11196 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

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

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

165 

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

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

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

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

and 402 

[Docket No. USCG–2006–24371] 

RIN 1625–AB02 

Consolidation of Merchant Mariner 

Qualification Credentials 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard issues this 

final rule to consolidate the regulations 

covering issuance of merchant mariner 

qualification credentials, to reduce the 

burden on mariners by limiting the 

number of times they need to appear in 

person to provide fingerprints and proof 

of identity, and to address comments 

received from the public in response to 

the Supplemental Notice of Proposed 

Rulemaking, in some cases through 

revisions based on those comments. 

This final rule works in tandem with the 

joint final rule published by the Coast 

Guard and the Transportation Security 

Administration on January 25, 2007, 

entitled ‘‘Transportation Worker 

Identification Credential (TWIC) 

Implementation in the Maritime Sector; 

Hazardous Materials Endorsement for a 

Commercial Driver’s License’’. 

DATES: This final rule is effective April 

15, 2009. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of April 15, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2006–24371 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Mayte Medina, Coast Guard, telephone 

202–372–1406. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Acronyms 

II. Regulatory History 

III. Background and Purpose 

IV. Summary of Changes From SNPRM 

V. Discussion of Comments and Changes 

A. Comments Regarding the TWIC 

Rulemaking 

B. General 

C. Appeals 

D. Application Process 

E. Background Checks 

F. Coast Guard Authority 

G. Citizenship 

H. Consistency 

I. Continuity Documents 

J. Definitions 

K. Fees 

L. Format 

M. Large Passenger Vessels 

N. License Creep 

O. Medical 

P. National Maritime Center 

Q. Oaths 

R. Pilots 

S. Posting of Credential 

T. Social Security Numbers 

U. International Convention on the 

Standards on Training, Certification, and 

Watchkeeping for Seafarers, 1978, as 

Amended (STCW) 

V. Training 

W. Integration With TWIC 

X. Questions Outside the Scope of This 

Rulemaking 

VI. Regulatory Evaluation 

A. Executive Order 12866 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Acronyms 

ADA Americans with Disabilities Act 

ARPA Automatic Radar Plotting Aid 

ATP Airline Transport Pilot 

CFR Code of Federal Regulations 

CBP Customs and Border Patrol 

COR Certificate of Registry 

EEOC Equal Employment Opportunity 

Commission 

FAA Federal Aviation Administration 

FR Final Rule 

GMDSS Global Maritime Distress and 

Safety System 

ILO International Labor Organization 

IMO International Maritime Organization 

MERPAC Merchant Marine Personnel 

Advisory Committee 

MMC Merchant Mariner Credential 

MMD Merchant Mariner Document 

MODU Mobile Offshore Drilling Unit 

NARA National Archives and Records 

Administration 

NDR National Driver Register 

NEPA National Environmental Policy Act 

NMC National Maritime Center 

NPRM Notice of Proposed Rulemaking 

NTTAA National Technology Transfer and 

Advancement Act 

NVIC Navigation and Inspection Circular 

OCMI Officer in Charge, Marine Inspection 

OICEW Officer in Charge of Engineering 

Watch 

OICNW Officer in Charge of Navigational 

Watch 

OMB Office of Management and Budget 

OSV Offshore Supply Vessels 

PVSA Passenger Vessel Safety Act of 1993 

QMED Qualified Member of the Engine 

Department 

REC Regional Examination Center 

RFPNW Rating Forming Part of a 

Navigational Watch 

SNPRM Supplemental Notice of Proposed 

Rulemaking 

SOLAS Convention for the Safety of Life at 

Sea 

SSN Social Security Number 

STCW International Convention on the 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended. 

TOAR Towing Officer’s Assessment Record 

TSA Transportation Security 

Administration 

TWIC Transportation Worker Identification 

Credential 

US United States 

USC United States Code 

II. Regulatory History 

On May 22, 2006, the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register titled ‘‘Consolidation of 

Merchant Mariner Qualification 

Credentials’’ (71 FR 29462). The NPRM 

included a 45-day comment period, and 

announced four public meetings that 

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

Louis, MO, and Long Beach, CA. During 

the comment period for the NPRM, the 

Coast Guard received over 100 requests, 

both in writing and in person at the 

public meetings, for additional time to 

comment. 

In response, on January 25, 2007, the 

Coast Guard published a Supplemental 

Notice of Proposed Rulemaking 

(SNPRM) under the same title in the 

Federal Register (72 FR 3605) providing 

an additional three months for 

comments. The SNPRM included a 

discussion of all comments received in 

response to the NPRM. We received 19 

letters commenting on the SNPRM. No 

public meeting was requested and none 

was held. 

III. Background and Purpose 

A complete discussion of the 

background and purpose for this rule 

can be found in the preamble to the 

NPRM, 71 FR 29463. Under the current 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11197 

1The first TWIC Final Rule, published on January 

25, 2007, required all mariners to have a TWIC by 

September 25, 2008. See 72 FR 3492. On May 7, 

2008, the Department of Homeland Security 

published a Final Rule delaying the date by which 

mariners must hold a TWIC until April 15, 2009. 

See 73 FR 25562. 

regulations being amended in this rule, 

the Coast Guard may issue up to four 

credentials to a mariner: A Merchant 

Mariner’s Document (MMD), Merchant 

Mariner’s License (License), Certificate 

of Registry (COR), and an International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers (STCW) Endorsement. Each 

credential serves a separate purpose, 

thus creating the possibility that a 

mariner might need all four. 

The Maritime Transportation Security 

Act of 2002, 46 U.S.C. 70105, (MTSA) 

requires all merchant mariners 

credentialed under 46 U.S.C. part E to 

undergo a security threat assessment 

and obtain a transportation security 

card. This provision has been 

implemented by the Transportation 

Security Administration (TSA), which 

has begun implementing the 

Transportation Worker Identification 

Credential (TWIC) into the maritime 

sector, and the Coast Guard. All 

mariners are required, under Coast 

Guard regulations, to obtain a TWIC by 

April 15, 2009.1 This means that, 

without a regulatory change, a mariner 

would need up to five credentials. 

This rule will minimize these 

redundant credentialing requirements, 

and ease the burden on merchant 

mariners. The Coast Guard is 

streamlining its mariner regulations and 

consolidating the four separate 

credentialing documents into one 

Merchant Mariner Credential (MMC). In 

addition to reducing the number of 

credentials a mariner will need to hold, 

this rule also eliminates redundant 

burdens and government processes. 

IV. Summary of Changes From SNPRM 

Cite Change Reason 

Throughout document .......... Changed the date by which a mariner must hold a 

TWIC from September 25, 2008 to April 15, 2009.

To reflect change in mariner compliance date published 

by DHS in a Final Rule on May 7, 2008 (73 FR 

25562). 

46 CFR 10.209, 10.211, 

10.214, 10.221, 10.223, 

10.225, 10.227, 10.229, 

10.231, 10.235, 12.02–7.

Added language to reflect that applications for MMC’s 

prior to April 15, 2009 will still need to be made in 

person at an REC to provide fingerprints and proof of 

identity, and that for these applications, the Coast 

Guard will still conduct security threat assessments. 

After April 15, 2009, TSA will collect the fingerprints 

and proof of identity and forward that information to 

the Coast Guard (National Maritime Center (NMC)).

To allow the Coast Guard to begin issuing the MMC 

prior to the date that mariners are required to hold a 

TWIC, and prior to the date when TSA will begin 

sharing applicant information with the Coast Guard. 

33 CFR 164.13 .................... Changed the term from properly, to appropriately ......... In response to comments. 

46 CFR 10.107 .................... Added language to the definition of safe and suitable 

person to refer the reader to 46 CFR 10.211 and 

10.213; and added definitions for large passenger 

ship, non-resident alien and steward’s department.

In response to comments and changes to regulations. 

46 CFR 10.109 .................... Added the first class pilot endorsement, and in (b) 

added subcategories of able seaman for consistency 

as well as clarity with the requirements in Parts 12 

and 15.

In response to comments. 

46 CFR 10.211 .................... Added language to specifically state responses that applicants need only provide written disclosure of convictions not previously disclosed on an application.In response to comments. 

46 CFR 10.215 Table (a) ..... Revised the table to place the reg cites for the requirement.In response to comments. 

46 CFR 10.215(c) ................ Revised to allow the medical examiner, if qualified, to 

conduct the appropriate examinations.

In response to comments. 

46 CFR 10.221(a)(2) ............ Added exception for large passenger vessel ................. In response to comments and Congress.

46 CFR 10.225 .................... Removed the requirement that a mariner have proof of 

applying for a TWIC within the past 30 days.

In response to comments. Additionally, it provides more 

flexibility. 

46 CFR 10.237 .................... Added language to specify that the Coast Guard will 

provide the applicant the reason(s) for denial of an 

application directly to the applicant.

In response to comments. 

46 CFR 11.304(h)(7) ............ Removed the requirement for gathering the TWIC information.In response to comments and realization that we had 

sufficient information to determine the identity of the 

officer conducting the assessment. 

46 CFR 11.518 .................... Added the abbreviation for Qualified Member of the Engine Department (QMED).In response to comments. 

46 CFR 11.520 .................... Replaced qualified member of the engine department 

with QMED.

In response to comments. 

46 CFR 11.1005 .................. Removed the date ........................................................... In response to comments and date is no longer necessary. 

46 CFR 12.02–11(d) ............ Revised to state that ratings endorsements will be 

issued if the holder or applicant is qualified for the 

endorsement.

In response to comments. 

46 CFR 12.02–17 ................ Revised section to remove reference to Officer in 

Charge Marine Inspection. In paragraph (g) revised 

section for clarity.

In response to comments and to provide clarity after 

the revisions. 

46 CFR 12.05–3(c) .............. Revised paragraph to remove the date and to provide 

clarity that the endorsement for Rating Forming Part 

of a Navigational Watch (RFPNW) will be issued 

upon meeting the requirements of STCW.

In response to comments and to provide clarity. 

11198 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

Cite Change Reason 

46 CFR 12.05–7 .................. Removed the term Commanding Officer ........................ In response to comments and for consistency with 

changes previously proposed. 

46 CFR 12.10–1 .................. Removed the term ‘‘United States collector or deputy 

collector of customs’’ and replaced it with the appropriate term with the DHS reorganization.

In response to comments and updating the regulations 

with current terminology. 

46 CFR 12.10–3 .................. Removed the term Commanding Officer ........................ In response to comments and for consistency with 

changes previously proposed. 

46 CFR 12.15–1 .................. Removed the term ‘‘United States collector or deputy 

collector of customs’’ and replaced it with the appropriate term with the DHS reorganization.

In response to comments and updating the regulations 

with current terminology. 

46 CFR 12.15–3(d) .............. Removed the February 1, 2002 date .............................. In response to comments and because that date is no 

longer necessary. 

46 CFR 12.15–7(c) .............. Revised the newly inserted word from engineer department to engine department.Consistency with existing language and in response to 

comment. 

46 CFR 12.40 ...................... Revised subpart for the requirements for non-resident 

aliens working on large passenger vessels.

In response to comments and new interim rule. 

46 CFR 15.401 .................... Spelled out the first use of TWIC ................................... In response to comments. 

46 CFR 15.530 .................... Revised subpart for the requirements for non-resident 

aliens working on large passenger vessels.

In response to comments and new interim rule. 

46 CFR 15.701 .................... Removed the word Customs and replaced it with Customs and Border Protection.In response to comments and updating the regulations 

with current terminology. 

46 CFR 15.812(b)(1) ............ Clarified the requirement to state that it is either a first 

class pilot’s license or an MMC with a first class pilot’s endorsement.

In response to comments and for clarification. 

46 CFR 15.815 .................... Revised radar endorsement language to make it consistent with language proposed in the NPRM for 

radar endorsements.

Consistency with other ongoing rulemaking project that 

is specifically on that requirement. 

46 CFR 15.915 .................... Revised header from ‘‘Engineer Licenses’’ to ‘‘Engineer 

Officer Endorsements’’.

In response to comment and to make consistent with 

the remainder of the proposed rule. 

46 CFR 42.05–70 ................ Renumbered section to 42.05–27 ................................... In response to comment and because the definition 

was out of order. 

46 CFR 78.65–1 .................. Revised section to provide the option to post either license or merchant mariner credentials on a vessel.In response to comment and to provide for the phase-in 

period when both documents will be in use. 

46 CFR 97.53–1 .................. Revised section to provide the option to post either license or merchant mariner credentials on a vessel.In response to comment and to provide for the phase-in 

period when both documents will be in use. 

46 CFR 401.210 .................. Revised references to licensed service and added language to include the MMC requirement.In response to comments and to correct oversights not 

addressed in the SNPRM. 

46 CFR 402.220 .................. Revised section to provide for mariners holding either a 

license or MMC.

In response to comments and to provide for the phasein period when both documents will be in use. 

V. Discussion of Comments and 

Changes 

The following comments were 

submitted to the docket for the MMC 

SNPRM. All written comments received 

are available for inspection in the public 

docket for this rulemaking, where 

indicated under ADDRESSES. 

A. Comments Regarding the TWIC 

Rulemaking 

We continued to receive comments to 

the docket regarding the TWIC. This 

rulemaking is limited to the 

consolidation of merchant mariner 

credentials, including the requirement 

for a TWIC as required by 46 U.S.C. 

70105; however, comments regarding 

the TWIC rulemaking are inappropriate 

for discussion in this rulemaking. They 

are not addressed in this FR; they were 

forwarded to the appropriate office 

either at the Coast Guard or at TSA for 

consideration, and included in the 

discussion of comments in the TWIC 

final rule, published on January 25, 

2007 (72 FR 3492). 

B. General 

The Coast Guard received a number of 

positive comments on the SNPRM. We 

received one comment commending the 

Coast Guard on recognizing the need to 

move forward on concurrent processing 

of a TWIC and MMC. We received one 

comment supporting the removal of 

language in § 12.01–1 that stated that 

the MMD was owned by the Coast 

Guard. We received one comment 

expressing support for the revised 

requirements in § 15.815(d) and (e) 

requiring mariners to either carry their 

radar certificate with them or have a 

copy on file with their company. We 

received one comment that specifically 

stated that all the credentials should be 

combined as proposed in the SNPRM. 

We received four comments supporting 

the issuance of MMCs through the mail. 

We received one comment applauding 

the removal of withholding the reason 

for the denial of a credential. We 

received numerous comments agreeing 

with the need for proper identification 

and credentialing of mariners, in order 

to ensure safe vessel operation and 

national security. We received one 

comment commending the Coast Guard 

for allowing the mariner to take his/her 

oath before any person. We received one 

comment noting that the MMC 

represents an opportunity to make the 

mariner credentialing system more 

transparent, predictable and fair. We 

received one comment expressing 

appreciation of the Coast Guard’s efforts 

to protect a mariner’s privacy by 

removing the Social Security number on 

the form of payment. 

We received one comment expressing 

concern that focusing the emphasis of 

the MMC on competency of the mariner 

would undermine the principle that the 

Coast Guard must be vigilant in its 

issuance of its credentials. 

We disagree. While TSA is 

responsible for verifying identity and 

conducting security vetting for 

mariners, the Coast Guard will only 

issue credentials to those individuals 

who pass the security vetting and the 

safety and suitability check conducted 

by the Coast Guard. We will not ignore 

whether the individual is a security 

threat, though our focus will be 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11199 

qualifying the mariner to be employed 

on vessels and ensuring the individual 

is not a threat to maritime safety. 

We received one comment noting that 

the mariner would still be required to 

carry multiple credentials and 

documents and thus the synergetic 

effect of the Coast Guard’s proposed 

consolidation of the mariner’s 

credentials is somewhat diluted. 

We agree. The Coast Guard recognizes 

that mariners will still be required to 

carry more than one credential; 

however, those issued by the Coast 

Guard will be reduced from as many as 

four to one. 

We received one comment suggesting 

that this rulemaking should be used to 

remedy existing deficiencies in the 

licensing system. 

We disagree. The purpose of this 

rulemaking is to streamline the existing 

merchant mariner credentialing process, 

to minimize redundant requirements, 

and simplify the credentialing program. 

While it is expected that this will 

remedy some of the existing deficiencies 

in the merchant mariner credentialing 

program, it is not the intent of this 

rulemaking. The Coast Guard has a 

number of initiatives in progress which 

are intended to improve the merchant 

mariner credentialing system, which 

include reorganization of the NMC and 

fully developing a quality standard 

system. 

We received one comment asking the 

Coast Guard to address the deletions 

and additions of definitions, 

subsections, figures, and tables within 

the rulemaking. 

In the NPRM, we provided a table 

showing where various subsections 

were moved between the various parts 

of Title 46 of the CFR (71 FR 29464–81). 

Additionally, when the definitions were 

consolidated we had no intention of 

removing definitions and have reviewed 

the list to ensure that all of the 

definitions within the subchapter have 

been retained, unless otherwise noted in 

this or previous regulatory documents. 

Within this preamble, we will discuss 

any changes from the SNPRM, which 

would not have been discussed in either 

the NPRM or the SNPRM. 

We received one comment requesting 

that we readdress the comments they 

made to the NPRM. 

The Coast Guard has determined that 

readdressing even some of the 

comments we received on the NPRM 

would be redundant, as those comments 

were already fully addressed in the 

‘‘Discussion of Comments and Changes’’ 

section of the SNPRM (72 FR 3608). As 

such, we have not readdressed 

comments received on the NPRM; this 

discussion will only address those 

comments received on the SNPRM. 

We received one comment stating that 

the creation of an entirely new form of 

a credential to replace the traditional 

license would create more problems 

than it might solve. 

We disagree. While we recognize that 

the transition to this new credential will 

not be without challenges, we believe it 

will result in a better credential 

accepted by more mariners than the 

credentials currently in place. 

One commenter recommended that 

the MMC proposal be withdrawn. 

We do not agree with this comment 

and are proceeding with this final rule. 

Without this final rule, mariners would 

face duplicative appearance 

requirements when applying for their 

TWIC and their Coast Guard issued 

License, MMD, COR, or STCW 

Endorsement. 

We received one comment expressing 

concern with this rulemaking because it 

comes at an especially active period in 

maritime regulation and it was 

recommended that we proceed with 

caution. 

We recognize that the Coast Guard is 

involved in multiple regulatory projects 

at this time, and that several of them 

touch upon the same regulatory 

provisions being amended by this final 

rule. All persons involved in this project 

are sensitive to this fact, and have been 

diligent in ensuring that the same 

approach and language is used in all 

projects. As a result of this diligence, 

recent changes, published in an interim 

rule for vessel security officer training 

and certification (May 20, 2008; 73 FR 

29060) and in final rules on training and 

service requirements for merchant 

marine officers (September 11, 2008; 73 

FR 52789) and technical amendments 

for 46 CFR (September 29, 2008; 73 FR 

56505), have been incorporated into this 

final rule. 

One commenter expressed concern 

that the SNPRM implied the MMC is an 

identity document in addition to being 

a proficiency document. They felt 

adding the identity concept to the MMC 

would introduce confusion and 

recommended that the TWIC remain the 

proof of identification. 

We disagree. There have been 

numerous comments recommending the 

MMC be International Labor 

Organization (ILO) 185 compliant. In 

order to meet those requests, the Coast 

Guard must make this credential, in 

part, an identification credential. 

Identification will not be the primary 

function of the MMC, as the TWIC will 

be used as the primary identification 

document aboard U.S. vessels and at 

U.S. facilities. The MMC may be used as 

an identity document in other places, as 

it will hold a digital photo of the 

mariner, which will be taken from the 

TWIC enrollment application during 

which time proof of identity is 

inspected. 

We received one comment requesting 

the implementation of this rulemaking 

be delayed until there have been trials 

of the information sharing between the 

Coast Guard and TSA. 

We agree, in part, with this comment. 

Before we fully implement this 

rulemaking we will be testing the 

transmission of information between the 

two agencies. If we are able to begin 

issuance of the MMC before the full 

implementation of TWIC, we may begin 

a partial implementation of those 

portions of the rule that do not require 

the information sharing. 

We received one comment stating that 

the Coast Guard must educate other 

state and Federal agencies about the 

status of a merchant mariner credential, 

and the requirements to achieve them. 

While not the purpose of this 

rulemaking, we agree we need to 

educate other agencies about the MMC. 

We will use all available channels to 

inform State and Federal agencies about 

the new credential. 

We received one comment stating that 

the majority of licensed officers favor 

retaining the license as a separate 

document and as a certificate of 

qualifications at the licensed level. 

We disagree. This statement is not 

represented by the comments received 

during this rulemaking. 

We received one comment stating that 

the present documentation and 

licensing regulations should remain 

intact and should not be changed to a 

system of endorsements on a newly 

created MMC. 

We disagree. Even before the MMC 

and TWIC rulemakings, the Coast Guard 

recognized the need to revise the 

current credentials, to make them less 

confusing. This need was further 

reinforced by comments received and 

responses made to Congress regarding 

the number of credentials being carried 

by mariners and the need to reduce that 

number. 

We received one comment seeking 

clarification on a statement within the 

SNPRM preamble regarding delaying 

the final rule until ‘‘next year’’ to allow 

the Coast Guard to accept and apply 

additional public comments. 

The intent of the statement within the 

SNPRM was to state that the Coast 

Guard was going to seek additional 

comments in conjunction with the 

rulemaking process. Because at that 

time mariners would not have been 

required to hold a TWIC until 

11200 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

September 25, 2008 (see TWIC final rule 

at 72 FR 3587–88), we recognized that 

there was ample time to allow for 

additional comment before needing to 

finalize this MMC rulemaking project. 

Providing a second round of comments 

has helped ensure that in consolidating 

the existing mariner credentialing 

regulations, we were not 

unintentionally changing any 

qualifications requirements. 

We received one comment stating that 

not allowing mariners to serve prior to 

issuance of their MMC conflicted with 

the TWIC policy which allowed service 

for up to 30 days before they actually 

received their TWIC and that this Coast 

Guard policy would negate that 

advantage. We received two comments 

encouraging the Coast Guard to seek 

issuance of interim MMCs for mariners 

serving on passenger vessels that have 

been issued a TWIC, but are waiting on 

the processing of the MMC. We received 

one comment recommending issuance 

of interim credentials to persons who 

have had recent prior experience 

crewing on U.S.-flag vessels, or on other 

vessels that have evidence, issued by 

the Federal Maritime Commission, of 

compliance with sections 44102 and 

44103 of Title 46 of the United States 

Code. In contrast, we received one 

comment stating that the issuance of 

interim credentials would be confusing 

and unnecessary, especially considering 

that we do not currently have interim 

credentials and everyone has managed 

to deal with it by planning ahead. 

The Coast Guard has decided not to 

allow merchant mariners to serve prior 

to the issuance of their MMC. The U.S. 

Code provides that the Coast Guard may 

issue credentials to those applicants 

found qualified as to age, character, 

habits of life, experience, professional 

qualifications and physical fitness (46 

U.S.C. 7101(c), 7306, and 7313). The 

law provides that the Coast Guard must 

ensure a mariner meets the 

aforementioned criteria before issuing a 

credential and the possession of such a 

credential is required to serve in a 

position on any vessel that requires a 

credential. 

We received one comment that 

suggested the replacement of the phrase 

‘‘* * * a properly endorsed license 

* * *’’ with ‘‘* * * an appropriately 

endorsed license * * *’’ in 33 CFR 

164.13(b) and (c). 

We concur with the suggestion and 

have made this change. 

We received one comment seeking 

clarification regarding the listing of the 

Young Men’s Christian Association 

(YMCA) but not the Young Women’s 

Christian Association (YWCA) in 46 

CFR 10.219(h)(2)(ii) and whether the 

failure to include that organization was 

intentional, and if so for further 

rationale for not including the 

organization. 

The YWCA was intentionally 

excluded from the current published list 

in the regulations. The list has been in 

place and unchanged since the 

establishment of fee regulations in 1993, 

and it is not our intention with this 

rulemaking to add or remove 

organizations from the existing list. An 

organization seeking to be added to the 

list may follow the procedure, 

unchanged by this rulemaking, laid out 

in paragraph (h)(2)(i). 

We received one comment 

recommending that 46 CFR 11.502(b) be 

revised to reflect three propulsion 

modes: motor, steam, and gas turbine. 

We agree, in part. There are three 

propulsion modes that should be 

included in the regulations; however, 

this change is being considered in a 

separate, larger Coast Guard rulemaking, 

titled ‘‘Implementation of the 1995 

Amendments to the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978’’ (RIN: 1625–AA16). 

We received one comment that 

recommended 46 CFR 11.1105 be the 

same as § 11.1005: ‘‘To serve on a nonRo-Ro passenger ship a person endorsed 

as master, mate, chief mate, engineer, or 

chief engineer shall meet the 

appropriate requirements of the 

International Convention on the 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended (STCW) Regulation V/3 and of 

section A–V/E of the STCW Code.’’ 

We disagree. It is not the purpose of 

this rule to revise the substantive 

qualifications requirements or even just 

the text of the requirements; this rule 

serves to reorganize the various parts, 

consolidate the various mariner 

credentials, and eliminate redundant 

appearance requirements in light of the 

new TWIC requirement. As noted in an 

earlier response, the Coast Guard has a 

number of ongoing regulatory projects 

that, if completed, would change 

portions of 46 CFR chapter I, subchapter 

B. Once these projects are completed, 

we will examine whether a complete 

revision of the regulations in subchapter 

B is warranted. The change suggested by 

the commenter could be incorporated 

into such a revision. 

We received one comment 

recommending a revision to § 12.15–7(c) 

changing the phrase ‘‘engineer 

department’’ to ‘‘engine department’’. 

We agree with this suggestion and 

have made this change. 

We received one comment noting that 

we did not correct the heading for 

§ 15.915. That omission was an 

oversight on the part of the Coast Guard; 

we have corrected that heading in this 

final rule to ‘‘Engineer Officer 

Endorsements’’. 

One comment recommended 

§§ 78.65–1, 97.53–1, and 131.955 state 

that the page of the credential should 

show the information for officer 

credentials and include the license for 

the 5 year implementation period. 

We agree, and have amended the 

sections to read ‘‘All officers on a vessel 

must have their license or officer 

endorsements conspicuously 

displayed’’. 

We received one comment 

recommending that § 401.210(a)(1) be 

revised to allow for the transition period 

when mariners will still hold licenses. 

We agree; this entire paragraph has 

been revised in this final rule, in order 

to allow the Coast Guard to start issuing 

MMCs even before mariners are 

required to obtain TWICs. These 

changes mean that, until April 15, 2009, 

mariners applying for their MMC will 

need to appear at an REC in person to 

provide proof of identity, citizenship, 

and their fingerprints. After April 15, 

2009, the Coast Guard will be able to 

obtain that information from the record 

TSA created when the mariner enrolled 

for his/her TWIC and will not have to 

appear at an REC. 

We received one comment 

recommending that § 402.220(a)(1), 

(a)(2), & (a)(3) should state license and 

MMC endorsement. 

We agree that these terms would 

provide clarity, and have made the 

suggested changes. 

We received one comment 

recommending that we model the 

mariner licensing system after the 

Federal Aviation Administration (FAA) 

processes, based upon the Airline 

Transport Pilot (ATP) license for the 

FAA coupled with type-rating for a 

specific aircraft. 

We disagree. While this would ensure 

that each mariner is qualified for each 

specific vessel upon which he or she 

serves, it would make the regulations 

much more difficult and confusing. 

Additionally, vessels are not as uniform 

as aircraft in their design and operation, 

thus using the FAA model would not be 

appropriate. 

One commenter suggested that STCW 

endorsements should be issued when a 

person meets STCW requirements for 

their position instead of in response to 

a request to go on an international 

voyage. 

We concur; however, we do not issue 

STCW endorsements unless requested 

by mariner. Thus, when the STCW 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11201 

endorsement is issued relies upon when 

the mariner makes his/her request. 

We received one recommendation 

that the CFRs should be drafted to 

provide a list of requirements as has 

been done in some of the license 

checklists. 

We disagree. While this idea appears 

on the surface to be a good solution, it 

would actually result in more 

difficulties over time. Checklists exist as 

aids that provide guidance on these 

regulations and are available for review 

at: http://www.uscg.mil/stcw/index.htm. 

Including such checklists in the 

regulations would mean they could only 

be revised through a regulatory change, 

requiring notice and comment under the 

Administrative Procedure Act. By 

providing the checklists as aids to 

understanding the regulations, we are 

able to quickly update and clarify them 

as requirements are revised or confusion 

is discovered. 

We received one comment noting that 

the safekeeping of the MMC would be 

easier if it were a passport-sized 

document. 

We agree and have started the process 

of transitioning to this style of 

document. 

C. Appeals 

We received one comment seeking 

clarification to the revised language in 

§ 12.03–1(c)(2). 

We have removed specific references 

to the Commanding Officer of the 

National Maritime Center throughout 

this rulemaking. In our view, this will 

have no effect on the processes 

currently in place. Coast Guard policy 

requires that Commanding Officers sign 

official correspondence or delegate it, as 

appropriate, within their command. We 

do not envision course application 

appeals being delegated below the 

Commanding Officer, except in his or 

her absence to an Acting Commanding 

Officer. 

D. Application Process 

We received one comment 

recommending the Coast Guard 

implement a Web-based application 

system and two comments 

recommending the Coast Guard allow 

electronic submission of applications. 

We agree. As resources are available, 

the Coast Guard intends to develop 

systems through which a mariner may 

apply for an MMC using various Webbased applications. 

We received one comment 

recommending that §§ 10.223(c)(2) and 

10.227(d)(2) read ‘‘* * * have a valid 

TWIC or show proof of applying for a 

TWIC * * *’’. 

We disagree. Mariners will not meet 

the TWIC requirement unless they 

actually hold the TWIC; completing the 

application process is not enough. 

Mariners need to plan to enroll with 

enough time to ensure their TWIC is 

available and able to be picked up prior 

to April 15, 2009 (the compliance date 

for the TWIC requirement for mariners). 

Therefore, this section only applies to 

those individuals who would already 

hold a valid TWIC and MMC. 

We received one comment 

recommending the removal of the 

requirement of proof that a TWIC be 

obtained or applied for (within the past 

30 days) in order to receive an original 

MMC from § 10.225(b)(2). 

We agree that it would not be 

necessary to provide the 30-day 

limitation on the TWIC application for 

an original merchant mariner credential, 

and have made the suggested change. 

One commenter expressed concern 

that the coordination of regulatory roles 

and administrative functions between 

two agencies within the same 

Department did not lead to development 

of one application and enrollment 

process, vetting of criminal or other 

records for safety, suitability, and 

terrorist security risks, determination of 

qualifications and issuance of a single 

combined Merchant Mariner Document 

(MMD)/TWIC. 

We disagree. When the Coast Guard 

and TSA first began collaborating to 

issue regulations on TWIC, the issue of 

whether all credentials could be 

combined into a single MMC/TWIC was 

thoroughly explored. Unfortunately, this 

is not an option at this time. As the use 

of biometric and smart card technology 

becomes more wide-spread, this 

decision may be able to be revisited. 

However, at this time, it is simply not 

possible to combine the two credentials 

onto one card. We have, through this 

final rule, streamlined the application 

process for the MMC, to avoid 

duplicative appearance requirements 

and security vetting. 

We received one comment 

recommending § 10.225(b)(5) be 

removed, since an applicant for an 

original MMC would not hold any of 

these credentials—cancelled or 

uncancelled. 

We agree, and have made the 

suggested change. 

We received one comment requesting 

that all mariners seeking renewals of 

towing vessel credentials be required to 

complete practical towing 

demonstrations, as well as for those 

mariners whose most recent credential 

has been suspended or revoked as stated 

in § 10.235(f). 

We disagree. The towing vessel 

credential requirements were developed 

through a separate rulemaking, during 

which this requirement was presented 

to the public and they were provided an 

opportunity to comment on the 

requirement. To add this requirement to 

all other mariners would require notice 

and comment that is currently outside 

the scope of this rulemaking. 

We received one comment 

recommending that § 10.237(a) clearly 

state that the written statement detailing 

the reason(s) for denial be provided to 

the applicant. 

We agree. It is the intention of this 

rulemaking to clarify the MMC process 

and we will make the suggested change 

to provide additional clarity. 

We received one comment 

questioning why we retained the Officer 

in Charge of Marine Inspection (OCMI) 

authority to make decisions about 

service and exam requirements in 

§ 11.201. 

This provision was retained because it 

provides the local Coast Guard official 

most familiar with the local area the 

ability to revise the requirements based 

upon that local knowledge. 

We received one comment requesting 

that we reconsider allowing an expired 

passport as evidence of citizenship 

verification. 

After reconsideration, we have 

decided to accept an expired passport, 

especially considering that the 

individual will undergo a thorough 

vetting for immigration status by the 

TSA during the security threat 

assessment, and a second vetting by the 

Coast Guard for suitability and safety 

qualifications. 

We received one comment 

recommending the establishment of a 

process to identify delayed applications 

and require supervisory review, as well 

as a process to recoup lost salary. 

We agree, in part. We have 

established a process within the quality 

standard system that will identify 

delayed applications and bring them to 

the attention of the leadership of the 

NMC. At present, there is no intention 

to develop a process to provide lost 

salary to applicants of a MMC. 

E. Background Checks 

We received one comment 

recommending the Coast Guard 

discontinue its duplicative background 

checks or the requirement to hold the 

TWIC, because it is unreasonable for 

both agencies to simultaneously 

examine a mariner’s criminal 

background. We received three 

comments recommending that the TWIC 

and MMC data be incorporated into a 

single card. We received one comment 

11202 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

recommending that the MMD be 

retained in its present role and format, 

but with additional functionality that 

would allow it to serve, at the 

unlicensed level, as both a 

transportation security card and a 

certificate of qualifications. 

We disagree. It is necessary for both 

the Coast Guard and TSA to review the 

criminal background, since both 

agencies are examining different issues 

to determine whether an individual 

should hold the credential issued by 

that agency. Also, it is not within the 

purview of the Coast Guard to change 

the requirement to hold the TWIC 

because that requirement is found in 46 

U.S.C. 70105. The information in the 

applications for the MMD and TWIC are 

different with respect to the different 

focus of the two credentials. 

Additionally, to only make the MMD 

consistent for unlicensed personnel 

would create disconnect between the 

ratings and officers as well as those 

mariners serving on inland routes not 

required to have an MMD. This 

proposed scheme would create as many 

credentials as the current system, and 

frustrate the project’s original purpose 

to consolidate credentials. However, 

this final rule does eliminate 

duplicative processes and requirements, 

such as the personal appearance and 

security background examinations 

requirements. 

We received four comments 

recommending the Coast Guard limit 

criminal conviction disclosure to those 

not previously disclosed on an 

application for a Coast Guard credential. 

Similarly, we received one comment 

recommending that § 10.211 be revised 

to request full disclosure of criminal 

history only on the applicant’s original 

application. 

We agree and have made the 

suggested changes in this final rule. 

We received one comment 

recommending that the self-disclosure 

of criminal history be eliminated from 

the application entirely. 

We disagree. There should be some 

requirement for self-disclosure; 

however, we have agreed that the 

disclosure should only cover the period 

since the last application or any item 

not previously disclosed to the Coast 

Guard. This is a benefit for the mariner 

and provides the opportunity for 

supplemental information not otherwise 

available in the public record to be 

submitted to the Coast Guard for 

consideration during the evaluation 

period. 

We received two comments stating 

that an unlimited review is counter to 

the Congressional intent regarding the 

National Driver Register (NDR). 

We agree, and the statutory three year 

limit (found in 49 U.S.C. 30305) on such 

a review has been incorporated into this 

final rule (see § 10.213). This does not, 

however, limit the Coast Guard’s ability 

to continue an unlimited review if the 

information obtained from the NDR is 

about a revocation or suspension still in 

effect on the date of the request. 

F. Coast Guard Authority 

We received two comments 

questioning whether the MMC with an 

officer endorsement will have the same 

significance as a license and whether 

the Coast Guard has authority to change 

the format of the license. 

As noted in the SNPRM, the authority 

to revise the license is well within the 

broad authority provided to the Coast 

Guard under 46 U.S.C. Part E. Thus, the 

MMC with an officer endorsement will 

carry the same weight as a license. 

G. Citizenship 

We received one comment requesting 

clarification on § 10.231(d)(2) regarding 

the specific mention of naturalized 

citizens. This language was brought 

from the existing language in 46 CFR 

10.207; it has not changed and carries 

the same meaning as it did prior to 

being moved by this final rule. 

H. Consistency 

We received one comment strongly 

recommending that the wording 

referencing mariner credential authority 

in parts covered by this regulation be 

changed by replacing the words ‘‘not 

more than’’ with the words ‘‘less than’’. 

This change was being sought to make 

the revisions more consistent with the 

provisions within STCW, as well as U.S. 

inspections language. 

While we do not necessarily agree or 

disagree with the suggestion, this final 

rule is not the appropriate place to 

contemplate this change. The primary 

focus of this rulemaking is the 

development of a consolidated 

credential and a reorganization of 

subchapter B. This recommendation, 

however, is being contemplated for 

incorporation in a separate rulemaking, 

titled ‘‘Implementation of the 1995 

Amendments to the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978.’’ 

We received one comment 

recommending the rules be consistent in 

the use of the term QMED for ‘‘Qualified 

Member of the Engine Department.’’ 

We agree. It is appropriate to establish 

an abbreviation in the text that can then 

be used in subsequent sections of the 

rules. We have revised § 11.518 to 

provide the abbreviation, and then used 

the term ‘‘QMED’’ for the remainder of 

that subpart. 

We received one comment 

questioning the retention of the term 

Commanding Officer, National Maritime 

Center in §§ 12.05–7(b) and 12.10–3(a). 

We have removed the term 

commanding officer from those sections. 

We received two comments asking 

why the language referring to the United 

States collector or deputy collector of 

customs was left in the regulations in 

§§ 12.10–1 and 15.701(c), even though 

we removed the language referring to 

the shipping commissioner. 

We removed the reference to the 

shipping commissioner because it was a 

function the Coast Guard previously 

performed, but no longer performs. The 

term United States Collector of Customs 

now falls under the responsibility of the 

Customs and Border Patrol (CBP) Port 

Director, and this change has been 

incorporated in this final rule. 

We received one comment noting that 

we left out the shipping commissioner 

language in § 12.15–1. We have made 

this correction in this final rule. 

We received one comment 

questioning why there was a difference 

in language between §§ 13.407 and 

13.507, when it did not appear that 

there should be a difference in the 

language. 

We agree with this comment, and 

have revised § 13.507 accordingly in 

this final rule. 

We received one comment seeking 

clarification on § 401.210(a)(6), which 

allows a Great Lakes Pilot to have either 

an MMD or a TWIC. 

This option was left in place because 

this final rule will go into effect before 

all mariners are required to hold a 

TWIC, therefore there will be a period 

where individuals might hold an MMD 

without a TWIC. We have revised the 

language to ensure that, on April 15, 

2009, (the date when all mariners must 

hold a TWIC) only a TWIC will be 

acceptable. 

I. Continuity Documents 

We received one comment asking us 

to leave the decision whether to retain 

a continuity license and TWIC, or 

document of continuity without TWIC, 

to the license holder. 

As an agency, we have decided not to 

continue to issue continuity licenses, 

but rather only documents of continuity. 

Should a mariner choose to obtain a 

TWIC, but seek to obtain an MMC for 

continuity purposes only, they will still 

receive a document of continuity. This 

decision is based on a desire to 

consolidate as many of our pre-existing 

credentials into the fewest number of 

mariner credentials as possible. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11203 

J. Definitions 

We received two comments stating 

that the definition for ‘‘day’’ should not 

have been revised regarding 100-ton 

vessels and the service for Mobile 

Offshore Drilling Units (MODU) needed 

to be removed from the definition. 

We disagree. The definition of ‘‘day’’ 

for vessels of 100 Gross Register Tons 

(GRT) or less was not significantly 

revised—we opted to use the more 

generic reference of Coast Guard rather 

than Officer in Charge, Marine 

Inspection. The definition of ‘‘day’’ for 

MODUs was already included in that 

definition in the pre-existing 46 CFR 

10.103 under ‘‘service as.’’ We are 

including it in this definition in order 

to consolidate all definitions for ‘‘day’’ 

in one location. 

We received two comments 

recommending that the definition for 

‘‘safe and suitable person’’ should refer 

to 46 CFR 10.211. 

While we do not believe it is 

necessary to make the connection 

between the definition and 46 CFR 

10.211, we made the change to assist the 

mariner. 

We received one comment stating the 

definition for ‘‘senior company official’’ 

needs clarification. This definition is 

consistent with the existing definition 

currently found in 46 CFR 10.103, 

therefore no change has been made. 

We received one comment stating the 

Coast Guard should fully analyze the 

change of the application of the 

definition of ‘‘operate, operating or 

operation’’ to the entire Subchapter B. 

We disagree. The definition is 

restricted to the manning requirements, 

and therefore analyzing its application 

throughout the entire subchapter would 

not be appropriate. 

We received one comment 

recommending that a section be inserted 

at 46 CFR 12.01–6 to direct the reader 

to the definitions found in 46 CFR 

10.107. 

We disagree. This final rule is a 

consolidation of the pre-existing 

regulations, and as part of that 

consolidation, all definitions are found 

in the beginning of the subchapter. We 

believe that mariners and others who 

use these regulations will quickly adjust 

to looking in one spot (46 CFR 10.107) 

for definitions that apply throughout the 

subchapter. 

We received one comment that stated 

that the definition for ‘‘credential’’ was 

out of order. We agree and have 

renumbered it at 46 CFR 42.05–27. 

We received a comment stating that 

the definition for ‘‘merchant mariner 

credential’’ needs to be added to 46 CFR 

Parts 70, 91, 114, 125, 160, 169, 175, 

188, and 199. 

We disagree. The minimal addition of 

the phrase ‘‘merchant mariner 

credential’’ to those parts does not 

necessitate the addition of that 

definition. We note that those parts 

previously referenced either an MMD or 

a license (or both), with neither of those 

terms defined in those parts, without 

confusion. 

We received one comment 

recommending the definition for 

‘‘conviction’’ not refer to decisions 

made by a foreign country’s court of 

record. 

We disagree. This definition is 

consistent with the existing definition 

for ‘‘conviction.’’ This rulemaking is 

about the MMC, not changing the 

qualifications for licensing, and it is 

therefore beyond the scope of this 

rulemaking to address the meaning of 

the term ‘‘conviction. 

We received one recommendation 

that the definition for ‘‘regional 

examination center’’ should be revised 

to incorporate upcoming changes to the 

National Maritime Center and Regional 

Examination Center system. 

While we agree that the change is 

necessary, it is beyond the scope of this 

rulemaking as the change needs to be 

made in more places in the CFR than 

just those being amended by this final 

rule. Some of these changes were 

recently made as part of a series of 

technical amendments to Title 46 of the 

CFR. 73 FR 56505. 

K. Fees 

We received one comment stating that 

while the MMC rule might reduce cost 

to the mariners, the entire TWIC/MMC 

rulemaking increases costs to the 

mariners. 

While we recognize that the new 

TWIC requirement carries a new fee, the 

regulatory analysis for that project 

considered that new fee as a part of its 

cost and benefit analysis, thus it is 

inappropriate for that cost to be counted 

again in this final rule. The regulatory 

analysis for this rulemaking only 

considers the costs and benefits 

associated with the changes made by 

this final rule. 

L. Format 

We received one comment asking that 

the Coast Guard make a certificate 

suitable-for-framing with the officer 

information printed upon it, in addition 

to the final MMC. 

We disagree. While this was also the 

recommendation from Merchant Marine 

Personnel Advisory Committee 

(MERPAC), the Coast Guard has decided 

not to produce such a document at this 

time since this rulemaking’s purpose is 

to consolidate credentials. 

We received one comment stating that 

MERPAC has gone on record opposing 

the MMC. 

We disagree. We have reviewed the 

recommendations from MERPAC, and 

have found no facts which would 

support this statement. 

We received one comment 

recommending the use of the term 

‘‘license endorsement’’ rather than 

‘‘officer endorsement’’. 

We disagree. ‘‘License’’ merely 

signifies permission granted from a 

government. In our view, ‘‘officer’’ is 

more the appropriate term as it signifies 

an individual who is in a position of 

authority. 

We received one comment 

recommending a new certificate of 

qualification be developed for ratings, 

and that the Coast Guard continue to 

issue two separate credentials. 

We disagree. We are seeking to 

develop a consolidated credential where 

an individual could have all of their 

qualifications in a single location. 

We received four comments 

recommending the MMC be designed to 

meet the requirements of ILO 185. 

We agree. This was one of the items 

taken into account during the style 

selection process, as well as one of the 

reasons we could not combine the MMC 

with the TWIC. While the initial MMCs 

may not be ILO 185 compliant, as it will 

take some time to ensure the new 

credential meets all of the requirements, 

the Coast Guard is working diligently to 

bring the MMC into full ILO 185 

compliance. 

We received one comment 

recommending the expiration dates of 

the MMC and TWIC be aligned. 

We disagree. This is not necessary 

and in some cases may not be in the best 

interests of those impacted by the 

regulations. We considered the costs 

associated with both documents, and 

believe that it may be economically 

advantageous to some mariners if the 

MMC and TWIC expiration dates do not 

align. However, those mariners wishing 

to bring these expiration dates into 

alignment may do so under this final 

rule. 

M. Large Passenger Vessels 

We received one comment stating that 

the Coast Guard needed to incorporate 

the Large Passenger Vessel Crew 

Requirements (RIN: 1625–AB16) that 

were published in the Interim Rule on 

April 24, 2007 (72 FR 20278). We 

received one comment recommending 

that 46 CFR 10.211(a)(2) be amended to 

include new subsection (d) for aliens in 

the steward’s department on large 

passenger vessels. We received one 

comment recommending that we 

11204 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

incorporate the MMC language in 46 

CFR Parts 12 and 15 relating to large 

passenger vessel crew requirements. 

We agree with these suggestions and 

have incorporated the changes made by 

the interim rule into this final rule. 

N. License Creep 

We received four comments 

requesting the effective date of a 

mariner’s renewed credential be the 

same as the expiration date (i.e. delayed 

issue of the credential). 

We agree, in part. While the Coast 

Guard agrees with this comment, we are 

awaiting authority from Congress to 

make such a change. Currently, 

Congress requires that the Coast Guard 

issue credentials for five years. In order 

to take action on this comment, the 

Coast Guard requires statutory authority 

to issue a credential that is valid for a 

period beyond 5 years. 

We received one comment stating that 

this rule does nothing to reduce license 

creep. 

It is our hope that the streamlining 

features established by this rule will 

reduce license creep; additionally, the 

Coast Guard is moving forward with the 

reorganizations of the National Maritime 

Center and the Regional Examination 

Centers, both of which are more focused 

on improvement of processes. 

O. Medical 

We received one comment 

recommending that we require general 

medical exams for all mariners, 

including entry-level mariners. 

We disagree. We do not have 

authority to require such exams. 

We received two comments 

recommending Column 5 of table 46 

CFR 10.215 be revised to read, ‘‘may be 

required to demonstrate physical 

ability’’. 

We agree with the intent of this 

suggestion. However, we have opted to 

remove the ‘‘x’’ from the box and add, 

in its place, the appropriate paragraph 

which provides the specific requirement 

and applicability of the demonstration 

of physical ability. This should 

eliminate some confusion over who 

must ‘‘demonstrate physical ability’’. 

We received one comment 

recommending revision to 46 CFR 

10.215(c) to allow medical examiners to 

perform the audiometer/speech 

discrimination tests. 

We agree and have made the 

suggested change. Medical examiners 

who are qualified to conduct the 

necessary hearing tests will be 

authorized to perform them. 

We received one comment requesting 

an evaluation of 46 CFR 10.215(e) with 

regard to the Americans with 

Disabilities Act (ADA), and to either 

revise the paragraph or state that the 

ADA does not apply. The commenter 

seems to be concerned that medical 

examiners will require the 

demonstration of physical ability in 

more places than necessary to avoid 

potential lawsuits. 

While we agree that this requirement 

is only mandatory for those mariners 

who are not undergoing a medical 

examination or those whom the medical 

examiner believes are physically unable 

to perform the duties of a merchant 

mariner, we do not believe it is 

appropriate to add the suggested 

language into the regulations. 

We received one comment stating that 

the demonstration of physical ability: 

(1) Fails to provide sufficient 

information to ensure consistent test 

results, (2) will result in increased cost 

per examination, and (3) will increase 

the time needed to obtain medical 

results. 

We disagree. The regulations provide 

general statements of what is required of 

the mariner, and additional information 

is available in Navigation and 

Inspection Circular (NVIC) 04–08, 

which was issued by the Coast Guard on 

September 18, 2008. (NVIC 04–08 

replaced NVIC 02–98, incorporating 

developments and advancements in 

modern medical practices as well as 

improvements in the medical evaluation 

process.) We encourage the public to 

review the discussions of physical 

ability, examiner alternatives and 

current industry practice in the 

September 29, 2008 notice of 

availability for the NVIC. 73 FR 56600. 

Additionally, this requirement is not 

going to apply to all mariners. It will 

only apply to those mariners whose 

physical ability might negatively impact 

maritime safety, as determined by their 

medical examiner during the course of 

normal physical examination. This 

demonstration will save the applicant 

an investment of time and money when 

an unknown medical or physical 

condition may prevent the issuance of 

the credential sought based on ability. It 

will also assist the Coast Guard in 

issuing a credential with certain 

limitations instead of denying the 

credential altogether or requiring 

additional tests. Both medical exams 

and demonstrations of physical ability 

are currently practiced and required 

under STCW Code. This rule clarifies 

the STCW requirement for physical 

ability; it does not alter it in any way. 

Based on consultation with medical 

practitioners, the National Maritime 

Center, and the Merchant Marine 

Personnel Advisory Committee 

(MERPAC), the determination of need 

for and demonstration of physical 

ability is part of common medical 

practice and will not result in a net 

change in baseline examination time 

and costs to industry. 

We received one comment stating that 

the medical examiner is not the 

appropriate person to attest the 

mariner’s ability to meet the 

demonstration of physical ability, since 

it is not a medical exam but a physical 

agility test. 

We disagree. However, we note that it 

is not necessary for the actual medical 

examiner to conduct the demonstration 

of physical ability, only that he or she 

signs for (‘‘attest to’’) evaluations 

conducted by those within their medical 

practice. 

We received one comment stating that 

the medical examiner should not be 

required to attest in writing to the 

applicant’s ability to perform nonmedical tasks, rather it should be 

provided by the actual person 

performing the evaluation. 

We disagree. Medical examiners 

routinely sign-off for the tests/exams 

performed by persons within their 

practice. This evaluation should not be 

different. 

We received one comment requesting 

that language be added requiring 

mariners to report changes in their 

medical condition. 

The Coast Guard does not believe it is 

appropriate to add that requirement in 

this rule, as it was not contemplated or 

proposed in the SNPRM. In the future, 

the Coast Guard intends to develop 

regulations specifically on the medical 

requirements for merchant mariners. 

This ensures that an adequate review of 

the requirements can be made by those 

impacted by the regulations. 

We received two comments 

recommending 46 CFR 10.215 (b) be 

revised to require the color vision test 

for original issue only. 

The Coast Guard does not believe it is 

appropriate to make this revision in this 

final rule. We are limiting the changes 

made by this final rule to those medical 

issues that were proposed in the 

SNPRM, to consolidate the various 

credentials issued by the Coast Guard to 

mariners, and to reorganize the 

regulations governing the applications 

for, issuance of, and qualifications for 

those credentials. As previously 

mentioned, the Coast Guard intends to 

develop regulations specifically 

addressing medical requirements for 

mariners. We will keep this comment in 

mind for future reference, as we develop 

regulations specifically on the medical 

requirements for merchant mariners. 

We received two comments 

recommending table 10.215(a) be 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11205 

clarified so that hearing, vision, and 

physical demonstration only be required 

if the medical practitioner has concerns. 

We agree, in part. The requirements 

regarding vision will be checked at each 

examination, which is a requirement 

consistent with the other modes of 

transportation. The hearing and 

demonstration of physical ability will 

only be required if the medical 

examiner has concerns regarding the 

applicant’s medical condition as it 

relates to a possible negative impact on 

maritime safety. 

We received two comments 

recommending that 46 CFR 10.227 be 

revised to allow proof of physical 

proficiency to be submitted on an 

alternative to the 719K. 

We disagree. At this time, we do not 

have an alternative form approved for 

such use. Those revisions will have to 

be completed in a rulemaking process 

which provides the public with 

adequate opportunity to comment. 

We received one comment 

recommending 46 CFR 10.215 be 

revised to ensure that the vision and 

hearing requirements match those on 

any proposed medical NVIC. 

We agree. Any NVIC must be based 

upon the regulations which they clarify, 

and therefore cannot include reference 

to requirements outside of those found 

in the regulations. 

We received one comment 

recommending 46 CFR 12.05–5 provide 

a reference to 46 CFR 10.215. 

We agree that such a reference would 

be appropriate and have made the 

suggested change. 

P. National Maritime Center 

We received one comment 

recommending 46 CFR 10.217 be 

revised to provide the address to the 

new medical branch of the NMC. 

We disagree. Merchant mariner 

applications will continue to be 

submitted to the servicing Regional 

Examination Centers listed in the 

regulations until such time as those 

requirements are revised through 

appropriate notice and comment. 

We received one comment stating that 

46 CFR 10.217 seems to contradict the 

new reorganization of the Mariner 

Licensing and Documentation (MLD) 

Program. 

We recognize the inconsistency. The 

Coast Guard is still in the process of 

reorganizing the MLD program. Some of 

these changes were recently made in a 

series of technical amendments to Title 

46 of the CFR. 73 FR 56505. 

We received one comment stating that 

46 CFR 10.02–17(f) and (g) appear to 

give the Officer in Charge of Marine 

Inspection (OCMI) the authority to 

refuse an examination. 

This is true. Until the reorganization 

of the MLD program is complete, the 

OCMI will still retain that authority. 

However, in an effort to reduce 

confusion, and in preparation of the 

reorganization, we have revised ‘‘OCMI’’ 

to ‘‘Coast Guard’’. 

Q. Oaths 

We received one comment requesting 

that the oath not be required. At this 

time, the Coast Guard is not able to 

remove the oath requirement from the 

regulations, as it is also a statutory 

requirement (46 U.S.C. 7105). 

R. Pilots 

We received one comment stating that 

the MMC would result in lowering the 

standards for pilots. 

We disagree. This final rule does not 

substantially change the requirements 

for pilots. The only changes made were 

based upon changes in terminology. 

We received one comment stating that 

first class pilot endorsements were 

absent from the list of endorsements in 

46 CFR 10.109. 

We agree and have made the 

suggested change. 

We received three comments stating 

that 46 CFR 15.812 is confusing, and 

possibly implies any officer can fulfill 

the requirements of a first class pilot. 

We agree that portions of this section 

are confusing, and have revised it to 

ensure the language is consistent with 

the existing requirements and 

comprehensible. 

S. Posting of Credential 

We received one comment stating that 

46 CFR 10.203(c) and (d) confuses the 

issue regarding the posting of the 

document. 

We disagree. The posting of the 

credential is not inconsistent with this 

requirement, since the mariner is 

normally on the vessel with his or her 

credential. However, in order to clarify 

this, we have added a reference to the 

posting requirement in 10.203(c). 

T. Social Security Numbers 

We received one comment requesting 

that the Social Security Number (SSN) 

not be used for recordkeeping purposes 

as proposed in 46 CFR 10.207. 

While we recognize the need to 

protect the SSN, it still remains the best 

method of correlating records on an 

individual. We will retain the SSN for 

internal recordkeeping purposes only. 

U. International Convention on the 

Standards on Training, Certification, 

and Watchkeeping for Seafarers, 1978, 

as Amended (STCW) 

We received one comment 

recommending 46 CFR 10.205(f) be 

deleted because it is unnecessarily 

confusing. 

We disagree. This language is 

consistent with our existing 

requirements; changing it is outside the 

scope of this project. This change will 

be considered, in a separate rulemaking 

titled ‘‘Implementation of the 1995 

Amendments to the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978.’’ 

We received one comment 

recommending that the date, January 31, 

1997, referenced in 46 CFR 11.1005 be 

removed. We agree with this comment 

and have made the suggested change. 

We received one comment expressing 

concern that 46 CFR 12.02–7 may be in 

error and that there may be additional 

vessels greater than 200 GRT/1000 Hp to 

which STCW applies. 

We disagree. This language was 

carried over exactly from the existing 

requirements located at 46 CFR 12.02– 

7. 

We received two comments seeking 

clarification for why the dates were left 

in 12.05–3(b) and 12.15–3, and not in 

12.05–3(c) and 12.15–3(e). 

These dates were retained because 

removing them would have amounted to 

a substantive change to the regulations, 

which is outside the scope of this 

rulemaking. This revision will be 

considered, in a separate rulemaking 

titled ‘‘Implementation of the 1995 

Amendments to the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978.’’ 

V. Training 

We received one comment stating 

there is an inconsistency in 46 CFR 

11.304 between the requirements for 

Officer in Charge of Navigational Watch 

(OICNW) and Officer in Charge of 

Engineering Watch (OICEW) regarding 

onboard training. 

While we agree there is an 

inconsistency, it is not accidental. These 

requirements are inconsistent because 

the requirements for OICNW and 

OICEW within the STCW are different. 

W. Integration With TWIC 

We received one comment asking why 

a TWIC was required in both 11.304(g) 

and (h). 

While drafting the SNPRM, the TWIC 

requirement was added because it was 

11206 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

thought that an identity document 

would be necessary to determine the 

identity of each individual involved in 

the training process. However, upon 

reflection, there is no need to require 

the number of the TWIC be included for 

the identity of the individual, especially 

since not everyone involved in the 

training will hold a TWIC. We have, 

therefore, removed it from this final 

rule. 

We received four comments 

expressing concern that the delay in the 

issuance of the TWIC could and should 

delay the issuance of the MMC. 

We disagree. While there may be a 

delay in fully implementing all of the 

provisions within the MMC rule, such 

as the sharing of information between 

TSA and Coast Guard, once the 

credential is ready to be issued by the 

Coast Guard, it would be appropriate to 

move forward with the rule. As such, 

we have included language in this final 

rule that was not included in the 

SNPRM, that will allow the Coast Guard 

to issue MMCs, continue performing full 

background checks (for both safety and 

security), and require the appearance of 

the mariner in person for application of 

new and renewal MMCs, even before 

the regulatory requirement for mariners 

to obtain a TWIC is passed. 

We received one comment stating that 

an automatic revocation of the MMC is 

inappropriate when the TWIC is 

invalidated and proposed a temporary 

suspension. 

We agree. There will not be an 

automatic revocation of an MMC when 

the TWIC is denied or has been revoked. 

Any action against the MMC will be 

taken through the existing Suspensions 

and Revocations (S&R) procedure. 

However, because a mariner who lacks 

a valid TWIC will not be permitted 

unescorted access to secure areas, this 

will likely preclude performance of 

normal job functions on a vessel 

regulated by 33 CFR part 104. 

We received one comment stating that 

the TWIC should not be a requirement 

for the issue or reissue of an MMC. 

We disagree. Statute requires all 

mariners who are credentialed by the 

Coast Guard to hold a transportation 

security card (46 U.S.C. 70105). Further, 

the statute specifically includes all 

mariners engaged on towing vessels, 

which would include the unlicensed 

deckhands on inland towing vessels. 

We received one comment requesting 

that we wait a full 5 years before 

suspending or revoking a mariner’s 

credential for failing to hold a TWIC. 

We disagree. The TWIC final rule 

requires a mariner holding a credential 

issued by the Coast Guard to apply for 

and activate a TWIC prior to April 15, 

2009. After this date, a mariner failing 

to hold a TWIC would be in violation 

of this requirement, and the Coast Guard 

may begin suspension and revocation 

(S&R) proceedings. 

We received one comment asking us 

to ensure that S&R proceedings against 

an MMC would not begin until the 

appeals regarding the TWIC have been 

exhausted. 

We disagree. Under normal 

circumstances, S&R proceedings will 

not begin until all appeals regarding the 

TWIC have been completed. However, if 

the Coast Guard is provided with 

information considered sufficient to 

justify a temporary suspension of the 

MMC, then that action will be started 

immediately. 

We received one comment asking if 

mariners will be able to serve during 

times of national need without a TWIC. 

At this time, 46 U.S.C. 70105 does not 

provide flexibility to allow a mariner to 

serve without a TWIC. 

We received one comment stating that 

10.235(h) contradicted the preamble 

language for appeals. 

While we note that the language in 

the rule is not the same as the language 

in the preamble, the preamble also 

states that, if the situation warrants, we 

would pursue temporary suspension 

under 46 U.S.C. 7702, which also is not 

specifically detailed in the regulations. 

See discussion under ‘‘4. Appeals’’ at 72 

FR 3609. 

We received one comment 

recommending that § 15.401 be 

amended to include the abbreviation for 

TWIC following the phrase. We have 

made the suggested edit. 

We received one comment 

recommending that language be added 

to § 15.720(a) clearly stating that foreign 

persons would be subject to the 

escorting requirements in the TWIC 

regulations. 

While we agree that these foreign 

individuals are only allowed to be used 

in foreign waters when U.S. citizens are 

unavailable to fill those positions, we 

have not made the suggested change. 

The appropriate revision would be to 

add a requirement that the crew be 

replaced with U.S. citizens with the 

appropriate credentials before returning 

to a United States port. Such a change, 

however, would go beyond what was 

included in either the NPRM or the 

SNPRM. We will keep this suggestion in 

mind for future rulemaking projects in 

this area. 

We received one comment stating 

opposition to TSA being involved in the 

credentialing of mariners; this 

opposition included their involvement 

in the background checks. 

This comment is beyond the scope of 

this rulemaking, as the function to 

administer 46 U.S.C. 70105 (the TWIC 

requirement) was delegated to TSA, not 

the Coast Guard. 

We received one comment expressing 

opposition to the Coast Guard in not 

reviewing TSA’s decisions regarding the 

TWIC. 

We disagree. It is not appropriate for 

the Coast Guard to review or duplicate 

TSA’s performance in conducting the 

security vetting, as well as the possible 

appeals associated with any TWIC 

denial. TSA has provided opportunity 

in its regulations for independent 

review, by an Administrative Law 

Judge, of any adverse decisions in 

regard to the TWIC. 

X. Questions Outside the Scope of This 

Rulemaking 

We received a number of comments 

that the Coast Guard determined to be 

outside the scope of this rulemaking. 

These comments were forwarded to the 

appropriate organizations for 

consideration in future regulatory 

actions. 

VI. Regulatory Evaluation 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

A. Executive Order 12866 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. A final Regulatory Evaluation 

follows: 

This rule makes substantive changes 

to the requirements in 46 CFR parts 10, 

12, 13, 14, and 15 for the form on which 

the mariner’s qualifications appear and 

the credential that will serve as the 

mariner’s primary identification 

credential, and makes many nonsubstantive nomenclature changes 

throughout Titles 33 and 46 of the Code 

of Federal Regulations. Title 46 lays out 

the standards for merchant mariners, 

including eligibility and training 

requirements to obtain credentials 

needed to serve in one of the many roles 

in the merchant marine; wherever 

possible, this rulemaking will not 

change these qualification requirements. 

This rulemaking will combine the 

elements of the Merchant Mariner’s 

License, Merchant Mariner’s Document 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11207 

(MMD), Standards of Training, 

Certification and Watchkeeping (STCW) 

Endorsement, and Certificate of Registry 

(COR) into one document, called the 

Merchant Mariner Credential (MMC). 

Although it technically serves as a 

certificate of identification, practically, 

the MMC would serve as the mariner’s 

qualification document. 

This rulemaking project was 

developed in conjunction with a joint 

rulemaking project, published by the 

Coast Guard and the Transportation 

Security Administration, titled 

‘‘Transportation Worker Identification 

Credential (TWIC) Implementation in 

the Maritime Sector; Hazardous 

Materials Endorsement for a 

Commercial Driver’s License’’ (the 

‘‘TWIC rule’’; RIN: 1652–AA41). The 

final rule for that joint project was 

published on January 25, 2007, in the 

same issue of the Federal Register as the 

SNPRM for this project. 

The TWIC rule implemented the 

requirements of 46 U.S.C. 70105 and 

requires all merchant mariners holding 

an active License, MMD, COR, or STCW 

Endorsement to hold a TWIC. The TWIC 

is a biometric identification card, and 

will serve as the mariner’s primary 

identity document while in U.S. waters. 

With this final rule, the MMD, License, 

COR, and STCW Endorsement will be 

consolidated into the MMC, which will 

serve as the mariner’s qualification 

document, as well as an identity 

document (though the latter primarily 

when the mariner is serving outside of 

U.S. waters). All current qualification 

and suitability requirements associated 

with Licenses, MMDs, STCW 

Endorsements, and CORs remain the 

same, with only minor exceptions. 

Prior to the effective date of this final 

rule, all four credentials (MMD, License, 

COR, and STCW Endorsement) were 

issued at one of 17 Coast Guard 

Regional Examination Centers (RECs). 

For first time applicants, the process of 

obtaining an MMD, License, COR, or 

STCW Endorsement required at least 

two visits to an REC. During the first 

visit, an applicant had to be 

fingerprinted by, and establish his or 

her identity and legal presence in the 

U.S. to, an REC employee. 

After the successful completion of a 

safety and security review, verification 

of an applicant’s identity, and 

verification that the applicant had 

satisfied all other requirements for the 

particular credential sought, an REC 

issued the credential to the applicant. 

For first time applicants, this required a 

return trip to the REC to retrieve their 

credential and take an oath to faithfully 

perform all duties required of them by 

law. Individuals renewing credentials 

did not need to restate the oath and 

could receive their renewed credentials 

by mail. However, all applicants, those 

seeking new credentials as well as those 

seeking to renew their credentials, had 

to travel to an REC once in the 

application process to be fingerprinted 

by, and show proof of identification to, 

an REC employee. 

The requirements to receive a TWIC 

are similar to the requirements to 

receive an MMD, License, COR, or 

STCW Endorsement. In order for an 

applicant to receive a TWIC, the 

applicant is required to travel to a 

designated TWIC enrollment center to 

submit fingerprints, proof of identity, 

and legal presence in the U.S. A 

background check is conducted to 

determine that the applicant is not a 

security risk. Once an applicant has 

been approved, the applicant must 

return to the TWIC enrollment center to 

pick up the TWIC and prove their 

identity by a one-to-one match of the 

applicant’s fingerprint against the 

electronic fingerprint template stored on 

the card. 

Soon, TSA will submit to the Coast 

Guard the applicant’s fingerprints, 

photograph, proof of citizenship, proof 

of legal presence in the U.S., and FBI 

number and any criminal record (if 

applicable) provided with the 

individual’s TWIC application. 

Since the applicant’s fingerprints, 

photograph and proof of citizenship, 

and identity will have been verified by 

TSA and submitted to the Coast Guard, 

this final rule removes the requirement 

for a merchant mariner to travel to an 

REC to submit this information to an 

REC employee. In addition to allowing 

the merchant mariner to mail in their 

application, this rule will also allow 

new applicants to mail in their 

notarized oath, which would be a 

nominal cost to the applicant. This will 

remove the requirement for a second 

trip to the REC to pick up their card and 

take the oath. This rulemaking creates 

the possibility for a mariner to receive 

his or her MMC entirely through the 

mail. 

Written examinations will still occur 

at RECs, and the RECs will remain 

accessible to mariners should they 

choose to seek their services in person. 

This rulemaking will also remove the 

$45 issuance fee for continuity licenses 

and MMDs. These documents are issued 

to applicants for renewal of licenses and 

MMDs that are endorsed with qualified 

ratings who are unwilling or otherwise 

unable to meet all the requirements to 

serve and allows the mariner to renew 

the license or MMD with the following 

restrictive endorsement placed on the 

license: ‘‘License renewed for continuity 

purposes only; service under the 

authority of this license is prohibited.’’ 

Merchant mariner’s documents are 

issued with the following restrictive 

endorsement: ‘‘Continuity only; service 

under document prohibited.’’ 

The following sections discuss the 

baseline population of applicants that 

will be affected by this rulemaking and 

provides an assessment of the impacts 

to merchant mariners by this 

rulemaking. 

Baseline Population 

The Coast Guard data for the number 

of affected merchant mariners came 

from the NMC, which provides 

credentialing, training, and certification 

services to all merchant mariners. There 

are approximately 205,000 credentialed 

merchant mariners. The NMC also 

estimates that the current population of 

mariners with a continuity document is 

approximately 4,500. In addition to the 

current population of merchant 

mariners, there are a number of new 

applicants every year. 

Assessment 

Under the current rule, applicants pay 

a $45 issuance fee for each credential 

that they apply for. Under this 

rulemaking the applicants will only 

apply for a single credential (the MMC) 

and as a result will only be required to 

pay one $45 issuance fee regardless of 

the number of endorsements that they 

carry. This change is not a reduction in 

any fee that a mariner must pay, but a 

reduction in the number of fees that the 

mariner must pay. Any mariner that 

would, under the current rules, solicit 

multiple mariner qualifying documents 

(such as both an MMD and a License), 

will benefit from this change in the fee 

structure. 

If the merchant mariner has not 

synchronized the expiration dates of his 

or her current credentials, then they 

may currently be traveling to an REC 

multiple times within a five-year span. 

The issuance of the MMC will require 

mariners to track and update only one 

document and will potentially eliminate 

the need to travel to an REC entirely. 

This will provide greater flexibility to 

the mariner. Currently, approximately 

13,843 mariners have more than one 

credential and have not aligned their 

expiration dates. These mariners will 

not only receive a benefit from reduced 

application fees, but also from fewer, if 

any, trips to a REC. 

In order to reduce the burden of 

traveling and having to apply for a new 

MMC before the mariner’s current 

MMD, License, COR, or STCW 

Endorsement expires, this rulemaking 

will allow mariners to apply for an 

11208 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

MMC at the time that their current 

credentials expire, which will 

essentially phase in the MMC over a 

five-year period. Since all currently 

issued credentials are valid for five-year 

periods, all mariners will have to renew 

their credentials by the close of the fiveyear grace period. When a mariner 

applies to renew his or her MMD, 

License, COR, or STCW Endorsement, 

they will instead be issued an MMC, 

which will reflect all of their 

qualifications in the form of 

endorsements on the MMC. This will 

allow mariners to apply over a longer 

period of time and will not create an 

additional burden by requiring mariners 

to make an extra trip to the RECs. 

Mariners whose credentials do not 

expire simultaneously may choose to 

wait to renew the credentials that have 

yet to expire, but if the applicant later 

chooses to renew that credential, the 

expiration date of the MMC on which 

the endorsement would be added will 

not change unless the mariner also 

renews all other endorsements on the 

MMC. 

Currently, mariners may only renew 

their credentials within 12 months of 

their expiration date. This rulemaking 

will allow mariners to apply for renewal 

anytime before their current credentials 

expire and up to one year after the 

expiration date. As a result, this 

rulemaking will provide greater 

flexibility to mariners by allowing them 

to apply for an MMC at the time they 

choose. 

In a separate Coast Guard rulemaking 

document, published on January 13, 

2006 (71 FR 2154), it was estimated that 

approximately 60 percent of current 

mariners live within one-day roundtrip 

travel to an REC, 30 percent live within 

overnight roundtrip travel (one night 

and two days) to an REC, and 10 percent 

live at a distance greater than overnight 

roundtrip travel (greater than one night 

and two days) to an REC. This was 

derived from national percentages for all 

mariners who have addresses on file 

with the NMC. In the TWIC rule, TSA 

and the Coast Guard estimated that 

there would be many more TWIC 

enrollment centers than Coast Guard 

RECs (we now know that number will 

be 149 vice 17 RECs). By allowing 

mariners to visit TWIC enrollment 

centers instead of RECs, this rule will 

provide a potential benefit for many 

mariners by reducing the travel costs 

and time currently required to receive a 

credential. 

In the separate rulemaking document 

(referenced above), the cost for mariners 

to travel to and from one of 17 RECs was 

estimated. The travel cost to mariners 

for a one-day roundtrip travel to and 

from an REC was given as $387. The 

estimated cost to mariners for overnight 

roundtrip travel was $911. Applicants 

who live distances greater than 200 

miles and must travel for more than one 

night were determined to incur the 

maximum estimated cost of $1,185. 

The TWIC has the effect of 

transferring the cost of travel from an 

REC to the cost of travel to a TWIC 

enrollment center, but that cost is 

associated with the TWIC rule, not with 

this rule. The overall cost for mariners 

associated with this rulemaking will 

decrease or remain the same and will 

serve to provide more flexibility to 

mariners. As there will be more TWIC 

enrollment centers than RECs, the 

distance required and the amount of 

time spent traveling will be reduced for 

most mariners. Based on the percentages 

above, 60 percent of the mariners that 

live within one-day roundtrip travel 

will potentially receive the economic 

benefits of having a TWIC enrollment 

center located closer to them than one 

of the current RECs. The remaining 30 

percent of mariners that live within an 

overnight round-trip travel and the 10 

percent of mariners that live a distance 

greater than an overnight roundtrip 

travel have an increased likelihood of 

having a TWIC enrollment center 

located closer to them than one of the 

current RECs and will potentially 

receive an even greater benefit in travel 

cost savings from this rule. 

In addition to these benefits, the 

removal of the issuance fee for 

continuity documents will provide 

mariners who choose to apply for a 

continuity document a savings of $45. 

B. Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

We do not expect this rule to have a 

significant impact on a large number of 

small entities. This rulemaking 

consolidates the number of credentials 

merchant mariners must carry and 

streamlines the application process in a 

way that would help prevent abuse, 

reduce cost, and assist the Coast Guard 

in its effort to help secure U.S. marine 

infrastructure, commercial activities, 

and the free flow of trade. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of U.S. small 

entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking. If this 

rule will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the 

individuals listed above in the section 

titled FOR FURTHER INFORMATION

CONTACT. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

D. Collection of Information 

This rule calls for a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). This rulemaking will require the 

modification of one or more 

credentialing program collections of 

information currently approved by the 

Office of Management and Budget 

(OMB) under OMB Control Numbers 

1625–0040, 1625–0012, 1625–0078, and 

1625–0079. However, the changes from 

this rule which require modification of 

these collections of information will not 

go into effect until after April 15, 2009, 

when TSA begins sharing TWIC 

enrollment information with the Coast 

Guard. A number of policy decisions 

must be made before the changes to 

those collections can be finalized, such 

as how the information will be 

transferred from TSA to the Coast 

Guard, methods of submission for 

mariners, and the format of a new 

application form once Coast Guard is 

receiving information from TSA. 

Because these regulatory changes will 

not go into effect immediately, approval 

for revisions to these OMB Control 

Numbers will not be submitted to OMB 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11209 

until these policy decisions have been 

made. 

The changes made by this rule that go 

into effect in 30 days are burden neutral, 

and as such do not require immediate 

revision to the collections of 

information listed above. 

You are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on state or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. 

We have analyzed this rule under that 

Order and have determined that it does 

not have implications for federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

state, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

G. Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, the Coast Guard 

did not consider the use of voluntary 

consensus standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.1D, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2 Figure 2– 

1, paragraph (34)(c) of the Instruction. 

This rule involves the training, 

qualifying, licensing, and disciplining of 

maritime personnel and involves 

matters of procedure only; it 

consolidates the credentials issued to 

merchant mariners and revises the 

application process for issuing those 

credentials. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects 

33 CFR Part 1 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Penalties. 

33 CFR Part 20 

Administrative practice and 

procedure, Hazardous substances, Oil 

pollution, Penalties, Water pollution 

control. 

33 CFR Part 70 

Navigation (water) and Penalties. 

33 CFR Part 95 

Alcohol abuse, Drug abuse, Marine 

safety, and Penalties. 

33 CFR Part 101 

Harbors, Maritime security, Reporting 

and recordkeeping requirements, 

Security measures, Vessels, Waterways. 

33 CFR Part 110 

Anchorage grounds. 

33 CFR Part 141 

Citizenship and naturalization, 

Continental shelf, Employment, 

Reporting and recordkeeping 

requirements. 

33 CFR Part 155 

Alaska, Hazardous substances, Oil 

pollution, Reporting and recordkeeping 

requirements. 

33 CFR Part 156 

Hazardous substances, Oil pollution, 

Reporting and recordkeeping 

requirements, Water pollution control. 

33 CFR Part 160 

Administrative practice and 

procedure, Harbors, Hazardous 

materials transportation, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements, Vessels, 

Waterways. 

33 CFR Part 162 

Navigation (water) and Waterways. 

33 CFR Part 163 

Cargo vessels, Harbors, Navigation 

(water), Waterways. 

33 CFR Part 164 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

11210 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

46 CFR Part 1 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Reporting and 

recordkeeping requirements. 

46 CFR Part 4 

Administrative practice and 

procedure, Drug testing, Investigations, 

Marine safety, Nuclear vessels, 

Radiation protection, Reporting and 

recordkeeping requirements, Safety, 

Transportation. 

46 CFR Part 5 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Investigations, Seamen. 

46 CFR Part 10 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Seamen, Transportation 

Worker Identification Card. 

46 CFR Part 11 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Schools, Seamen. 

46 CFR Part 12 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 13 

Cargo vessels, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 14 

Oceanographic research vessels, 

Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 15 

Reporting and recordkeeping 

requirements, Seamen, Vessels. 

46 CFR Part 16 

Drug testing, Marine safety, Reporting 

and recordkeeping requirements, Safety, 

Transportation. 

46 CFR Part 26 

Marine safety, Penalties, Reporting 

and recordkeeping requirements. 

46 CFR Part 28 

Alaska, Fire prevention, Fishing 

vessels, Marine safety, Occupational 

safety and health, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 30 

Cargo vessels, Foreign relations, 

Hazardous materials transportation, 

Penalties, Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 31 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 35 

Cargo vessels, Marine safety, 

Navigation (water), Occupational safety 

and health, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 42 

Penalties, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 58 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 61 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 78 

Marine safety, Navigation (water), 

Passenger vessels, Penalties, Reporting 

and recordkeeping requirements. 

46 CFR Part 97 

Cargo vessels, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements. 

46 CFR Part 98 

Cargo vessels, Hazardous materials 

transportation, Marine safety, Reporting 

and recordkeeping requirements, Water 

pollution control. 

46 CFR Part 105 

Cargo vessels, Fishing vessels, 

Hazardous materials transportation, 

Marine safety, Petroleum, Seamen. 

46 CFR Part 114 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 115 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 122 

Marine safety, Passenger vessels, 

Penalties, Reporting and recordkeeping 

requirements. 

46 CFR Part 125 

Administrative practice and 

procedure, Cargo vessels, Hazardous 

materials transportation, Marine safety, 

Seamen. 

46 CFR Part 131 

Cargo vessels, Fire prevention, Marine 

safety, Navigation (water), Occupational 

safety and health, Reporting and 

recordkeeping requirements. 

46 CFR Part 151 

Cargo vessels, Hazardous materials 

transportation, Marine safety, Reporting 

and recordkeeping requirements, Water 

pollution control. 

46 CFR Part 166 

Schools, Seamen, Vessels. 

46 CFR Part 169 

Fire prevention, Marine safety, 

Reporting and recordkeeping 

requirements, Schools, Vessels. 

46 CFR Part 175 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 176 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 185 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 196 

Marine safety, Oceanographic 

research vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 199 

Cargo vessels, Marine safety, Oil and 

gas exploration, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 401 

Administrative practice and 

procedure, Great Lakes, Navigation 

(water), Penalties, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 402 

Great Lakes, Navigation (water), 

Seamen. 

■ For the reasons listed in the preamble, 

the Coast Guard amends 33 CFR parts 1, 

20, 70, 95, 101, 110, 141, 155, 156, 160, 

162, 163, 164, and 165; 46 CFR parts 1, 

4, 5, 10, 12, 13, 14, 15, 16, 26, 28, 30, 

31, 35, 42, 58, 61, 78, 97, 98, 105, 114, 

115, 122, 125, 131, 151, 166, 169, 175, 

176, 185, 196, 199, 401 and 402; and in 

46 CFR, add a new part 11 as follows: 

33 CFR CHAPTER I 

PART 1—GENERAL PROVISIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11211 

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

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

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

section 1.01–70 also issued under the 

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

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

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

CFR, 1991 Comp., p. 351. 

§ 1.08–5 [Amended] 

■ 2. In § 1.08–5(b)(1), after the word 

‘‘licensed’’, add the words ‘‘or 

credentialed’’. 

§ 1.25–1 [Amended] 

■ 3. In § 1.25–1(a), remove the words 

‘‘documents, certificates, or licenses’’ 

and add, in their place, the words 

‘‘merchant mariner credentials, 

merchant mariner documents, licenses 

or certificates’’. 

PART 20—RULES OF PRACTICE, 

PROCEDURE, AND EVIDENCE FOR 

FORMAL ADMINISTRATIVE 

PROCEEDINGS OF THE COAST 

GUARD 

■ 4. The authority citation for part 20 

continues to read as follows: 

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 

46 U.S.C. 7701, 7702; 49 CFR 1.46. 

■ 5. In § 20.102— 

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

after the word ‘‘merchant’’, add the 

words ‘‘mariner credential,’’; 

■ b. In the definition for ‘‘Suspension 

and revocation proceeding or S&R 

proceeding’’, after the words ‘‘merchant 

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

and 

■ c. Add definitions for the terms 

‘‘credential’’ and ‘‘Merchant mariner 

credential or MMC’’, in alphabetical 

order, to read as follows: 

§ 20.102 Definitions. 

* * * * * 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

* * * * * 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

* * * * * 

§ 20.904 [Amended] 

■ 6. In § 20.904— 

■ a. In paragraph (e)(1) introductory 

text, after the words ‘‘certificate of 

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

after the word ‘‘document’’, add the 

words ‘‘, credential, or endorsement’’; 

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

word ‘‘certificate’’ remove the word 

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

add the words ‘‘, credential, or 

endorsement’’; 

■ c. In paragraph (f) introductory text, 

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

the words ‘‘credential, endorsement,’’; 

and 

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

‘‘issuance of a new’’ remove the words 

‘‘license, certificate, or document’’ and 

add, in their place, the words ‘‘merchant 

mariner credential with appropriate 

endorsement’’. 

§ 20.1201 [Amended] 

■ 7. In § 20.1201— 

■ a. In paragraph (a), remove the words 

‘‘merchant mariner’s license, certificate 

of registry, or document’’ and add, in 

their place, the words ‘‘mariner’s 

credential’’; 

■ b. In paragraph (b) introductory text, 

before the words ‘‘license, certificate, or 

document’’, add the words ‘‘merchant 

mariner credential,’’; and 

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

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

‘‘merchant mariner credential,’’. 

§ 20.1202 [Amended] 

■ 8. In § 20.1202(a), before the words 

‘‘license, certificate of registry, or 

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

§ 20.1205 [Amended] 

■ 9. In § 20.1205— 

■ a. In the section heading, before the 

words ‘‘license, certificate of registry, or 

document’’, add the words ‘‘merchant 

mariner credential,’’; 

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

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

‘‘merchant mariner credential,’’; and 

■ c. In paragraph (b), after the words 

‘‘return of the suspended’’, add the 

word ‘‘credential,’’. 

§ 20.1307 [Amended] 

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

words ‘‘merchant mariner’s license’’, 

add the words ‘‘, merchant mariner 

credential,’’. 

PART 70—INTERFERENCE WITH OR 

DAMAGE TO AIDS TO NAVIGATION 

■ 11. The authority citation for part 70 

continues to read as follows: 

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

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

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

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

§ 70.05–10 Revocation of merchant 

mariner credential officer endorsement or 

license. 

■ 12. In § 70.05–10— 

■ a. Revise the section heading as set 

forth above; and 

■ b. In the text, after the words ‘‘shall 

also have his’’, add the words 

‘‘merchant mariner credential officer 

endorsement or’’. 

PART 95—OPERATING A VESSEL 

WHILE UNDER THE INFLUENCE OF 

ALCOHOL OR A DANGEROUS DRUG 

■ 13. Revise the authority citation for 

part 95 to read as follows: 

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

Department of Homeland Security Delegation 

No. 0170.1. 

§ 95.015 [Amended] 

■ 14. In § 95.015(b), remove the words 

‘‘a licensed individual’’ and add, in 

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

§ 95.045 [Amended] 

■ 15. In § 95.045 introductory text, 

remove the words ‘‘a licensed 

individual’’ and add, in their place, the 

words ‘‘an officer’’. 

PART 101—MARITIME SECURITY: 

GENERAL 

■ 16. The authority citation for part 101 

continues to read as follows: 

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

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

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

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 17. In § 101.105— 

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

‘‘Operator, Uninspected Towing 

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

wherever it appears, add the words 

‘‘merchant mariner credential or’’; and 

■ b. Add a definition for the term 

‘‘Merchant mariner credential or MMC’’ 

to read as follows: 

§ 101.105 Definitions. 

* * * * * 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

* * * * * 

11212 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

PART 110—ANCHORAGE 

REGULATIONS 

■ 18. Revise the authority citation for 

part 110 to read as follows: 

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

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

Department of Homeland Security Delegation 

No. 0170.1. 

§ 110.186 [Amended] 

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

‘‘licensed’’, add the words ‘‘or 

credentialed’’. 

§ 110.188 [Amended] 

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

‘‘licensed’’, add the words ‘‘or 

credentialed’’. 

§ 110.214 [Amended] 

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

‘‘licensed’’ add the words ‘‘or 

credentialed’’. 

PART 141—PERSONNEL 

■ 22. Revise the authority citation for 

part 141 to read as follows: 

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

70105; 49 CFR 1.46(z). 

§ 141.5 [Amended] 

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

‘‘licensed officers, and unlicensed 

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

‘‘crew, and officers holding a valid 

license or MMC with officer 

endorsement’’. 

■ 24. In § 141.10, add a definition for 

the term ‘‘Transportation Worker 

Identification Credential or TWIC’’, in 

alphabetical order, to read as follows: 

§ 141.10 Definitions. 

* * * * * 

Transportation Worker Identification 

Credential or TWIC means an 

identification credential issued by the 

Transportation Security Administration 

according to 49 CFR part 1572. 

§ 141.25 [Amended] 

■ 25. In § 141.25— 

■ a. In paragraph (a) introductory text, 

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

place, the words ‘‘For the purposes of 

this part, the’’; and 

■ b. In paragraph (a)(1), before the 

words ‘‘merchant mariner’s document’’, 

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

words ‘‘under 46 CFR Part 12’’. 

■ 26. In § 141.30— 

■ a. In the introductory text, remove the 

first appearance of the word ‘‘The’’ and 

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

purposes of this part, the’’; 

■ b. In paragraph (a), before the words 

‘‘merchant mariner’s document’’, add 

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

‘‘under 46 CFR Part 12’’; and 

■ c. In paragraph (b), remove the words 

‘‘Immigration and Naturalization 

Service’’ and add, in their place, the 

words ‘‘Immigration and Customs 

Enforcement Agency’’; and 

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

follows: 

§ 141.30 Evidence of status as a resident 

alien. 

* * * * * 

(d) A valid Transportation Worker 

Identification Credential. 

§ 141.35 [Amended] 

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

‘‘merchant mariner’s document’’, add 

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 

Public Law 101–380. 

■ 29. Revise § 155.110 to read as 

follows: 

§ 155.110 Definitions. 

Except as specifically stated in a 

section, the definitions in part 151 of 

this chapter, except for the word ‘‘oil’’, 

and in part 154 of this chapter, apply to 

this part. The following definition also 

applies to this part: 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

■ 30. In § 155.710— 

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

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

endorsement’’; 

■ b. Revise paragraph (e)(1) to read as 

set out below; 

■ c. In paragraph (f), after the word 

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

mariner credential’’; and after the words 

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

officer endorsement,’’; and 

■ d. In paragraph (g), after the words 

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

words ‘‘merchant mariner credentials,’’. 

§ 155.710 Qualifications of person in 

charge. 

* * * * * 

(e) * * * 

(1) On each inspected vessel required 

by 46 CFR chapter I to have an officer 

aboard, holds a valid license or 

merchant mariner credential issued 

under 46 CFR chapter I, subchapter B, 

authorizing service as a master, mate, 

pilot, engineer, or operator aboard that 

vessel, or holds a valid merchant 

mariner’s document or merchant 

Mariner credential endorsed as 

Tankerman-PIC; 

* * * * * 

§ 155.815 [Amended] 

■ 31. In § 155.815(b), after the word 

‘‘licensed’’ add the words ‘‘or 

credentialed’’. 

PART 156—OIL AND HAZARDOUS 

MATERIAL TRANSFER OPERATIONS 

■ 32. The authority citation for part 156 

continues to read as follows: 

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

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

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

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

§ 156.210 [Amended] 

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

‘‘a licensed individual’’ and add, in 

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

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

■ 34. The authority citation for part 160 

continues to read as follows: 

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

Chapter 701; Department of Homeland 

Security Delegation No. 0170.1. Subpart C is 

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

1225 and 46 U.S.C. 3715. 

§ 160.113 [Amended] 

■ 35. In § 160.113(b)(4), remove the 

word ‘‘licensed’’. 

PART 162—INLAND WATERWAYS 

NAVIGATION REGULATIONS 

■ 36. Revise the authority citation for 

part 162 to read as follows: 

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

Homeland Security Delegation No. 0170.1. 

■ 37. Add a new § 162.5 to read as 

follows: 

§ 162.5 Definitions. 

The following definition applies to 

this part: 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11213 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

■ 38. In § 162.130(c), revise the 

definition for ‘‘Master’’ to read as 

follows; 

§ 162.130 Connecting waters from Lake 

Huron to Lake Erie; general rules. 

* * * * * 

(c) * * * 

Master means the master or operator, 

the person designated by the master or 

operator to navigate the vessel, or, on a 

vessel not requiring persons holding 

licenses or merchant mariner credential 

officer endorsements, the person in 

command of the vessel. 

* * * * * 

PART 163—TOWING OF BARGES 

■ 39. The authority citation for part 163 

continues to read as follows: 

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

l.46(n). 

§ 163.01 [Amended] 

■ 40. In § 163.01(b), after the word 

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

mariner credential’’. 

■ 41. Add a new § 163.03 to read as 

follows: 

§ 163.03 Definitions. 

The following definition applies to 

this part: 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

PART 164—NAVIGATION SAFETY 

REGULATIONS 

■ 42. The authority citation for part 164 

continues to read as follows: 

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

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

Homeland Security Delegation No. 0170.1 

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

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

6101. 

■ 43. In § 164.13— 

■ a. In paragraph (b), remove the words 

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

place, the words ‘‘an engineer with an 

appropriately endorsed license or 

merchant mariner credential’’; and 

■ b. Revise paragraph (c) to read as 

follows: 

§ 164.13 Navigation underway: tankers. 

* * * * * 

(c) Each tanker must navigate with at 

least two deck officers with an 

appropriately endorsed license or 

merchant mariner credential on watch 

on the bridge, one of whom may be a 

pilot. In waters where a pilot is 

required, the second officer, must be an 

individual holding an appropriately 

endorsed license or merchant mariner 

credential and assigned to the vessel as 

master, mate, or officer in charge of a 

navigational watch, who is separate and 

distinct from the pilot. 

* * * * * 

■ 44. In § 164.70, add a new definition 

for the term ‘‘Merchant mariner 

credential or MMC’’, in alphabetical 

order, to read as follows: 

§ 164.70 Definitions. 

* * * * * 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

* * * * * 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 45. The authority citation for part 165 

continues to read as follows: 

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

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

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

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 46. Add a new § 165.3 to read as 

follows: 

§ 165.3 Definitions. 

The following definitions apply to 

this part: 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 165.120 [Amended] 

■ 47. In § 165.120(b)(1), remove the 

words ‘‘ the Licensed Federal Pilot’’ and 

add, in their place, the words ‘‘an 

individual holding a valid merchant 

mariner’s license or merchant mariner 

credential endorsed as pilot’’. 

§ 165.153 [Amended] 

■ 48. In § 165.153(d)(6) and (d)(7), 

remove the word ‘‘licensed’’ wherever it 

appears. 

§ 165.810 [Amended] 

■ 49. In § 165.810(f)(1), remove the 

words ‘‘licensed engineer’’ and add, in 

their place, the words ‘‘appropriately 

licensed or credentialed engineer 

officer’’. 

§ 165.1310 [Amended] 

■ 50. In § 165.1310(f)(2), remove the 

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

the words ‘‘holding a license or 

merchant mariner credential issued’’. 

46 CFR CHAPTER I 

PART 1—ORGANIZATION, GENERAL 

COURSE AND METHODS GOVERNING 

MARINE SAFETY FUNCTIONS 

■ 51. The authority citation for part 1 

continues to read as follows: 

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

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

107–296, 116 Stat. 2135; Department of 

Homeland Security Delegation No. 0170.1; 

§ 1.01–35 also issued under the authority of 

44 U.S.C. 3507. 

■ 52. In § 1.01–05, add new paragraphs 

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

§ 1.01–05 Definitions. 

* * * * * 

(d) The term Credential means any or 

all of the following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

(e) The term Merchant mariner 

credential or MMC means the credential 

issued by the Coast Guard under 46 CFR 

part 10. It combines the individual 

merchant mariner’s document, license, 

and certificate of registry enumerated in 

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

STCW endorsement into a single 

11214 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 1.01–10 [Amended] 

■ 53. In § 1.01–10, in paragraph 

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

documents or certificates’’ and add, in 

their place, the word ‘‘credentials.’’ 

■ 54. In § 1.01–15— 

■ a. In paragraph (a)(1), remove the 

words ‘‘licenses, certificates, and 

documents’’ and add, in their place, the 

word ‘‘credentials’’, and remove the 

words ‘‘licensing, certificating’’ and 

add, in their place, the word 

‘‘credentialing’’; and 

■ b. Revise paragraph (b) to read as 

follows: 

§ 1.01–15 Organization; Districts; National 

Maritime Center. 

* * * * * 

(b) The Officers in Charge, Marine 

Inspection, in the Coast Guard districts, 

under the supervision of the District 

Commanders, and the Officer in Charge, 

Activities Europe, under the supervision 

of the Atlantic Area Commander are in 

charge of the marine inspection offices 

in the various ports and have command 

responsibilities with assigned marine 

safety zones for the performance of 

duties with respect to the inspection, 

enforcement and administration of 

navigation and vessel inspection laws, 

and rules and regulations governing 

marine safety. The Officer in Charge, 

Marine Inspection, has been designated 

and delegated to give immediate 

direction to Coast Guard activities 

relating to marine safety functions 

consisting of inspection of vessels in 

order to determine that they comply 

with the applicable laws, rules, and 

regulations relating to construction, 

equipment, manning and operation, and 

to be satisfied that such vessels are in 

seaworthy condition for the services in 

which such vessels are to be operated; 

shipyard inspections; factory 

inspections of materials and equipment 

for vessels; credentialing shipment and 

discharge of seaman; investigations of 

marine casualties and accidents; 

investigations of violations of law; 

negligence, misconduct, unskillfullness, 

incompetence or misbehavior of persons 

holding credentials issued by the Coast 

Guard; initiations of actions seeking 

suspension or revocation under 46 

U.S.C. chapter 77 of credentials held by 

persons, and presentation of cases at 

hearings before Administrative Law 

Judges; and the enforcement of 

navigation, vessel inspection and 

seaman laws in general. 

* * * * * 

§ 1.01–25 [Amended] 

■ 55. In § 1.01–25— 

■ a. In paragraph (b)(1), remove the 

words ‘‘licenses, certificates, or 

documents’’ and add, in their place, the 

word ‘‘credentials’’; and 

■ b. In paragraphs (c) introductory text 

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

words ‘‘license, certificate or document’’ 

wherever they appear and add, in their 

place, the word ‘‘credential’’. 

PART 4—MARINE CASUALTIES AND 

INVESTIGATIONS 

■ 56. The authority citation for part 4 

continues to read as follows: 

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

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

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

Security Delegation No. 170.1. Authority for 

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

Department of Homeland Security Delegation 

No. 0170.1. 

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

§ 4.03–75 Merchant mariner credential and 

credential. 

The following definitions apply to 

this part: 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 4.07–1 [Amended] 

■ 58. In § 4.07–1(c)(3), remove the 

words ‘‘any licensed or certificated 

person’’ and add, in their place, the 

words ‘‘any person holding a Coast 

Guard credential’’; and remove the 

words ‘‘license or certificate’’ and add, 

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

§ 4.07–10 [Amended] 

■ 59. In § 4.07–10(a)(3), remove the 

words ‘‘licenses or certificates’’ and add, 

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

PART 5—MARINE INVESTIGATION 

REGULATIONS—PERSONNEL ACTION 

■ 60. The authority citation for part 5 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 7101, 7301, 

7701; Department of Homeland Security 

Delegation No. 0170.1. 

§ 5.3 [Amended] 

■ 61. In § 5.3, remove the words 

‘‘licenses, certificates or documents’’ 

and add, in their place, the words 

‘‘credentials or endorsements’’. 

§ 5.5 [Amended] 

■ 62. In § 5.5, remove the word 

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

words ‘‘certificate, merchant mariner 

credential, endorsement,’’. 

§ 5.19 [Amended] 

■ 63. In § 5.19(b), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

■ 64. Add a new § 5.40 to read as 

follows: 

§ 5.40 Credential and merchant mariner 

credential. 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 5.55 [Amended] 

■ 65. In § 5.55(a) introductory text, 

remove the words ‘‘license, certificate or 

document’’ and add, in their place, the 

word ‘‘credential’’. 

■ 66. In § 5.57— 

■ a. Revise the section heading and 

paragraph (b) to read as set out below; 

■ b. In paragraph (a) introductory text, 

remove the words ‘‘license, certificate or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’; and 

■ c. In paragraph (c), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.57 Acting under authority of Coast 

Guard credential or endorsement. 

* * * * * 

(b) A person is considered to be acting 

under the authority of the credential or 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11215 

endorsement while engaged in official 

matters regarding the credential or 

endorsement. This includes, but is not 

limited to, such acts as applying for 

renewal, taking examinations for raises 

of grade, requesting duplicate or 

replacement credentials, or when 

appearing at a hearing under this part. 

* * * * * 

§ 5.59 [Amended] 

■ 67. In § 5.59— 

■ a. In the section heading, remove the 

words ‘‘licenses, certificates or 

documents’’ and add, in their place, the 

words ‘‘credentials or endorsements’’; 

and 

■ b. In the introductory text, remove the 

words ‘‘license, certificate or document’’ 

and add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.61 [Amended] 

■ 68. In § 5.61— 

■ a. In the section heading, remove the 

words ‘‘licenses, certificates or 

documents’’ and add, in their place, the 

word ‘‘credentials’’; and 

■ b. In paragraphs (a) introductory text 

and (b), remove the words ‘‘license, 

certificate or document’’ wherever they 

appear and add, in their place, the 

words ‘‘credential or endorsements’’. 

§ 5.101 [Amended] 

■ 69. In § 5.101(a) introductory text, 

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

‘‘license, certificate or document’’ 

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.105 [Amended] 

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

the words ‘‘license, certificate or 

document’’ and add, in their place, the 

words ‘‘credential or endorsement’’. 

Subpart E—[Amended] 

■ 71. In the heading to subpart E, 

remove the words ‘‘License, Certificate 

or Document’’ and add, in their place, 

the words ‘‘Coast Guard Credential or 

Endorsement’’. 

§ 5.201 [Amended] 

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

(b)(4), (c) introductory text, and (d), 

remove the words ‘‘license, certificate, 

or document’’ and add, in their place, 

the words ‘‘credential or endorsement’’. 

§ 5.203 [Amended] 

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

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

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.205 [Amended] 

■ 74. In § 5.205— 

■ a. In the section heading, remove the 

words ‘‘license, certificate of registry, or 

merchant mariners document’’ and add, 

in their place, the words ‘‘credential or 

endorsement’’; and 

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

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

remove the words ‘‘license, certificate or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.501 [Amended] 

■ 75. In § 5.501, remove the words 

‘‘license, certificate of registry, or 

document’’ and add, in their place, the 

words ‘‘credential or endorsement’’. 

§ 5.521 Verification of credential or 

endorsement. 

■ 76. In § 5.521— 

■ a. Revise the section heading as set 

forth above; 

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

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

certificates, and/or documents’’ and 

add, in their place, the word 

‘‘credentials’’; and, after the words 

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

license, certificate or document’’ and 

add, in their place, the word 

‘‘credential’’; and 

■ c. In paragraph (b), remove the words 

‘‘license, certificate, or document’’ and 

add, in their place, the word 

‘‘credential’’. 

§ 5.567 [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 word ‘‘credentials or 

endorsements’’; and remove the words 

‘‘license, certificate or document’’ 

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’. 

§ 5.707 [Amended] 

■ 78. In § 5.707— 

■ a. In the section heading, remove the 

words ‘‘license, certificate, or 

document’’ and add, in their place, the 

words ‘‘credential or endorsement’’; 

■ b. In paragraph (a), remove the words 

‘‘license, certificate or document’’ 

wherever they appear and add, in their 

place, the words ‘‘credential or 

endorsement’’; 

■ c. In paragraph (c), remove the words 

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

place, the words ‘‘credential or 

endorsement’’; 

■ d. In paragraph (d), after the words 

‘‘All temporary’’, remove the word 

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

words ‘‘credentials or endorsements’’; 

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

remove the word ‘‘document’’ and add, 

in its place, the words ‘‘credential or 

endorsement’’; 

■ e. In paragraph (e), remove the word 

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

words ‘‘credential or endorsement’’; and 

■ f. In paragraph (f), remove the word 

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

word ‘‘credential’’. 

§ 5.713 [Amended] 

■ 79. In § 5.713(a), remove the words 

‘‘licenses, certificates, or documents’’ 

and add, in their place, the words 

‘‘credentials or endorsements’’. 

§ 5.715 [Amended] 

■ 80. In § 5.715— 

■ a. In the section heading, remove the 

words ‘‘document and/or license’’ and 

add, in their place, the words 

‘‘credential and/or endorsement’’; 

■ b. In paragraph (a), remove the words 

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

place, the words ‘‘credential and/or 

endorsement’’; and 

■ c. In paragraph (c), remove the words 

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

their place, the words ‘‘credential and/ 

or endorsement’’, and after the words 

‘‘order. This’’, remove the word 

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

words ‘‘credential and/or endorsement’’. 

Subpart L—[Amended] 

■ 81. In the heading to subpart L, 

remove the words ‘‘Licenses, 

Certificates or Documents’’ and add, in 

their place, the words ‘‘Credential or 

Endorsement’’. 

§ 5.901 [Amended] 

■ 82. In § 5.901(a), (c), and (e), remove 

the words ‘‘license, certificate or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’; and in 

paragraph (d) introductory text, remove 

the words ‘‘license, certificate, or 

document’’ wherever they appear and 

add, in their place, the words 

‘‘credential or endorsement’’. 

§ 5.903 [Amended] 

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

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

certificate or document’’ wherever they 

appear and add, in their place, the 

words ‘‘credential or endorsement’’. 

§ 5.905 [Amended] 

■ 84. In § 5.905(b), remove the words 

‘‘license, certificate or document’’ and 

add, in their place, the words 

‘‘credential or endorsement’’. 

11216 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

PART 10—MERCHANT MARINER 

OFFICERS AND SEAMEN 

■ 85. Revise the authority citation for 

part 10 to read as follows: 

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

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

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

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

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

PART 10—[REDESIGNATED AS PART 

11] 

■ 86. Redesignate part 10, consisting of 

§§ 10.101 through 10.1105, as part 11, 

§§ 11.101 through 11.1105. 

■ 87. Add a new part 10 to subchapter 

B to read as follows: 

PART 10—MERCHANT MARINER 

CREDENTIAL 

Subpart A—General 

Sec. 

10.101 Purpose of rules in this part. 

10.103 Incorporation by reference. 

10.105 Paperwork approval. [Reserved] 

10.107 Definitions in subchapter B. 

10.109 Classification of endorsements. 

Subpart B—General Requirements for All 

Merchant Mariner Credentials 

10.201 General characteristics of the 

merchant mariner credential. 

10.203 Requirement to hold a TWIC and a 

merchant mariner credential. 

10.205 Validity of a merchant mariner 

credential. 

10.207 Identification number. 

10.209 General application procedures. 

10.211 Criminal record review. 

10.213 National Driver Register. 

10.214 Security Check. 

10.215 Medical and physical requirements. 

10.217 Merchant mariner credential 

application and examination locations. 

10.219 Fees. 

10.221 Citizenship. 

10.223 Modification or removal of 

limitations or scope. 

10.225 Requirements for original merchant 

mariner credentials. 

10.227 Requirements for renewal. 

10.229 Issuance of duplicate merchant 

mariner credentials. 

10.231 Requirements for raises of grade or 

new endorsements. 

10.233 Obligations of the holder of a 

merchant mariner credential. 

10.235 Suspension or revocation of 

merchant mariner credentials. 

10.237 Right of appeal. 

10.239 Quick reference table for MMC 

requirements. 

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

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

71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 

75; 46 U.S.C. 7701, 8906 and 70105; 

Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

Subpart A—General 

§ 10.101 Purpose of rules in this part. 

The regulations in this part provide: 

(a) A means of determining and 

verifying the qualifications an applicant 

must possess to be eligible for 

certification to serve on merchant 

vessels; 

(b) A means of determining that an 

applicant is competent to serve under 

the authority of their merchant mariner 

credential (MMC); 

(c) A means of confirming that an 

applicant does not pose a threat to 

national security through the 

requirement to hold a Transportation 

Worker Identification Credential 

(TWIC); and 

(d) A means of determining whether 

the holder of an MMC is a safe and 

suitable person. 

§ 10.103 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish notice of 

change in the Federal Register and the 

material must be available to the public. 

All approved material is available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, it is available 

for inspection at the Coast Guard, Office 

of Operating and Environmental 

Standards (CG–5221), 2100 Second 

Street SW., Washington, DC 20593– 

0001, 202–372–1405 and is available 

from the sources indicated in this 

section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, 

England, telephone: + 44 (0)20 7735 

7611, http://www.imo.org: 

(1) The STCW—International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as amended 1995 (the 

STCW Convention or the STCW), 

incorporation by reference approved for 

§§ 10.107, 10.109, and 10.231. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code, as 

amended 1995 (the STCW Code), 

incorporation by reference approved for 

§§ 10.107, 10.109, 10.227, and 10.231. 

§ 10.105 Paperwork approval. [Reserved] 

§ 10.107 Definitions in subchapter B. 

(a) With respect to part 16 and 

§ 15.1101 of this title only, if the 

definitions in paragraph (b) of this 

section differ from those set forth in 

either § 16.105 or § 15.1101, the 

definition set forth in either § 16.105 or 

§ 15.1101, as appropriate, applies. 

(b) As used in this subchapter, the 

following terms apply only to merchant 

marine personnel credentialing and the 

manning of vessels subject to the 

manning provisions in the navigation 

and shipping laws of the United States: 

Apprentice mate (steersman) of 

towing vessels means a mariner 

qualified to perform watchkeeping on 

the bridge, while in training onboard a 

towing vessel under the direct 

supervision and in the presence of a 

master or mate (pilot) of towing vessels. 

Approved means approved by the 

Coast Guard according to § 11.302 of 

this chapter. 

Approved training means training that 

is approved by the Coast Guard or meets 

the requirements of § 11.309 of this 

chapter. 

Assistance towing means towing a 

disabled vessel for consideration. 

Assistant engineer means a qualified 

officer in the engine department. 

Authorized official includes, but is 

not limited to, a Federal, State or local 

law enforcement officer. 

Ballast control operator or BCO means 

an officer restricted to service on mobile 

offshore drilling units (MODUs) whose 

duties involve the operation of the 

complex ballast system found on many 

MODUs. When assigned to a MODU, a 

ballast control operator is equivalent to 

a mate on a conventional vessel. 

Barge supervisor or BS means an 

officer restricted to service on MODUs 

whose duties involve support to the 

offshore installation manager (OIM) in 

marine-related matters including, but 

not limited to, maintaining watertight 

integrity, inspecting and maintaining 

mooring and towing components, and 

maintaining emergency and other 

marine-related equipment. A barge 

supervisor, when assigned to a MODU, 

is equivalent to a mate on a 

conventional vessel. 

Boatswain means the leading seaman 

and immediate supervisor of deck crew 

who supervises the maintenance of deck 

gear. 

Cargo engineer means a person 

holding an officer endorsement on a 

dangerous-liquid tankship or a 

liquefied-gas tankship whose primary 

responsibility is maintaining the cargo 

system and cargo-handling equipment. 

Chief engineer means any person 

responsible for the mechanical 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11217 

propulsion of a vessel and who is the 

holder of a valid officer endorsement as 

chief engineer. 

Chief mate means the deck officer 

next in seniority to the master and upon 

whom the command of the vessel will 

fall in the event of incapacity of the 

master. 

Coast Guard-accepted means that the 

Coast Guard has officially 

acknowledged in writing that the 

material or process at issue meets the 

applicable requirements; that the Coast 

Guard has issued an official policy 

statement listing or describing the 

material or process as meeting the 

applicable requirements; or that an 

entity acting on behalf of the Coast 

Guard under a Memorandum of 

Agreement has determined that the 

material or process meets the applicable 

requirements. 

Coastwise seagoing vessel means a 

vessel that is authorized by its 

Certificate of Inspection to proceed 

beyond the Boundary Line established 

in part 7 of this chapter. 

Competent person as used in part 13 

only, means a person designated as such 

under 29 CFR 1915.7. 

Conviction means that the applicant 

for a merchant mariner credential has 

been found guilty, by judgment or plea 

by a court of record of the United States, 

the District of Columbia, any State, 

territory, or possession of the United 

States, a foreign country, or any military 

court, of a criminal felony or 

misdemeanor or of an offense described 

in section 205 of the National Driver 

Register Act of 1982, as amended (49 

U.S.C. 30304). If an applicant pleads 

guilty or no contest, is granted deferred 

adjudication, or is required by the court 

to attend classes, make contributions of 

time or money, receive treatment, 

submit to any manner of probation or 

supervision, or forgo appeal of a trial 

court’s conviction, then the Coast Guard 

will consider the applicant to have 

received a conviction. A later 

expungement of the conviction will not 

negate a conviction unless the Coast 

Guard is satisfied that the expungement 

is based upon a showing that the court’s 

earlier conviction was in error. 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Criminal record review means the 

process or action taken by the Coast 

Guard to determine whether an 

applicant for, or holder of, a credential 

is a safe and suitable person to be issued 

such a credential or to be employed on 

a vessel under the authority of such a 

credential. 

Dangerous drug means a narcotic 

drug, a controlled substance, or a 

controlled-substance analogue (as 

defined in section 102 of the 

Comprehensive Drug Abuse and Control 

Act of 1970 (21 U.S.C. 802)). 

Dangerous liquid or DL means a 

liquid listed in 46 CFR 153.40 of this 

chapter that is not a liquefied gas as 

defined in this part. Liquid cargoes in 

bulk listed in 46 CFR part 153, table 2, 

of this chapter are not dangerous-liquid 

cargoes when carried by non-oceangoing 

barges. 

Day means, for the purpose of 

complying with the service 

requirements of this subchapter, eight 

hours of watchstanding or day-working 

not to include overtime. On vessels 

where a 12-hour working day is 

authorized and practiced, each work 

day may be creditable as one and onehalf days of service. On vessels of less 

than 100 gross register tons, a day is 

considered as eight hours unless the 

Coast Guard determines that the vessel’s 

operating schedule makes this criteria 

inappropriate, in no case will this 

period be less than four hours. When 

computing service required for MODU 

endorsements, a day is a minimum of 

four hours, and no additional credit is 

received for periods served over eight 

hours. 

Deck crew (excluding individuals 

serving under their officer endorsement) 

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

the following members of the deck 

department: able seamen, boatswains, 

and ordinary seamen. 

Designated areas means those areas 

within pilotage waters for which first 

class pilot’s endorsements are issued 

under part 11, subpart G, of this chapter, 

by the Officer in Charge, Marine 

Inspection (OCMI). The areas for which 

first class pilot’s endorsements are 

issued within a particular Marine 

Inspection Zone and the specific 

requirements to obtain them may be 

obtained from the OCMI concerned. 

Designated duty engineer or DDE 

means a qualified engineer, who may be 

the sole engineer on vessels with a 

periodically unattended engine room. 

Designated examiner means a person 

who has been trained or instructed in 

techniques of training or assessment and 

is otherwise qualified to evaluate 

whether an applicant has achieved the 

level of competence required to hold a 

merchant mariner credential (MMC) 

endorsement. This person may be 

designated by the Coast Guard or by a 

Coast Guard-approved or accepted 

program of training or assessment. A 

faculty member employed or instructing 

in a navigation or engineering course at 

the U.S. Merchant Marine Academy or 

at a State maritime academy operated 

under 46 CFR part 310 is qualified to 

serve as a designated examiner in his or 

her area(s) of specialization without 

individual evaluation by the Coast 

Guard. 

Directly supervised, only when 

referring to issues related to tankermen, 

means being in the direct line of sight 

of the person-in-charge or maintaining 

direct, two-way communications by a 

convenient, reliable means, such as a 

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 

11218 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

east side of the Ashland Avenue Bridge 

(between mile 321 and 322), and the 

Saint Lawrence River as far east as the 

lower exit of Saint Lambert Lock. For 

purposes of requiring merchant mariner 

credentials with rating endorsements, 

the connecting and tributary waters are 

not part of the Great Lakes. 

Harbor assist means the use of a 

towing vessel during maneuvers to 

dock, undock, moor, or unmoor a vessel, 

or to escort a vessel with limited 

maneuverability. 

Horsepower means, for the purpose of 

this subchapter, the total maximum 

continuous shaft horsepower of all the 

vessel’s main propulsion machinery. 

IMO means the International Maritime 

Organization. 

Inland waters means the navigable 

waters of the United States shoreward of 

the Boundary Lines as described in part 

7 of this chapter, excluding the Great 

Lakes, and, for towing vessels, 

excluding the Western Rivers. For 

establishing credit for sea service, the 

waters of the Inside Passage between 

Puget Sound and Cape Spencer, Alaska, 

are inland waters. 

Invalid credential means a merchant 

mariner credential, merchant mariner’s 

document, merchant mariner’s license, 

STCW endorsement, or certificate of 

registry that has been suspended or 

revoked, or has expired. 

Large passenger vessel means a vessel 

of more than 70,000 gross tons, as 

measured under 46 U.S.C. 14302 and 

documented under the laws of the 

United States, with capacity for at least 

2,000 passengers and a coastwise 

endorsement under 46 U.S.C. chapter 

121. 

Liquefied gas or LG means a cargo that 

has a vapor pressure of 172 kPa (25 psia) 

or more at 37.8 °C (100 °F). 

Liquid cargo in bulk means a liquid or 

liquefied gas listed in § 153.40 of this 

chapter and carried as a liquid cargo or 

liquid-cargo residue in integral, fixed, or 

portable tanks, except a liquid cargo 

carried in a portable tank actually 

loaded and discharged from a vessel 

with the contents intact. 

Lower level is used as a category of 

deck and engineer officer endorsements 

established for assessment of fees. 

Lower-level officer endorsements are 

other than those defined as upper level, 

for which the requirements are listed in 

subparts D, E, and G of part 11. 

Marine chemist means a person 

certificated by the National Fire 

Protection Association. 

Master means the officer having 

command of a vessel. 

Mate means a qualified officer in the 

deck department other than the master. 

Merchant mariner credential or MMC 

means the credential issued by the Coast 

Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

MMC application means the 

application for the MMC, as well as the 

application for any endorsement on an 

MMC. 

Mobile offshore drilling unit or MODU 

means a vessel capable of engaging in 

drilling operations for the exploration 

for or exploitation of subsea resources. 

MODU designs include the following: 

(1) Bottom bearing units, which 

include: 

(i) Self-elevating (or jack-up) units 

with moveable, bottom bearing legs 

capable of raising the hull above the 

surface of the sea; and 

(ii) Submersible units of ship-shape, 

barge-type, or novel hull design, other 

than a self-elevating unit, intended for 

operating while bottom bearing. 

(2) Surface units with a ship-shape or 

barge-type displacement hull of single 

or multiple hull construction intended 

for operating in a floating condition, 

including semi-submersibles and drill 

ships. 

Month means 30 days, for the purpose 

of complying with the service 

requirements of this subchapter. 

National Driver Register or NDR 

means the nationwide repository of 

information on drivers maintained by 

the National Highway Traffic Safety 

Administration under 49 U.S.C. chapter 

303. 

NDR-listed convictions means a 

conviction of any of the following motor 

vehicle-related offenses or comparable 

offenses: 

(1) Operating a motor vehicle while 

under the influence of, or impaired by, 

alcohol or a controlled substance; or 

(2) A traffic violation arising in 

connection with a fatal traffic accident, 

reckless driving, or racing on the 

highways. 

Near coastal means ocean waters not 

more than 200 miles offshore. 

Non-resident alien means an alien, as 

defined under Section 101(a)(3) of the 

Immigration and Nationality Act (8 

U.S.C. 1101 et seq.) (the Act), who is not 

lawfully admitted for permanent 

residence, as defined by Section 

101(a)(20) of the Act, but who is 

employable in the United States under 

the Act and its implementing 

regulations, including an alien crewman 

described in section 101(a)(15)(D)(i) of 

the Act who meets the requirements of 

46 U.S.C. 8103(k)(3)(A). 

Oceans means the waters seaward of 

the Boundary Lines as described in 46 

CFR part 7. For the purposes of 

establishing sea service credit, the 

waters of the Inside Passage between 

Puget Sound and Cape Spencer, Alaska, 

are not considered oceans. 

Officer endorsement means an 

annotation on a merchant mariner 

credential that allows a mariner to serve 

in the capacities in § 10.109(a). The 

officer endorsement serves as the 

license and/or certificate of registry 

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

Officer in Charge, Marine Inspection 

or OCMI means, for the purposes of this 

subchapter, the individual so designated 

at one of the Regional Examination 

Centers, or any person designated as 

such by the Commandant. 

Offshore installation manager or OIM 

means an officer restricted to service on 

MODUs. An assigned offshore 

installation manager is equivalent to a 

master on a conventional vessel and is 

the person designated by the owner or 

operator to be in complete and ultimate 

command of the unit. 

On location means that a mobile 

offshore drilling unit is bottom bearing 

or moored with anchors placed in the 

drilling configuration. 

Operate, operating, or operation, as 

applied to the manning requirements of 

vessels carrying passengers, refers to a 

vessel any time passengers are 

embarked whether the vessel is 

underway, at anchor, made fast to shore, 

or aground. 

Operator means an individual 

qualified to operate certain uninspected 

vessels. 

Orally assisted examination means an 

examination as described in part 11, 

subpart I of this chapter verbally 

administered and documented by an 

examiner. 

Participation, when used with regard 

to the service on transfers required for 

tankerman by §§ 13.120, 13.203, or 

13.303 of this chapter, means either 

actual participation in the transfers or 

close observation of how the transfers 

are conducted and supervised. 

Passes a chemical test for dangerous 

drugs means that the result of a 

chemical test conducted according to 49 

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

a Medical Review Officer according to 

that part. 

PIC means a person in charge. 

Pilot of towing vessels means a 

qualified officer of a towing vessel 

operated only on inland routes. 

Pilotage waters means the navigable 

waters of the United States, including 

all inland waters and offshore waters to 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11219 

a distance of three nautical miles from 

the baseline from which the Territorial 

Sea is measured. 

Practical demonstration means the 

performance of an activity under the 

direct observation of a designated 

examiner for the purpose of establishing 

that the performer is sufficiently 

proficient in a practical skill to meet a 

specified standard of competence or 

other objective criterion. 

Qualified instructor means a person 

who has been trained or instructed in 

instructional techniques and is 

otherwise qualified to provide required 

training to candidates for a merchant 

mariner credential endorsement. A 

faculty member employed at a State 

maritime academy or the U.S. Merchant 

Marine Academy operated under 46 

CFR part 310 and instructing in a 

navigation or engineering course is 

qualified to serve as a qualified 

instructor in his or her area of 

specialization without individual 

evaluation by the Coast Guard. 

Qualified rating means various 

categories of able seaman, qualified 

member of the engine department, 

lifeboatman, or tankerman 

endorsements formerly issued on 

merchant mariner’s documents. 

Raise of grade means an increase in 

the level of authority and responsibility 

associated with an officer or rating 

endorsement. 

Rating endorsement is an annotation 

on a merchant mariner credential that 

allows a mariner to serve in those 

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

The rating endorsement serves as the 

merchant mariner’s document pursuant 

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

Regional examination center or REC 

means a Coast Guard office that issues 

merchant mariners’ credentials and 

endorsements. 

Restricted tankerman endorsement 

means a valid tankerman endorsement 

on a merchant mariner credential 

restricting its holder as the Coast Guard 

deems appropriate. For instance, the 

endorsement may restrict the holder to 

one or a combination of the following: 

A specific cargo or cargoes; a specific 

vessel or vessels; a specific facility or 

facilities; a specific employer or 

employers; a specific activity or 

activities (such as loading or unloading 

in a cargo transfer); or a particular area 

of water. 

Rivers means a river, canal, or other 

similar body of water designated as such 

by the Coast Guard. 

Safe and suitable person means a 

person whose prior record, including 

but not limited to criminal record and/ 

or NDR record, provides no information 

indicating that his or her character and 

habits of life would support the belief 

that permitting such a person to serve 

under the MMC and/or endorsement 

sought would clearly be a threat to the 

safety of life or property, detrimental to 

good discipline, or adverse to the 

interests of the United States. See 46 

CFR 10.211 and 10.213 for the 

regulations associated with this 

definition. 

Self propelled has the same meaning 

as the terms ‘‘propelled by machinery’’ 

and ‘‘mechanically propelled.’’ This 

term includes vessels fitted with both 

sails and mechanical propulsion. 

Self-propelled tank vessel means a 

self-propelled tank vessel, other than a 

tankship. 

Senior company official means the 

president, vice president, vice president 

for personnel, personnel director, or 

similarly titled or responsible 

individual, or a lower-level employee 

designated in writing by one of these 

individuals for the purpose of certifying 

employment and whose signature is on 

file at the REC at which application is 

made. 

Service as, used when computing the 

required service for MODU 

endorsements, means the time period, 

in days, a person is assigned to work on 

MODUs, excluding time spent ashore as 

part of crew rotation. A day is a 

minimum of four hours, and no 

additional credit is received for periods 

served over eight hours. 

Simulated transfer means a transfer 

practiced in a course meeting the 

requirements of § 13.121 of this chapter 

that uses simulation supplying part of 

the service on transfers required for 

tankerman by § 13.203 or 13.303 of this 

chapter. 

Staff officer means a person who 

holds an MMC with an officer 

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

Standard of competence means the 

level of proficiency to be achieved for 

the proper performance of duties 

onboard vessels according to national 

and international criteria. 

Steward’s department means the 

department that includes entertainment 

personnel and all service personnel, 

including wait staff, housekeeping staff, 

and galley workers, as defined in the 

vessel security plan approved by the 

Secretary under 46 U.S.C. 70103(c). 

These personnel may also be referred to 

as members of the hotel department on 

a large passenger vessel. 

STCW means the International 

Convention on Standards of Training, 

Certification and Watchkeeping for 

Seafarers, 1978, as amended 1995 

(incorporated by reference in § 10.103). 

STCW Code means the Seafarer’s 

Training, Certification and 

Watchkeeping Code, as amended 1995 

(incorporated by reference in § 10.103). 

STCW endorsement means an 

annotation on a merchant mariner 

credential that allows a mariner to serve 

in those capacities under § 10.109(d). 

The STCW endorsement serves as 

evidence that a mariner has met the 

requirements of STCW. 

Tank barge means a non-selfpropelled tank vessel. 

Tank vessel means a vessel that is 

constructed or adapted to carry, or that 

carries, oil or hazardous material in bulk 

as cargo or cargo residue, and that: 

(1) Is a vessel of the United States; 

(2) Operates on the navigable waters 

of the United States; or 

(3) Transfers oil or hazardous material 

in a port or place subject to the 

jurisdiction of the United States. 

Tankerman assistant means a person 

holding a valid ‘‘Tankerman-Assistant’’ 

endorsement to his or her merchant 

mariner credential. 

Tankerman engineer means a person 

holding a valid ‘‘Tankerman-Engineer’’ 

endorsement to his or her merchant 

mariner credential. 

Tankerman PIC means a person 

holding a valid ‘‘Tankerman-PIC’’ 

endorsement on his or her merchant 

mariner credential. 

Tankerman PIC (Barge) means a 

person holding a valid ‘‘Tankerman-PIC 

(Barge)’’ endorsement to his or her 

merchant mariner credential. 

Tankship means any tank vessel 

constructed or adapted primarily to 

carry oil or hazardous material in bulk 

as cargo or as cargo residue and 

propelled by power or sail. 

Transfer means any movement of 

dangerous liquid or liquefied gas as 

cargo in bulk or as cargo residue to, 

from, or within a vessel by means of 

pumping, gravitation, or displacement. 

Section 13.127 of this chapter describes 

what qualifies as participation in a 

creditable transfer. 

Transportation Worker Identification 

Credential or TWIC means an 

identification credential issued by the 

Transportation Security Administration 

under 49 CFR part 1572. 

Underway means that a vessel is not 

at anchor, made fast to the shore, or 

aground. When referring to a mobile 

offshore drilling unit (MODU), 

underway means that the MODU is not 

in an on-location or laid-up status and 

includes that period of time when the 

MODU is deploying or recovering its 

mooring system. 

Undocumented vessel means a vessel 

not required to have a certificate of 

documentation issued under the laws of 

the United States. 

Upper level is used as a category of 

deck and engineer officer endorsements 

11220 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

established for assessment of fees. 

Upper-level endorsements are those for 

which the requirements are listed in 

§§ 11.404 to 11.407 of this subchapter 

and §§ 11.510, 11.512, 11.514, and 

11.516 of this subchapter. 

Vessel Security Officer (VSO) means a 

person onboard the vessel accountable 

to the Master, designated by the 

Company as responsible for security of 

the vessel, including implementation 

and maintenance of the Vessels Security 

Plan, and for liaison with the Facility 

Security Officer and the vessel’s 

Company Security Officer. 

Western rivers means the Mississippi 

River, its tributaries, South Pass, and 

Southwest Pass, to the navigational 

demarcation lines dividing the high seas 

from harbors, rivers, and other inland 

waters of the United States, and the Port 

Allen-Morgan City Alternate Route, and 

that part of the Atchafalaya River above 

its junction with the Port Allen-Morgan 

City Alternate Route including the Old 

River and the Red River, and those 

waters specified in 33 CFR 89.25. 

Year means 360 days for the purpose 

of complying with the service 

requirements of this subchapter. 

§ 10.109 Classification of endorsements. 

(a) The following officer 

endorsements are established in part 11 

of this subchapter. The endorsements 

indicate that an individual holding a 

valid MMC with this endorsement is 

qualified to serve in that capacity and 

the endorsement has been issued under 

the requirements contained in part 11 of 

this subchapter: 

(1) Master; 

(2) Chief mate; 

(3) Second mate; 

(4) Third mate; 

(5) Mate; 

(6) Master of towing vessel; 

(7) Mate (pilot) of towing vessel; 

(8) Apprentice mate (Steersman); 

(9) Offshore installation manager 

(OIM); 

(10) Barge supervisor (BS); 

(11) Ballast control operator (BCO); 

(12) Operator of uninspected 

passenger vessels (OUPV); 

(13) Master of uninspected fishing 

industry vessels; 

(14) Mate of uninspected fishing 

industry vessels; 

(15) Master of offshore supply vessels; 

(16) Chief mate of offshore supply 

vessels; 

(17) Mate of offshore supply vessels; 

(18) Chief engineer; 

(19) Chief engineer (limited); 

(20) Chief engineer (limited-ocean); 

(21) Chief engineer (limited-nearcoastal); 

(22) First assistant engineer; 

(23) Second assistant engineer; 

(24) Third assistant engineer; 

(25) Assistant engineer (limited); 

(26) Designated duty engineer (DDE); 

(27) Chief engineer offshore supply 

vessel; 

(28) Engineer offshore supply vessel; 

(29) Chief engineer MODU; 

(30) Assistant engineer MODU; 

(31) Chief engineer uninspected 

fishing industry vessels; 

(32) Assistant engineer uninspected 

fishing industry vessels; 

(33) Radio officer; 

(34) First class pilot 

(35) Chief purser; 

(36) Purser; 

(37) Senior assistant purser; 

(38) Junior assistant purser; 

(39) Medical doctor; 

(40) Professional nurse; 

(41) Marine physician assistant; 

(42) Hospital corpsman; and 

(43) Radar observer. 

(b) The following rating endorsements 

are established in part 12 of this 

subchapter. The endorsements indicate 

that an individual holding a valid MMC 

with this endorsement is qualified to 

serve in that capacity and the 

endorsement has been issued under the 

requirements contained in part 12 of 

this subchapter: 

(1) Able seaman: 

(i) Any waters, unlimited; 

(ii) Limited; 

(iii) Special; and 

(iv) Special (OSV). 

(2) Ordinary seaman. 

(3) Qualified member of the engine 

department (QMED): 

(i) Refrigerating engineer; 

(ii) Oiler; 

(iii) Deck engineer; 

(iv) Fireman/Watertender; 

(v) Junior engineer; 

(vi) Electrician; 

(vii) Machinist; 

(viii) Pumpman; 

(ix) Deck engine mechanic; and 

(x) Engineman. 

(4) Lifeboatman. 

(5) Wiper. 

(6) Steward’s department 

(7) Steward’s department (F.H.). 

(8) Cadet. 

(9) Student observer. 

(10) Apprentice engineer. 

(11) Apprentice mate. 

(c) The following ratings are 

established in part 13 of this subchapter. 

The endorsements indicate that an 

individual holding a valid MMC with 

this endorsement is qualified to serve in 

that capacity and the endorsement has 

been issued under the requirements 

contained in part 13 of this subchapter: 

(1) Tankerman PIC. 

(2) Tankerman PIC (Barge). 

(3) Restricted tankerman PIC. 

(4) Restricted tankerman PIC (Barge). 

(5) Tankerman assistant. 

(6) Tankerman engineer. 

(d) The following STCW 

endorsements are established by STCW 

and issued according to the STCW 

Code, STCW Convention and parts 11 

and 12 of this subchapter. The 

endorsements indicate that an 

individual holding a valid MMC with 

this endorsement is qualified to serve in 

that capacity and the endorsement has 

been issued under the requirements 

contained in parts 11 or 12 of this 

subchapter as well as the STCW Code 

and STCW Convention (incorporated by 

reference see § 10.103): 

(1) Master. 

(2) Chief mate. 

(3) Officer in charge of a navigational 

watch (OICNW). 

(4) Chief engineer. 

(5) Second engineer officer. 

(6) Officer in charge of an engineering 

watch in a manned engineroom or 

designated duty engineer in a 

periodically unmanned engineroom 

(OICEW). 

(7) Rating forming part of a 

navigational watch (RFPNW). 

(8) Rating forming part of a watch in 

a manned engineroom or designated to 

perform duties in a periodically 

unmanned engineroom (RFPEW). 

(9) Proficiency in survival craft and 

rescue boats other than fast rescue boats 

(PSC). 

(10) Proficiency in fast rescue boats. 

(11) Person in charge of medical care. 

(12) Medical first aid provider. 

(13) GMDSS at-sea maintainer. 

(14) GMDSS operator. 

Subpart B—General Requirements for 

All Merchant Mariner Credentials 

§ 10.201 General characteristics of the 

merchant mariner credential. 

(a) A merchant mariner credential 

(MMC) (Coast Guard Form CG–4610), is 

a credential combining the elements of 

the merchant mariner’s document 

(MMD), merchant mariner’s license 

(license), and certificate of registry 

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

II part E as well as the STCW 

endorsement issued pursuant to the 

STCW Convention and STCW Code 

incorporated by reference in § 10.103. 

MMDs, licenses, STCW endorsements 

and CORs are no longer issued as 

separate documents and all 

qualifications formerly entered on those 

separate documents appear in the form 

of an endorsement(s) on an MMC. 

(b) An MMC authorizes the holder to 

serve in any capacity endorsed thereon, 

or in any lower capacity in the same 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11221 

department, or in any capacity covered 

by a general endorsement. 

(c) An MMC may be issued to 

qualified applicants by the National 

Maritime Center or at any Regional 

Examination Center during usual 

business hours, or through the mail. 

§ 10.203 Requirement to hold a TWIC and 

a merchant mariner credential. 

(a) Any mariner required to hold a 

license, MMD, COR, and/or an STCW 

endorsement by a regulation in 33 CFR 

chapter I or 46 CFR chapter I must hold 

an MMC. A mariner may continue to 

serve under the authority of and within 

any restriction on their license, MMD, 

COR, and/or STCW endorsement until 

the first renewal or upgrade of that 

credential, but not later than April 15, 

2014. 

(b) Failure to obtain or hold a valid 

TWIC serves as a basis for the denial of 

an application for an original, renewal, 

new endorsement, duplicate, or raise of 

grade of a mariner’s credential and may 

serve as a basis for suspension and 

revocation under 46 U.S.C. 7702 and 

7703. 

(c) An MMC, license, MMD, COR, or 

STCW endorsement must be retained by 

the mariner to whom it was issued and, 

while valid, must be produced to verify 

qualifications when requested by an 

authorized official as identified in 33 

CFR 101.515(d). Posting of the officer 

endorsement may be necessary as 

required in 46 U.S.C. 7110. 

(d) Although an MMD and an MMC 

serve as certificates of identification, a 

TWIC must be retained by the mariner 

to whom it was issued and, while valid, 

serves as the mariner’s primary 

identification document. The TWIC 

must be produced to verify identity 

when required by an authorized official 

as identified in 33 CFR 101.515(d). 

§ 10.205 Validity of a merchant mariner 

credential. 

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

years from the date of issuance. 

(b) All endorsements are valid until 

the expiration date of the MMC on 

which they appear. 

(c) A mariner may not serve under the 

authority of an MMC past its expiration 

date. An expired MMC may be renewed 

during an administrative grace period of 

up to one year beyond its expiration 

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

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

accordance with § 10.227, the MMC that 

has been replaced becomes invalid. 

(e) An MMC is not valid until signed 

by the applicant and a duly authorized 

Coast Guard official. 

(f) A mariner’s STCW endorsement is 

valid only when the related officer or 

rating endorsement is valid. 

(g) A mariner’s endorsements 

authorize the holder to serve in any 

capacity endorsed on the MMC, or in 

any lower capacity in the same 

department, or in any capacity covered 

by a general endorsement thereon. 

(h) If a mariner chooses to renew his 

or her license, MMD, COR, or STCW 

endorsement and receive their first 

MMC, the Coast Guard may also renew 

all other credentials for which the 

mariner is qualified. 

§ 10.207 Identification number. 

For recordkeeping purposes only, a 

mariner’s official MMC identification 

number is the individual’s social 

security number. However, a unique 

serial number, and not the social 

security number, will appear on the 

credential. 

§ 10.209 General application procedures. 

(a) The applicant for an MMC, 

whether original, renewal, duplicate, 

raise of grade, or a new endorsement on 

a previously issued MMC, must 

establish to the Coast Guard that he or 

she satisfies all the requirements for the 

MMC and endorsement(s) sought before 

the Coast Guard will issue the MMC. 

This section contains the general 

requirements for all applicants. 

Additional requirements for duplicates, 

renewals, new endorsements, and raises 

of grade appear later in this part. 

(b) The Coast Guard may refuse to 

process an incomplete MMC 

application. The requirements for a 

complete application for an original 

MMC are contained in § 10.225, the 

requirements for a renewal MMC 

application are in § 10.227, the 

requirements for a duplicate MMC 

application are contained in § 10.229, 

and the requirements for an application 

for a new endorsement or raise of grade 

are contained in § 10.231. 

(c) Applications are valid for 12 

months from the date that the Coast 

Guard approves the application. 

(d) The portions of the application 

that may be submitted by mail, fax, or 

other electronic means may include: 

(1) The application, consent for NDR 

check, and notarized oath on Coast 

Guard-furnished forms, and the 

evaluation fee required by § 10.219 of 

this part; 

(2) The applicant’s continuous 

discharge book, certificate of 

identification, MMD, MMC, license, 

STCW endorsement, COR, or, if it has 

not expired, a photocopy of the 

credential, including the back and all 

attachments; 

(3) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed the applicable vision, 

hearing, medical or physical exam as 

required by § 10.215 of this part; 

(4) If the applicant desires a credential 

with a radar-observer endorsement in 

accordance with § 11.480 of this 

chapter, either the radar-observer 

certificate or a certified copy; 

(5) Evidence of, or acceptable 

substitute for, sea service, if required; 

(6) For an endorsement as a medical 

doctor or professional nurse as required 

in § 11.807, evidence that the applicant 

holds a currently valid, appropriate 

license as physician, surgeon, or 

registered nurse, issued under the 

authority of a state or territory of the 

United States, the Commonwealth of 

Puerto Rico, or the District of Columbia. 

Any MMC issued will retain any 

limitation associated with the medical 

license; 

(7) Any certificates or other 

supplementary materials required to 

show that the mariner meets the 

mandatory requirements for the specific 

endorsement sought, as established in 

parts 11, 12 or 13 of this chapter; and 

(8) An open-book exercise, in 

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

part. 

(e) The following requirements must 

be satisfied before an original or renewal 

MMC, or new endorsement or a raise of 

grade added to a previously issued 

MMC, will be issued. These materials 

will be added to the individual’s record 

by the Coast Guard: 

(1) Determination of safety and 

suitability. No MMC will be issued as an 

original or reissued with a new 

expiration date, and no new officer 

endorsement will be issued if the 

applicant fails the criminal record 

review as set forth in § 10.211 of this 

part; 

(2) NDR review. No MMC will be 

issued as an original or reissued with a 

new expiration date, and no new officer 

endorsement will be issued until the 

applicant has passed an NDR review as 

set forth in § 10.213 of this part; and 

(3) Information supplied by the 

Transportation Security Administration 

(TSA). (i) Beginning on April 15, 2009, 

no MMC or endorsement will be issued 

until the Coast Guard receives the 

following information from the 

applicant’s TWIC application: the 

applicant’s fingerprints, FBI number 

and criminal record (if applicable), 

photograph, proof of United States 

citizenship, or Nationality with proof of 

legal resident status (if applicable). If 

the information is not available from 

TSA, the mariner may be required to 

11222 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

visit a Regional Exam Center to provide 

this information. 

(ii) Until April 15, 2009, no 

application for an MMC or endorsement 

will be considered complete until the 

applicant appears at a Regional Exam 

Center to provide the following 

information: the applicant’s 

fingerprints, photograph, proof of 

United States citizenship, or Nationality 

with proof of legal resident status (if 

applicable). 

(f) Upon determining that the 

applicant satisfactorily meets all 

requirements for an MMC or an 

endorsement thereon, the Coast Guard 

will issue the properly endorsed MMC 

to the applicant. Beginning April 15, 

2009, the Coast Guard will not issue an 

MMC until it has received proof that the 

mariner holds a valid TWIC. 

(g) When a new MMC is issued, the 

mariner must return the previously 

issued MMC, license, MMD, COR, or 

STCW endorsement to the Coast Guard, 

unless the new MMC is being issued to 

replace a lost or stolen credential. Upon 

written request at the time of 

application, the cancelled, previously 

issued credential(s) will be returned to 

the applicant. 

(h) Unless otherwise stated in this 

Part, an applicant who fails a chemical 

test for dangerous drugs will not be 

issued an MMC. 

§ 10.211 Criminal record review. 

(a) The Coast Guard may conduct a 

criminal record review to determine the 

safety and suitability of an applicant for 

an MMC and any endorsements. An 

applicant conducting simultaneous 

MMC transactions will undergo a single 

criminal record review. At the time of 

application, each applicant must 

provide written disclosure of all 

convictions not previously disclosed to 

the Coast Guard on an application. 

(b) A criminal record review is not 

required for applicants seeking a 

duplicate MMC under § 10.229. 

(c) Fingerprints. Beginning September 

25, 208, the Transportation Security 

Administration (TSA) will provide to 

the Coast Guard the applicant’s 

fingerprints submitted by the applicant 

with his or her TWIC application and, 

if applicable, the applicant’s FBI 

number and criminal record generated 

in the TWIC review process. This 

information, or the fingerprints taken by 

the Coast Guard at an REC, will be used 

by the Coast Guard to determine 

whether the applicant has a record of 

any criminal convictions. 

(d) When a criminal record review 

leads the Coast Guard to determine that 

an applicant is not a safe and suitable 

person or cannot be entrusted with the 

duties and responsibilities of the MMC 

or endorsement applied for, the 

application may be disapproved. 

(e) If an application is disapproved, 

the applicant will be notified in writing 

of that fact, the reason or reasons for 

disapproval, and advised that the appeal 

procedures in subpart 1.03 of part 1 of 

this chapter apply. No examination will 

be given pending decision on appeal. 

(f) No person who has been convicted 

of a violation of the dangerous drug 

laws of the United States, the District of 

Columbia, any State, territory, or 

possession of the United States, or a 

foreign country, by any military or 

civilian court, is eligible for an MMC, 

except as provided elsewhere in this 

section. No person who has ever been 

the user of, or addicted to the use of a 

dangerous drug, or has ever been 

convicted of an offense described in 

section 205 of the National Driver 

Register Act of 1982, as amended (49 

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

abuse of alcohol is eligible for an MMC, 

unless he or she furnishes satisfactory 

evidence of suitability for service in the 

merchant marine as provided in 

paragraph (l) of this section. A 

conviction for a drug offense more than 

10 years before the date of application 

will not alone be grounds for denial. 

(g) The Coast Guard will use table 

10.211(g) to evaluate applicants who 

have criminal convictions. The table 

lists major categories of criminal activity 

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

convicted of an offense that does not 

appear on the list, the Coast Guard will 

establish an appropriate assessment 

period using the list as a guide. The 

assessment period commences when an 

applicant is no longer incarcerated. The 

applicant must establish proof of the 

time incarcerated and periods of 

probation and parole to the satisfaction 

of the Coast Guard. The assessment 

period may include supervised or 

unsupervised probation or parole. 

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

Crime 1

Assessment periods 

Minimum Maximum 

Assessment Periods for Officer and Rating Endorsements 

Crimes Against Persons: 

Homicide (intentional) ........................................................................................................................ 7 years .................. 20 years. 

Homicide (unintentional) .................................................................................................................... 5 years .................. 10 years. 

Assault (aggravated) ......................................................................................................................... 5 years .................. 10 years. 

Assault (simple) ................................................................................................................................. 1 year .................... 5 years. 

Sexual Assault (rape, child molestation) ........................................................................................... 5 years .................. 10 years. 

Robbery ............................................................................................................................................. 5 years .................. 10 years. 

Other crimes against persons 2

Vehicular Crimes 

Conviction involving fatality ...................................................................................................................... 1 year .................... 5 years. 

Reckless Driving ....................................................................................................................................... 1 year .................... 2 years. 

Racing on the Highways ........................................................................................................................... 1 year .................... 2 years. 

Other vehicular crimes 2

Crimes Against Public Safety 

Destruction of Property ............................................................................................................................. 5 years .................. 10 years. 

Other crimes against public safety 2

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11223 

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

Continued 

Crime 1

Assessment periods 

Minimum Maximum 

Dangerous Drug Offenses 345

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

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

Other dangerous drug convictions 6

Assessment Periods for Officer Endorsements Only 

Criminal Violations of Environmental Laws 

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

Crimes Against Property 

Burglary ..................................................................................................................................................... 3 years .................. 10 years. 

Larceny (embezzlement) .......................................................................................................................... 3 years .................. 5 years. 

Other crimes against property 2

1 Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to commit the criminal conduct listed in 

this table carry the same minimum and maximum assessment periods provided in the table. 2Other crimes will be reviewed by the Coast Guard to determine the minimum and maximum assessment periods depending on the nature of 

the crime. 3Applicable to original applications only. Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet 

the requirements of paragraph (f) of this section. Note: Applicants for reissue of an MMC with a new expiration date including a renewal or additional endorsement(s), who have been convicted of a dangerous drug offense while holding a license, MMC, MMD, STCW endorsement or COR, 

may have their application withheld until appropriate action has been completed by the Coast Guard under the regulations which appear in 46 

CFR part 5 governing the administrative actions against merchant mariner credentials. 4The Coast Guard may consider dangerous drug convictions more than 10 years old only if there has been another dangerous drug conviction 

within the past 10 years. 5Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with dangerous drug use convictions more 

than 10 years old. 6Other dangerous drug convictions will be reviewed by the Coast Guard on a case by case basis to determine the appropriate assessment period depending on the nature of the offense. 

(h) When an applicant has 

convictions for more than one offense, 

the minimum assessment period will be 

the longest minimum in table 10.211(g) 

and table 10.213(c) in § 10.213 based 

upon the applicant’s convictions; the 

maximum assessment period will be the 

longest shown in table 10.211(g) and 

table 10.213(c) of § 10.213 based upon 

the applicant’s convictions. 

(i) If a person with a criminal 

conviction applies before the minimum 

assessment period shown in table 

10.211(g) or established by the Coast 

Guard under paragraph (g) of this 

section has elapsed, then the applicant 

must provide, as part of the application 

package, evidence of suitability for 

service in the merchant marine. Factors 

that are evidence of suitability for 

service in the merchant marine are 

listed in paragraph (l) of this section. 

The Coast Guard will consider the 

applicant’s evidence submitted with the 

application and may issue the MMC 

and/or endorsement in less than the 

listed minimum assessment period if 

the Coast Guard is satisfied that the 

applicant is suitable to hold the MMC 

and/or endorsement for which he or she 

has applied. If an application filed 

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 

11224 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

factors, as applicable, in assessing the 

applicant’s suitability to hold an MMC. 

This list is intended as a guide for the 

Coast Guard. The Coast Guard may 

consider other factors appropriate to a 

particular applicant, such as: 

(1) Proof of completion of an 

accredited alcohol or drug abuse 

rehabilitation program; 

(2) Active membership in a 

rehabilitation or counseling group, such 

as Alcoholics Anonymous or Narcotics 

Anonymous; 

(3) Character references from persons 

who can attest to the applicant’s 

sobriety, reliability, and suitability for 

employment in the merchant marine 

including parole or probation officers; 

(4) Steady employment; and 

(5) Successful completion of all 

conditions of parole or probation. 

§ 10.213 National Driver Register. 

(a) No MMC will be issued as an 

original or reissued with a new 

expiration date, and no new officer 

endorsement will be issued, unless the 

applicant consents to a check of the 

NDR for offenses described in section 

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

operation of a motor vehicle while 

under the influence of, or impaired by, 

alcohol or a controlled substance; and 

any traffic violations arising in 

connection with a fatal traffic accident, 

reckless driving, or racing on the 

highways). 

(b) The Coast Guard will not consider 

NDR-listed civil convictions that are 

more than three years old from the date 

of request unless that information 

relates to a current suspension or 

revocation of the applicant’s license to 

operate a motor vehicle. The Coast 

Guard may determine minimum and 

maximum assessment periods for NDRlisted criminal convictions using table 

10.213(c). An applicant conducting 

simultaneous MMC transactions is 

subject to only one NDR check. 

(c) The guidelines in table 10.213(c) 

will be used by the Coast Guard in 

evaluating applicants who have drug or 

alcohol related NDR-listed convictions. 

Non-drug or alcohol related NDR-listed 

convictions will be evaluated by the 

Coast Guard under table 10.211(g) of 

§ 10.211 as applicable. The Coast Guard 

will consider non-drug or alcohol 

related NDR-listed convictions that are 

more than three years old from the date 

of the request when the information 

relates to a current suspension or 

revocation of the applicant’s license to 

operate a motor vehicle. 

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

CONVICTIONS INVOLVING DANGEROUS DRUGS OR ALCOHOL 1

Number of convictions Date of conviction Assessment period 

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

1 ...................................................... More than 1, less than 3 years ..... Application will be processed, unless suspension, or revocation 2 is 

still in effect. Applicant will be advised that additional conviction(s) 

may jeopardize merchant mariner credentials. 

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

2 or more ......................................... Any less than 3 years old .............. 1 year since last conviction and at least 3 years from 2nd most recent conviction, unless suspension or revocation is still in effect. 

2 or more ......................................... All more than 3 years old .............. Application will be processed unless suspension or revocation is still 

in effect. 

1Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (a) of 

this section. 2Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor vehicle operator’s license. 

(d) Any application may be 

disapproved if information from the 

NDR check leads the Coast Guard to 

determine that the applicant cannot be 

entrusted with the duties and 

responsibilities of the MMC or 

endorsement for which the application 

is made. If an application is 

disapproved, the Coast Guard will 

notify the applicant in writing of the 

reason(s) for disapproval and advise the 

applicant that the appeal procedures in 

subpart 1.03 of part 1 of this chapter 

apply. No examination will be given 

pending decision on appeal. 

(e) Before disapproving an application 

because of information received from 

the NDR, the Coast Guard will make the 

information available to the applicant 

for review and written comment. The 

applicant may submit records from the 

applicable State concerning driving 

record and convictions to the Coast 

Guard REC processing the application. 

The REC will hold an application with 

NDR-listed convictions pending the 

completion of the evaluation and 

delivery by the individual of the 

underlying State records. 

(f) If an applicant has one or more 

alcohol or dangerous drug related 

criminal or NDR-listed convictions, if 

the applicant has ever been the user of, 

or addicted to the use of, a dangerous 

drug, or if the applicant applies before 

the minimum assessment period for his 

or her conviction has elapsed, the Coast 

Guard may consider the following 

factors, as applicable, in assessing the 

applicant’s suitability to hold an MMC. 

This list is intended as a guide for the 

Coast Guard. The Coast Guard may 

consider other factors, which it judges 

appropriate to a particular applicant, 

such as: 

(1) Proof of completion of an 

accredited alcohol or drug abuse 

rehabilitation program; 

(2) Active membership in a 

rehabilitation or counseling group, such 

as Alcoholics Anonymous or Narcotics 

Anonymous; 

(3) Character references from persons 

who can attest to the applicant’s 

sobriety, reliability, and suitability for 

employment in the merchant marine 

including parole or probation officers; 

(4) Steady employment; and 

(5) Successful completion of all 

conditions of parole or probation. 

§ 10.214 Security Check. 

Until April 15, 2009, the Coast Guard 

may conduct a security check on an 

applicant for an MMC, utilizing the 

criminal record review discussed in 

§ 10.211 of this part. 

§ 10.215 Medical and physical 

requirements. 

(a) Medical and Physical Exams. To 

qualify for an MMC an applicant must 

meet the medical and physical 

standards in this section. Columns 2 

through 5 of table 10.215(a) provide the 

specific exam, test, or demonstrations 

required to obtain the corresponding 

credential listed in column 1. Further 

clarifications of the requirements 

contained in the table are found 

throughout this section. Any required 

test, exam, or demonstration must have 

been performed, witnessed, or reviewed 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11225 

by a licensed medical doctor, licensed 

physician assistant, or licensed nurse 

practitioner. 

(1) First-class pilots, and those serving 

as pilots under § 15.812 of this part, on 

vessels and tank barges of 1,600 GRT or 

more must satisfactorily complete 

annual medical exams and, unless 

exempt per 46 CFR 16.220, pass annual 

chemical tests for dangerous drugs and 

submit the results to the Coast Guard. 

(2) Medical exams for Great Lakes 

Pilots must be conducted by a licensed 

medical doctor in accordance with the 

physical exam requirements in 46 CFR 

402.210. 

TABLE 10.215(A)—MEDICAL AND PHYSICAL REQUIREMENTS FOR MARINER ENDORSEMENTS 1

Credential Vision test Hearing test General medical 

exam 

Demonstration 

of physical 

ability 

(i) Deck officer, including pilot ................................................ § 10.215(b)(1) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(ii) Engineering officer ............................................................ § 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(iv) Radio officer ..................................................................... § 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(v) Offshore installation manager, barge supervisor, or ballast control operator.§ 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(vi) Able seaman .................................................................... § 10.215(b)(1) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(vii) QMED .............................................................................. § 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(viii) RFPNW ........................................................................... § 10.215(b)(1) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(ix) RFPEW ............................................................................ § 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

(x) Tankerman ........................................................................ § 10.215(b)(2) ........ § 10.215(c) ............ § 10.215(d)(1) ........ § 10.215(e)(1) 

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

not apply.

............................... ............................... § 10.215(d)(2) ........

(xii) Food handler serving on vessels to which STCW applies................................ ............................... § 10.215(d)(2) ........ § 10.215(e)(1) 

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

which STCW applies, other than those listed above.

............................... ............................... ............................... § 10.215(e)(2) 

(b) Vision Test—(1) Deck Standard. 

An applicant must have correctable 

vision to at least 20/40 in one eye and 

uncorrected vision of at least 20/200 in 

the same eye. An applicant having lost 

vision in one eye must wait six months 

before application and provide a 

statement of demonstrated ability on his 

or her medical examination. The color 

sense must be determined to be 

satisfactory when tested by any of the 

following methods or an alternative test 

approved by the Coast Guard, without 

the use of color-sensing lenses: 

(i) Pseudoisochromatic Plates 

(Dvorine, 2nd Edition; AOC; revised 

edition or AOC–HRR; Ishihara 14-, 

24-, or 38-plate editions). 

(ii) Eldridge-Green Color Perception 

Lantern. 

(iii) Farnsworth Lantern. 

(iv) Keystone Orthoscope. 

(v) Keystone Telebinocular. 

(vi) SAMCTT (School of Aviation 

Medicine Color Threshold Tester). 

(vii) Titmus Optical Vision Tester. 

(viii) Williams Lantern. 

(2) Engineering, radio operator, 

tankerman, and MODU standard. An 

applicant must have correctable vision 

of at least 20/50 in one eye and 

uncorrected vision of at least 20/200 in 

the same eye and need only have the 

ability to distinguish the colors red, 

green, blue and yellow. 

(3) Any applicant whose uncorrected 

vision does not meet the standards 

listed above, and is granted a waiver in 

accordance with paragraph (g) of this 

section, may not serve under the 

authority of the endorsement unless 

corrective lenses are worn and spare 

lenses are carried onboard a vessel. 

(c) Hearing test. If the medical 

practitioner conducting the general 

medical exam has concerns that an 

applicant’s ability to hear may impact 

maritime safety, the examining medical 

practitioner, if not qualified to conduct 

the appropriate examinations, must 

refer the applicant to an audiologist or 

other hearing specialist to conduct an 

audiometer test and/or a speech 

discrimination test, as appropriate. 

(1) The audiometer test should 

include testing at the following 

thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; 

and 3,000 Hz. The frequency responses 

for each ear should be averaged to 

determine the measure of an applicant’s 

hearing ability. Applicants must 

demonstrate an unaided threshold of 20 

decibels or less in each ear. 

(2) The functional speech 

discrimination test should be carried 

out at a level of 55 decibels. For 

issuance of an original MMC or 

endorsement the applicant must 

demonstrate functional speech 

discrimination of at least 90%. For 

renewal or raise of grade, the applicant 

must demonstrate functional speech 

discrimination of at least 80%. An 

applicant who is unable to meet the 

standards of the audiometer test, but 

who can pass the functional speech 

discrimination test, may be eligible for 

a medical waiver in accordance with 

paragraph (g) of this section. 

(d) General medical exam. (1) This 

exam must be documented and of such 

scope to ensure that there are no 

conditions that pose an inordinate risk 

of sudden incapacitation or debilitating 

complication. This exam must also 

document any condition requiring 

medication that impairs judgment or 

reaction time. Examples of physical 

impairment or medical conditions that 

could lead to disqualification include, 

but are not limited to, poorly controlled 

diabetes, myocardial infarctions, 

psychiatric disorders, and convulsive 

disorders. 

(2) Food handlers are not required to 

submit to a general medical exam, but 

must obtain a statement from a licensed 

physician, physician assistant, or nurse 

practitioner attesting that they are free 

of communicable diseases. 

(e) Demonstration of physical ability. 

(1) A demonstration of physical ability 

is required only if the medical 

practitioner conducting the general 

medical exam is concerned that an 

applicant’s physical ability may impact 

maritime safety or if table 10.215(a) 

shows that the mariner must pass a 

demonstration of physical ability, but he 

or she is not required to pass a general 

medical exam. 

(2) For an applicant to satisfactorily 

pass a demonstration of physical ability, 

the examiner must be satisfied that the 

applicant: 

(i) Has no disturbance in the sense of 

balance; 

11226 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(ii) Is able, without assistance, to 

climb up and down vertical ladders and 

inclined stairs; 

(iii) Would be able, without 

assistance, to step over a door sill or 

coaming; 

(iv) Would be able to grasp, lift, and 

manipulate various common shipboard 

tools; move hands and arms to open and 

close valve wheels in vertical and 

horizontal directions, and rotate wrists 

to turn handles; 

(v) Does not have any impairment or 

disease that could prevent normal 

movement and physical activities; 

(vi) Is able to stand and walk for 

extended periods; 

(vii) Does not have any impairment or 

disease that could prevent response to a 

visual or audible alarm; and 

(viii) Is capable of normal 

conversation. 

(f) Reports of medical and physical 

exams, demonstrations, and tests. These 

reports must be submitted within 12 

months from the date signed by the 

licensed medical professional. When 

submitted with a complete application 

package these reports remain valid for 

12 months from the date of the 

application approval. 

(g) Medical waivers. Where an 

applicant does not possess the vision, 

hearing, or general physical condition 

necessary, the Coast Guard, after 

consultation with the examining 

licensed physician, licensed physician 

assistant, or licensed nurse practitioner 

may grant a waiver if extenuating 

circumstances warrant special 

consideration. An applicant may submit 

to the Coast Guard additional 

correspondence, records, and reports in 

support of a waiver. In this regard, 

recommendations from agencies of the 

Federal Government operating 

government vessels, as well as owners 

and operators of private vessels, made 

on behalf of their employees, will be 

given full consideration. Waivers are not 

normally granted to an applicant whose 

corrected vision in the better eye is not 

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

for engineer officers. 

(h) Individuals holding only a staff 

officer endorsement need not meet the 

medical and physical requirements of 

this section. 

§ 10.217 Merchant mariner credential 

application and examination locations. 

(a) Applicants may apply to any of the 

Regional Examination Centers. 

Applicants may contact the National 

Maritime Center at 100 Forbes Drive, 

Martinsburg, WV 25404, or by telephone 

1–888–427–5662 or 304–433–3400. A 

list of Regional Examination Center 

locations is available through the Coast 

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

stcw. 

(b) Coast Guard-designated facilities. 

The Coast Guard may designate 

additional locations to provide services 

to applicants for MMCs. 

(c) Exam Locations Abroad. (1) Coast 

Guard Merchant Marine Details abroad 

may conduct exams for ratings at 

locations other than the RECs, but are 

not prepared to conduct the physical 

examination where required. Merchant 

Marine Details may not issue regular 

rating endorsements, but temporary 

permits in lieu thereof. Merchant 

Marine Details will instruct the 

recipient of each temporary permit to 

present it to the OCMI, upon arrival in 

the first port in the United States in 

order to exchange it for a permanent 

credential. 

(2) The temporary permit must be 

accepted by the OCMI as proof that the 

bearer has complied with the rules and 

regulations governing the issuance of 

credentials, except as noted in the body 

of the temporary permit. The 

requirements noted in the exceptions 

will be complied with as in the case of 

other applicants. 

(3) The written examinations are 

forwarded to the National Maritime 

Center by Merchant Marine Details. 

When an applicant with a temporary 

permit appears before an OCMI, that 

OCMI may request and obtain the 

examination from the National Maritime 

Center. Any OCMI who doubts the 

propriety of issuing a permanent 

credential instead of a temporary permit 

which has been issued by an overseas 

Merchant Marine Detail must inform the 

National Maritime Center fully as to the 

circumstances. 

§ 10.219 Fees. 

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

to calculate the mandatory fees for 

MMCs and associated endorsements. 

TABLE 10.219(A) FEES

If you apply for 

And you need . . . 

Evaluation 

then the fee 

is . . . 

Examination 

then the fee 

is . . . 

Issuance then 

the fee is 

. . . 

MMC with officer endorsement: 

Original:.

Upper level ......................................................................................................................... $100 ............. $110 ............. $45 

Lower level ......................................................................................................................... 100 ............... 95 ................. 45 

Renewal .................................................................................................................................... 50 ................. 45 ................. 45 

Raise of grade ........................................................................................................................... 100 ............... 45 ................. 45 

Modification or removal of limitation or scope .......................................................................... 50 ................. 45 ................. 45 

Radio officer endorsement: 

Original ...................................................................................................................................... 50 ................. 45 ................. 45 

Renewal .................................................................................................................................... 50 ................. n/a ................ 45 

Staff officer endorsements: 

Original ...................................................................................................................................... 90 ................. n/a ................ 45 

Renewal .................................................................................................................................... 50 ................. n/a ................ 45 

MMC with rating endorsement: 

Original endorsement for ratings other than qualified ratings ......................................................... 95 ................. n/a ................ 45 

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

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

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

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

STCW certification: 

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

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

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11227 

TABLE 10.219(A) FEES—Continued 

If you apply for 

And you need . . . 

Evaluation 

then the fee 

is . . . 

Examination 

then the fee 

is . . . 

Issuance then 

the fee is 

. . . 

Reissue, replacement, and duplicate ............................................................................................... n/a ................ n/a ................ 1 $45 

1 Duplicate for MMC lost as result of marine casualty—No Fee. 

(b) Fee payment procedures. 

Applicants may pay: 

(1) All fees required by this section at 

the time the application is submitted; or 

(2) A fee for each phase at the 

following times: 

(i) An evaluation fee when the 

application is submitted. 

(ii) An examination fee before the first 

examination section is taken. 

(iii) An issuance fee before receipt of 

the MMC. 

(c) If the examination is administered 

at a place other than an REC, the 

examination fee must be paid to the REC 

at least one week before the scheduled 

examination date. 

(d) Unless the REC provides 

additional payment options, fees must 

be paid as follows: 

(1) Fee payment(s) must be for the 

exact amount. 

(2) Payments may be made by cash, 

check, money order, or credit card. 

(3) Payments submitted by mail may 

not be made in cash. Mailed payments 

should specify the type of credential 

sought and the type of fee (e.g., 

evaluation, examination, issuance) 

being paid. The address for sending 

payment by mail can be found at http:// 

www.uscg.mil/stcw/ldcr-userfees.htm. 

(4) Checks or money orders are to be 

made payable to the U.S. Coast Guard, 

and the full legal name and last four 

digits of applicant’s security number 

must appear on the front of each check 

or money order. 

(5) Fee payment may be made by 

electronic payment in a manner 

specified by the Coast Guard. For 

information regarding current forms of 

electronic payment, go to http:// 

www.uscg.mil/stcw/ldcr-userfees.htm. 

(e) Unless otherwise specified in this 

part, when two or more endorsements 

are processed on the same application: 

(1) Evaluation fees. If an applicant 

simultaneously applies for a rating 

endorsement and a deck or engineer 

officer’s endorsement, only the 

evaluation fee for the officer’s 

endorsement will be charged. If an 

applicant simultaneously applies for a 

staff officer or radio officer endorsement 

along with the deck or engineer officer’s 

endorsement, only the evaluation fee for 

the deck or engineer officer’s 

endorsement will be charged. No 

evaluation fee is charged for an STCW 

endorsement. 

(2) Examination fees. One 

examination fee will be charged for each 

exam or series of exams for an original, 

raise of grade, or renewal of an 

endorsement on an MMC taken within 

one year from the date of the application 

approval. An examination fee will also 

be charged to process an open-book 

exercise used to renew an MMC. If an 

officer endorsement examination under 

part 11 of this chapter also fulfills the 

examination requirements in part 12 of 

this chapter for rating endorsements, 

only the fee for the officer endorsement 

examination is charged. 

(3) Issuance fees. Only one issuance 

fee will be charged for each MMC 

issued, regardless of the number of 

endorsements placed on the credential. 

There is no fee for a Document of 

Continuity. 

(f) The Coast Guard may assess 

additional charges to anyone to recover 

collection and enforcement costs 

associated with delinquent payments, 

failure to pay a fee, or returned checks. 

The Coast Guard will not provide 

credentialing services to a mariner who 

owes money for credentialing services 

previously provided. 

(g) Anyone who fails to pay a fee or 

charge established under this subpart is 

liable to the United States Government 

for a civil penalty of not more than 

$6,500 for each violation. 

(h) No-fee MMC for certain 

applicants. (1) For the purpose of this 

section, a no-fee MMC applicant is a 

person who is a volunteer, or a part-time 

or full-time employee of an organization 

that is: 

(i) Charitable in nature; 

(ii) Not for profit; and 

(iii) Youth oriented. 

(2) Determination of eligibility. (i) An 

organization may submit a written 

request to U.S. Coast Guard National 

Maritime Center, 100 Forbes Drive, 

Martinsburg, WV 25404, in order to be 

considered an eligible organization 

under the criteria set forth in paragraph 

(h)(1) of this section. With the written 

request, the organization must provide 

evidence of its status as a youthoriented, not-for-profit, charitable 

organization. 

(ii) The following organizations are 

accepted by the Coast Guard as meeting 

the requirements of paragraph (h)(1) of 

this section and need not submit 

evidence of their status: Boy Scouts of 

America, Sea Explorer Association, Girl 

Scouts of the United States of America, 

and Young Men’s Christian Association 

of the United States of America. 

(3) A letter from an organization 

determined eligible under paragraph 

(h)(2) of this section must also 

accompany the person’s MMC 

application to the Coast Guard. The 

letter must state that the purpose of the 

person’s application is solely to further 

the conduct of the organization’s 

maritime activities. The applicant then 

is eligible under this section to obtain a 

no-fee MMC if other requirements for 

the MMC are met. 

(4) An MMC issued to a person under 

this section is endorsed restricting its 

use to vessels owned or operated by the 

sponsoring organization. 

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

under this section may have the 

restriction removed by paying the 

appropriate evaluation, examination, 

and issuance fees that would have 

otherwise applied. 

§ 10.221 Citizenship. 

(a)(1) MMCs with officer 

Endorsements. Only individuals with 

valid U.S. citizenship may apply for 

officer endorsements, except 

individuals applying for endorsements 

as operators of uninspected passenger 

vessels authorizing service on 

undocumented vessels in accordance 

with § 11.201(d) of this part. 

(2) All other MMCs. All other 

applicants, except as noted in § 12.40– 

11 of this subchapter, must be either: 

(i) A citizen of the United States; 

(ii) An alien, as defined under Section 

101(a)(3) of the Immigration and 

Nationality Act (8 U.S.C. 1101 et seq.) 

(the Act), who is lawfully admitted to 

the United States for permanent 

residence, as defined by Section 

101(a)(20) of the Act.; or 

(iii) A foreign national who is 

enrolled in the United States Merchant 

Marine Academy (USMMA). 

11228 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(b) Beginning April 15, 2009, proof of 

citizenship or alien status must be 

submitted to the Transportation 

Security Administration (TSA) with the 

applicant’s TWIC application in 

accordance with 49 CFR 1572.17(a)(11). 

Until April 15, 2009, proof of 

citizenship or alien status must be 

submitted by appearing at a Regional 

Exam Center. 

(c) TSA and the Coast Guard may 

reject any evidence of citizenship that is 

not believed to be authentic. Acceptable 

evidence of citizenship may be an 

original or a copy certified as true by the 

agency responsible for issuing the 

document of the following: 

(1) If the individual is applying for an 

officer endorsement (with the exception 

of those applying for an MMC endorsed 

only as Operator of an Uninspected 

Passenger Vehicle (OUPV) of an 

undocumented vessel), the individual 

must provide an original of any one of 

the following documents: 

(i) Certified copy of a birth certificate, 

issued by a State, county, municipality 

or outlying possession of the U.S. 

bearing an official seal; 

(ii) U.S. passport (expired or 

unexpired); 

(iii) Certificate of Citizenship issued 

by U.S. Citizenship and Immigration 

Services or the Immigration and 

Naturalization Service; 

(iv) Certificate of Naturalization 

issued by U.S. Citizenship and 

Immigration Services or the Immigration 

and Naturalization Service; or 

(v) Merchant mariner’s document 

issued by the Coast Guard after February 

3, 2003, that shows that the holder is a 

citizen of the United States. 

(2) If the individual is applying for a 

rating endorsement and they hold one of 

the documents listed in paragraph 

(c)(1)(i) through (v) of this section, these 

documents are also acceptable as 

evidence of citizenship. If the 

individual does not hold any one of 

those documents listed in paragraph 

(c)(1)(i) through (v), the individual must 

provide an original unexpired foreign 

passport and an original of any one of 

the following documents: 

(i) Permanent resident card (form 

I–551) issued by U.S. Citizenship and 

Immigration Services bearing the 

certification that the alien was admitted 

to the United States as an immigrant, 

(ii) A declaration of intention to 

become a citizen of the United States 

issued by a naturalization court; or 

(iii) A certificate issued by the 

consular representative of the country of 

which the alien is a citizen or subject. 

(3) If the individual is the holder of 

or applying for a rating endorsement 

and the individual does not hold any of 

the documents listed in paragraphs 

(c)(1) or (2) of this section, proof of 

enrollment in the United States 

Merchant Marine Academy (USMMA) 

in the form of an original letter from the 

USMMA, signed by the Superintendent 

attesting to the individual’s enrollment 

along with an unexpired foreign 

passport issued by the government of 

the country in which the alien is a 

citizen or subject, with a valid U.S. visa 

affixed to the passport, will be 

acceptable evidence of lawful status in 

the United States. 

(4) If the individual is applying for an 

MMC endorsed only as OUPV of an 

undocumented vessel, the individual 

must provide an original of any one of 

the documents enumerated in 

paragraphs (c)(1)(i) through (v) or 

(c)(2)(i) or (ii) of this section, or proof 

of acceptable alien status as provided in 

49 CFR 1572.105. 

§ 10.223 Modification or removal of 

limitations or scope. 

(a) If the Coast Guard is satisfied by 

the documentary evidence submitted 

that an applicant is entitled by 

experience, training, and knowledge to 

an endorsement or increase in the scope 

of any MMC held, any limitations that 

were previously placed upon the MMC 

by the Coast Guard may be changed or 

removed. Such an increase in scope may 

include a change in horsepower or 

tonnage limitations, or geographic route 

restrictions. 

(b) Modifications or removal of 

limitations or scope to MMC 

endorsement(s) under this section will 

not change the expiration date of the 

mariner’s MMC unless the applicant 

renews all endorsements that would 

appear on the MMC under § 10.227 of 

this part. 

(c) A complete application for 

modification or removal of limitation of 

scope must contain the following: 

(1) A completed signed application; 

(2) Beginning April 15, 2009, proof 

that the mariner holds a valid TWIC; 

(3) All supplementary materials 

required to show that the mariner meets 

the mandatory requirements for the 

transaction sought: 

(i) The mandatory requirements for 

officer endorsements are contained in 

part 11 of this chapter. 

(ii) The mandatory requirements for 

rating endorsements are contained in 

part 12 of this chapter. 

(iii) The mandatory requirements for 

tankerman rating endorsements are 

contained in part 13 of this chapter. 

(iv) The mandatory requirements for 

STCW endorsements are contained in 

parts 11 and 12 of this chapter and in 

the STCW Convention and Code 

(incorporated by reference, see 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; and 

(5) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy, front 

and back of all pages, and all 

attachments, will satisfy this 

requirement. If the applicant submits a 

photocopy, upon the issuance of the 

new MMC, the applicant must surrender 

the old, original credential to the Coast 

Guard. If requested in writing at the 

time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation. 

(d) No limitation on any endorsement 

may be changed before the applicant has 

made up any deficiency in the 

experience prescribed for the 

endorsement or endorsement desired 

and passed any necessary examination. 

§ 10.225 Requirements for original 

merchant mariner credentials. 

(a) An applicant must apply as an 

original if the MMC sought is: 

(1) The first credential issued to the 

applicant; 

(2) The first credential issued to an 

applicant after their previous credential 

has expired and they do not hold a 

document of continuity under 

§ 10.227(e) of this part or an equivalent 

unexpired continuity endorsement on 

their license or MMD; or 

(3) The first credential issued to an 

applicant after their previous credential 

was revoked pursuant to § 10.235 of this 

part. 

(b) A complete application for an 

original MMC must contain the 

following: 

(1) A completed, signed application; 

(2) Beginning April 15, 2009, proof 

that the mariner either holds a valid 

TWIC or has applied for a TWIC; 

(3) All supplementary materials 

required to show that the mariner meets 

the mandatory requirements for all 

endorsements sought; 

(i) The mandatory requirements for 

officer endorsements are contained in 

part 11 of this chapter. 

(ii) The mandatory requirements for 

rating endorsements are contained in 

part 12 of this chapter. 

(iii) For a tankerman rating 

endorsement, the applicant must also 

provide those documents or proofs 

required in part 13 of this chapter. 

(iv) The mandatory requirements for 

STCW Endorsements are contained in 

parts 11 and 12 of this chapter and in 

the STCW Convention and Code 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11229 

(incorporated by reference, see 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; 

(5) Evidence of having passed a 

chemical test for dangerous drugs or of 

qualifying for an exemption from testing 

in § 16.220 of this subchapter; 

(6) Discharges or other documentary 

evidence of service indicating the name, 

tonnage, and propulsion power of the 

vessels, dates of service, capacity in 

which the applicant served, and on 

what waters, where sea service is 

required; 

(7) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed all applicable vision, 

hearing, medical, and/or physical exams 

as required by § 10.215 of this part. 

(8) Consent to a Coast Guard check of 

the NDR for offenses described in 

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

National Driver Register Act of 1982, as 

amended; and 

(9) The oath as required in paragraph 

(c) of this section. 

(c) Oath. Every person who receives 

an original MMC must first take an oath, 

before an official authorized to give 

such an oath, that he or she will 

faithfully and honestly, according to his 

or her best skill and judgment, without 

concealment or reservation, perform all 

the duties required by law and obey all 

lawful orders of superior officers. An 

oath may be administered by any Coast 

Guard-designated individual or any 

person legally permitted to administer 

oaths in the jurisdiction where the 

person taking the oath resides. An oath 

administered at a location other than 

those listed in § 10.217 must be verified 

in writing by the administering official 

and submitted to the same REC where 

the applicant applied for his or her 

MMC. This oath remains binding for 

any subsequently issued MMC and 

endorsements added to the MMC, 

unless specifically renounced in 

writing. 

§ 10.227 Requirements for renewal. 

(a) Except as provided in paragraph 

(e) of this section, an applicant for 

renewal of a credential must establish 

possession of all of the necessary 

qualifications before the renewal MMC 

will be issued. 

(b) A credential may be renewed at 

any time during its validity and for one 

year after expiration. 

(c) No credential will be renewed if it 

has been suspended without probation 

or revoked as a result of action under 

part 5 of this chapter or if facts that 

would render a renewal improper have 

come to the attention of the Coast 

Guard. 

(d) Except as provided in paragraph 

(e) of this section, a complete 

application for renewal must contain 

the following: 

(1) A completed, signed application; 

(2) Beginning April 15, 2009, proof 

that the mariner holds a valid TWIC; 

(3) The appropriate fee as set forth in 

§ 10.219 of this part; 

(4) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy—front, 

back, and all attachments—will satisfy 

this requirement. If the applicant 

submits a photocopy, upon the issuance 

of the new MMC, the applicant must 

surrender the old original credential to 

the Coast Guard. If requested in writing 

at the time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation; 

(5) Evidence of having passed a 

chemical test for dangerous drugs or of 

qualifying for an exemption from testing 

in § 16.220 of this subchapter; 

(6) Proof, documented on a form 

provided by the Coast Guard, that the 

applicant passed all applicable vision, 

hearing, medical, and/or physical exams 

as required by § 10.215 of this part; 

(7) Consent to a Coast Guard check of 

the NDR for offenses described in 

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

National Driver Register Act of 1982, as 

amended; 

(8) Except as provided in paragraph 

(d)(8)(viii) of this section, the applicant 

must meet the following professional 

requirements for renewal: 

(i) The applicant must either— 

(A) Present evidence of at least one 

year of sea service during the past five 

years; 

(B) Pass a comprehensive, open-book 

exercise covering the general subject 

matter contained in appropriate sections 

of subpart (I) of this part; 

(C) Complete an approved refresher 

training course; or 

(D) Present evidence of employment 

in a position closely related to the 

operation, construction, or repair of 

vessels (either deck or engineer as 

appropriate) for at least three years 

during the past five years. An applicant 

for a deck license or officer endorsement 

with this type of employment must also 

demonstrate knowledge on an 

applicable Rules of the Road open-book 

exercise. 

(ii) The qualification requirements for 

renewal of radar observer endorsement 

are in § 11.480 of this chapter. 

(iii) Additional qualification 

requirements for renewal of an officer 

endorsement as first-class pilot are 

contained in § 11.713 of this chapter. 

(iv) An applicant for renewal of a 

radio officer’s endorsement must, in 

addition to meeting the requirements of 

this section, present evidence of a 

currently valid license as first or 

second-class radiotelegraph operator 

issued by the Federal Communications 

Commission. If submitted, the original 

license will be returned to the applicant. 

(v) An applicant for renewal of an 

endorsement as medical doctor or 

professional nurse must, in addition to 

meeting the requirements of this 

section, present evidence that he or she 

holds a currently valid, appropriate 

license as physician, surgeon, or 

registered nurse issued under the 

authority of a state or territory of the 

United States, the Commonwealth of 

Puerto Rico, or the District of Columbia. 

Any such renewal will retain the 

limitations placed upon the medical 

license by the issuing body. There are 

no professional requirements for 

renewal of an endorsement as marine 

physician assistant or hospital 

corpsman. 

(vi) An applicant for renewal of an 

endorsement as master or mate (pilot) of 

towing vessels must submit satisfactory 

evidence of: 

(A) Having completed a practical 

demonstration of maneuvering and 

handling a towing vessel to the 

satisfaction of a designated examiner; or 

(B) Ongoing participation in training 

and drills during the validity of the 

license or MMC being renewed. 

(vii) An applicant seeking to renew a 

tankerman endorsement must meet the 

additional requirements listed in 

§ 13.120 of this chapter. 

(viii) There are no professional 

requirements for renewal for the 

following endorsements: 

(A) Radio officer; 

(B) Staff officers (all types); 

(C) Ordinary seaman; 

(D) Wiper; 

(E) Steward’s department (F.H.); 

(F) Cadet; 

(G) Student observer; 

(H) Apprentice engineer; 

(I) Apprentice mate (issued under part 

12 of this subchapter); 

(J) Person in charge of medical care; 

(K) Medical first-aid provider; 

(L) GMDSS at-sea maintainer; and 

(M) GMDSS operator. 

(9) Except as otherwise provided, 

each candidate for a renewal of an 

STCW endorsement must meet the 

applicable requirements of § 11.202 of 

this chapter and must meet the 

requirements of section A–VI/2, 

paragraphs 1 to 4 of the STCW Code 

(incorporated by reference in § 10.103). 

11230 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(e) Document of continuity. (1) 

Applicants for renewal who are 

unwilling or otherwise unable to meet 

the requirements of paragraph (d) of this 

section, including but not limited to the 

medical and physical standards of 

§ 10.215, drug tests, and TWIC, may 

apply for a document of continuity 

issued by the Coast Guard. Documents 

of continuity do not expire and are 

issued solely to maintain an 

individual’s eligibility for renewal. A 

document of continuity does not entitle 

an individual to serve as a merchant 

mariner. A holder of a document of 

continuity may obtain a properly 

endorsed, valid MMC at any time by 

satisfying the requirements for renewal 

as provided in paragraph (d). 

(2) Applications for a document of 

continuity must include: 

(i) The credential to be renewed. 

Upon written request, the Coast Guard 

will return the credential to the 

applicant after it has been cancelled; 

and 

(ii) An application including a signed 

statement from the applicant attesting to 

an awareness of the limited purpose of 

the Document of Continuity, their 

inability to serve, and the requirements 

to obtain an MMC. 

(f) Administrative grace period. 

Except as provided herein, a credential 

may not be renewed more than 12 

months after it has expired. To obtain a 

re-issuance of the credential, an 

applicant must comply with the 

requirements of paragraph (g) of this 

section. When an applicant’s credential 

expires during a time of service with the 

Armed Forces and there is no 

reasonable opportunity for renewal, 

including by mail, this period may be 

extended. The period of military service 

following the date of expiration which 

precluded renewal may be added to the 

12-month grace period. The 12-month 

grace period and any extensions do not 

affect the expiration date of the 

credential. A license, MMD, COR, 

STCW endorsement, MMC, and any 

endorsements thereon, are not valid for 

use after the expiration date. 

(g) Re-issuance of expired credentials. 

(1) Whenever an applicant applies for 

re-issuance of an endorsement as deck 

officer, engineer officer, or qualified 

rating more than 12 months after 

expiration, instead of the requirements 

of paragraph (g) of this section, the 

applicant must demonstrate continued 

professional knowledge by completing a 

course approved for this purpose, or by 

passing the complete examination. The 

examination may be oral-assisted if the 

expired credential was awarded on an 

oral exam. The fees set forth in § 10.219 

apply to these examinations. In the case 

of an expired radio officer’s 

endorsement, the endorsement may be 

issued upon presentation of a valid first 

or second-class radiotelegraph operator 

license issued by the Federal 

Communications Commission. 

(2) An endorsement for chief purser, 

purser, senior assistant purser, junior 

assistant purser, hospital corpsman, 

marine physician assistant, medical 

doctor, or professional nurse that has 

been expired for more than 12 months 

shall be renewed in the same way as a 

current endorsement of that type. There 

are no additional requirements for reissuing endorsements for chief purser, 

purser, senior assistant purser, junior 

assistant purser, hospital corpsman, 

marine physician assistant, medical 

doctor, or professional nurse that have 

been expired for more than 12 months. 

§ 10.229 Issuance of duplicate merchant 

mariner credentials. 

(a) Upon request and without 

examination, a mariner may be issued a 

duplicate credential after submitting an 

application with an affidavit describing 

the circumstances of the loss. The Coast 

Guard will only issue the duplicate 

credential after confirming the validity 

of the mariner’s credential and, 

beginning April 15, 2009, the validity of 

the mariner’s TWIC. 

(b) The duplicate will have the same 

authority, wording, and expiration date 

as the lost credential. A duplicate 

credential will reference the serial 

number, type, place of issue, and date 

of issue of the replaced credential(s). 

The duplicate issued will be in the form 

of an MMC. Until April 15, 2014, if a 

mariner seeks a duplicate of more than 

one credential, the MMC issued will 

reflect endorsements for all credentials 

lost, and the expiration date will match 

the earliest expiration date of the 

credentials lost. 

(c) If a person loses a credential by 

shipwreck or other casualty, a duplicate 

will be issued free of charge. The term 

‘‘other casualty’’ includes any damage to 

a ship caused by collision, explosion, 

tornado, wreck, flooding, beaching, 

grounding, or fire; or personal loss 

associated with a federally declared 

natural disaster. 

(d) If a person loses a credential by 

means other than those noted in 

paragraph (c) of this section and applies 

for a duplicate, the appropriate fee set 

out in § 10.219 must be paid. 

(e) No application from an alien for a 

duplicate credential will be accepted 

unless the alien complies with the 

requirements of § 10.221 of this part. 

(f) Applications for duplicate 

credentials will not be subject to a 

criminal record review. 

§ 10.231 Requirements for raises of grade 

or new endorsements. 

(a) This section applies to applicants 

who already hold a valid credential and 

want to make the following 

transaction(s): 

(1) Add a new endorsement; or 

(2) Raise of grade of an existing 

endorsement. 

(b) New endorsements or raises of 

grade of existing endorsements on an 

MMC under this section will not change 

the expiration date of the MMC unless 

the applicant renews all endorsements 

that appear on the MMC under § 10.227 

of this part. 

(c) A complete application for a new 

endorsement or raise of grade must 

contain the following: 

(1) A completed, signed application; 

(2) Beginning April 15, 2009, proof 

that the mariner holds a valid TWIC; 

(3) All supplementary materials 

required to show that the mariner meets 

the mandatory requirements for the new 

endorsement(s) sought; 

(i) The mandatory requirements for 

officer endorsements are contained in 

part 11 of this chapter and paragraph (d) 

of this section. 

(ii) The mandatory requirements for 

rating endorsements are contained in 

part 12 of this chapter. 

(iii) The mandatory requirements for 

tankerman rating endorsements are 

contained in part 13 of this chapter. 

(iv) The mandatory requirements for 

STCW endorsements are contained in 

parts 11 and 12 of this chapter and in 

the STCW Convention and Code 

(incorporated by reference, see 

§ 10.103). 

(4) The appropriate fee as set forth in 

§ 10.219 of this part; 

(5) Any uncanceled MMD, MMC, 

license, STCW endorsement, or COR 

held by the applicant. If one or more of 

these credentials are still valid at the 

time of application, a photocopy—front, 

back, and all attachments—will satisfy 

this requirement. If the applicant 

submits a photocopy, upon the issuance 

of the new MMC, the applicant must 

surrender the old original credential to 

the Coast Guard. If requested in writing 

at the time of submission, the old MMD, 

MMC, license, COR, or STCW 

endorsement may be returned to the 

applicant after cancellation; 

(6) Applicants for the following 

endorsements must produce evidence of 

having passed a chemical test for 

dangerous drugs or of qualifying for an 

exemption from testing in § 16.220 of 

this subchapter: 

(i) Any officer endorsement; and 

(ii) The first endorsement as able 

seaman, lifeboatman, qualified member 

of the engine department, or tankerman. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11231 

(7) An applicant for an endorsement 

where sea service is required must 

produce discharges or other 

documentary evidence of service, 

indicating the name, tonnage, and 

horsepower of the vessels, dates of 

service, capacity in which the applicant 

served, and on what waters; 

(8) Applicants who have not 

submitted evidence within the past 

three years that they have passed all 

applicable vision, hearing, medical, 

and/or physical exams required in 

§ 10.215 for the particular endorsement 

sought must submit proof, on a Coast 

Guard-approved form, that the applicant 

has passed those medical/physical tests 

and exams; and 

(9) Consent to a Coast Guard check of 

the NDR for offenses described in 

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

National Driver Register Act of 1982, as 

amended. 

(d) Additional requirements for an 

applicant seeking a raise of grade of an 

officer endorsement: 

(1) Sea service acquired before the 

issuance of an officer endorsement is 

generally not accepted as any part of the 

service required for a raise of grade of 

that endorsement. However, service 

acquired before issuance of an officer 

endorsement will be accepted for 

certain crossovers, endorsements, or 

increases in scope of an MMC, as 

appropriate. In the limited tonnage 

categories for deck officers, total 

accumulated service is a necessary 

criterion for most raises of grade; service 

acquired before the issuance of such 

officer endorsements will, therefore, be 

accepted. 

(2) No raise of grade may be issued to 

any naturalized citizen on less 

experience in any grade than would 

have been required of a citizen of the 

United States by birth. 

(3) Experience and service acquired 

on foreign vessels while holding a valid 

U.S. officer endorsement is creditable 

for establishing eligibility for a raise of 

grade, subject to evaluation by the Coast 

Guard to determine that it is a fair and 

reasonable equivalent to service 

acquired on merchant vessels of the 

United States, with respect to grade, 

tonnage, horsepower, waters, and 

operating conditions. An applicant who 

has obtained the qualifying experience 

on foreign vessels shall submit 

satisfactory documentary evidence of 

such service (including any necessary 

translations into English) in the forms 

prescribed by paragraph (c)(7) of this 

section. 

(4) An applicant remains eligible for 

a raise of grade while on probation as 

a result of action under part 5 of this 

chapter. A raise of grade issued to a 

person on probation will be subject to 

the same probationary conditions 

imposed against the applicant’s other 

credentials. The offense for which he or 

she was placed on probation will be 

considered on the merits of the case in 

determining fitness to hold the 

endorsement applied for. No applicant 

will be examined for a raise of grade 

during any period when a suspension 

without probation or a revocation 

imposed under part 5 of this chapter is 

effective against the applicant’s 

credential or while an appeal from these 

actions is pending. 

(5) Professional examination. (i) 

When the Coast Guard finds an 

applicant’s experience and training for 

raise of grade to be satisfactory, and the 

applicant is eligible in all other respects, 

the Coast Guard will authorize a 

professional examination. 

(ii) Oral-assisted examinations may be 

administered in accordance with 

§ 11.205(f) of this chapter. The Coast 

Guard will place in the applicant’s file 

a record indicating the subjects covered. 

(iii) The general instructions for 

administration of examinations and the 

lists of subjects for all officer 

endorsements appear in part 11, subpart 

I of this chapter. 

§ 10.233 Obligations of the holder of a 

merchant mariner credential. 

(a) The holder of a credential may not 

voluntarily part with it or place it 

beyond his or her personal control by 

pledging or depositing it with any other 

person, except as required by regulation 

or as necessary to safeguard the 

credential. If the holder violates this 

section, the Coast Guard may pursue 

suspension or revocation of the license, 

MMD, COR, or MMC under the 

provisions of part 5 of this chapter. 

(b) Whenever a mariner loses a 

credential, he or she must immediately 

report the loss to the Coast Guard. The 

report must be made in writing, giving 

the facts incident to its loss. 

(c) Invalid credentials must be 

returned to the Coast Guard. Upon 

written request, the Coast Guard will 

return the cancelled credential to the 

mariner. 

§ 10.235 Suspension or revocation of 

merchant mariner credentials. 

(a) Any MMC or endorsement is 

subject to suspension or revocation on 

the same grounds, in the same manner, 

and with like procedure as provided in 

46 U.S.C. chapter 77. 

(b) When any individual’s credential 

is revoked, it is no longer valid for any 

purpose, and any MMC subsequently 

requested must be applied for as an 

original. When an endorsement on an 

individual’s MMC is revoked, it is no 

longer valid, and any endorsement of 

the same type subsequently requested 

must be applied for as an original. When 

an officer’s endorsement is revoked, the 

Coast Guard will issue an MMC 

containing any rating endorsement for 

which the holder is qualified. 

(c) An applicant who has had a TWIC, 

credential, or endorsement revoked, and 

who is applying for a subsequent MMC 

or endorsement, must state in his or her 

application the date of revocation, the 

serial number of the document revoked, 

and the type of document or 

endorsement revoked. 

(d) A person whose credential or 

endorsement has been revoked or 

suspended without probation may not 

be issued a replacement credential or 

endorsement without approval of the 

Commandant. If a mariner has multiple 

endorsements and one or more, but not 

all, of those endorsements are 

suspended or revoked, the mariner may 

apply for a replacement MMC reflecting 

those endorsements for which the 

mariner remains qualified. 

(e) When a credential or endorsement 

that is about to expire has been 

suspended, the renewal of the credential 

or endorsement will be withheld until 

expiration of the suspension period. 

(f) An applicant for renewal or return 

of a credential with endorsement as 

master or mate (pilot) of towing vessels 

whose most recent credential has been 

suspended or revoked by an 

administrative law judge for 

incompetence must complete the 

practical demonstration required under 

§ 10.227(d)(8)(vi)(A). 

(g) Beginning April 15, 2009, if the 

Coast Guard is advised by the 

Transportation Security Administration 

(TSA) that a mariner has either been 

denied a TWIC or their TWIC has been 

revoked, the Coast Guard may initiate 

suspension and revocation action 

against the mariner’s MMC, license, 

MMD, and COR under 46 U.S.C. 7702 

and 7703. During the subsequent 

suspension and revocation proceeding, 

the TSA decision to deny issuance of, or 

to revoke, a mariner’s TWIC will not be 

subject to review, and the mariner’s 

failure to hold a TWIC will be treated 

by the Coast Guard as proof that the 

mariner is not eligible for an MMC, 

license, MMD or COR. 

(h) Beginning April 15, 2009, a 

mariner that has either been denied 

issuance of a TWIC or whose TWIC has 

been revoked for non-administrative 

reasons (e.g., being lost or stolen, not 

functioning, or having a misspelling) 

will be deemed ineligible for an MMC, 

license, MMD or COR. 

11232 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§ 10.237 Right of appeal. 

(a) If the Coast Guard refuses to grant 

an applicant an MMC or endorsement, 

a written statement listing the reason(s) 

for denial will be provided to the 

applicant. 

(b) Any person directly affected by a 

decision or action taken under this 

subchapter, by or on behalf of the Coast 

Guard, may appeal under the provisions 

of subpart 1.03 of part 1 of this chapter. 

(c) The Coast Guard will not review 

decisions made by the Transportation 

Security Administration to suspend, 

revoke, or deny a mariner’s TWIC. 

§ 10.239 Quick reference table for MMC 

requirements. 

Table 10.239 provides a guide to the 

requirements for officer endorsements. 

Provisions in the reference section are 

controlling. 

BILLING CODE 4910–15–P 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11233 


ER16MR09.000</GPH>
11234 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 


ER16MR09.001</GPH>
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11235 

BILLING CODE 4910–15–C 

■ 88. Revise the heading to newly 

redesignated part 11 to read as follows: 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 89. The authority citation for part 11 

continues to read as follows: 

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

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

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

8906; Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

Section 11.107 is also issued under the 

authority of 44 U.S.C. 3507. 

■ 90. In newly redesignated § 11.101— 

■ a. Revise paragraphs (a) and (a)(1) to 

read as set out below; 

■ b. In paragraph (a)(2), in the last 

sentence, remove the words ‘‘in 1995’’ 

and ‘‘certificate or’’; 

■ c. In paragraph (b), remove the word 

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

words ‘‘officer endorsements’’; remove 

the words ‘‘all licensed personnel shall’’ 

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

officer credentialed under this part 

must’’; and, after the words 

‘‘characteristics of’’, remove the word 

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

‘‘a’’; and 

■ d. In paragraph (c)(1), remove the 

words ‘‘license or license endorsement’’ 

and add, in their place, the words 

‘‘officer endorsement’’: 

§ 11.101 Purpose of regulations. 

(a) These regulations provide— 

(1) A means of determining the 

qualifications an applicant must possess 

to be eligible for an officer endorsement 

as a staff officer, deck officer, engineer, 

pilot, or radio officer on merchant 

vessels, or for an endorsement to 

operate uninspected passenger vessels; 

and 

* * * * * 

■ 91. Revise newly redesignated 

§ 11.102 to read as follows: 

§ 11.102 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ibr_

locations.html. Also, it is available for 

inspection at the Coast Guard, Office of 

Operating and Environmental Standards 

(CG–5221), 2100 Second Street, SW., 

Washington, DC 20593–0001, 202–372– 

1405 and is available from the sources 

indicated in this section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, 

England, telephone: + 44 (0)20 7735 

7611, http://www.imo.org: 

(1) The International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended 1995 (the STCW Convention 

or the STCW), approved for 

incorporation by reference in §§ 11.202, 

11.304, 11.603; 11.901, 11.903, 11.1005, 

and 11.1105. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code, as 

amended 1995 (the STCW Code), 

approved for incorporation by reference 

in §§ 11.202, 11.304, 11.901, 11.903, 

11.1005, and 11.1105. 

§ 11.103 [Removed and Reserved] 

■ 92. Remove and reserve newly 

redesignated § 11.103. 

§ 11.105 [Removed and Reserved] 

■ 93. Remove and reserve newly 

redesignated § 11.105. 

■ 94. In newly redesignated § 11.107, 

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

(b)(3) to read as follows: 

§ 11.107 Paperwork approval. 

* * * * * 

(b) * * * 

(1) OMB 1625–0040–46 CFR 11.201, 

11.202, 11.205, 11.470, 11.472, 11.474, 

11.542, and 11.544. 

(2) OMB 1625–028–46 CFR 11.302, 

11.303, 11.304, 11.480. 

(3) OMB 1625–0079–46 CFR 11.304 

and 11.309. 

§ 11.109 [Removed and Reserved] 

■ 95. Remove and reserve newly 

redesignated § 11.109. 

§ 11.110 [Removed and Reserved] 

■ 96. Remove and reserve newly 

redesignated § 11.110. 

§ 11.111 [Removed and Reserved] 

■ 97. Remove and reserve newly 

redesignated § 11.111. 

§ 11.112 [Removed and Reserved] 

■ 98. Remove and reserve newly 

redesignated § 11.112. 

§ 11.113 [Removed and Reserved] 

■ 99. Remove and reserve newly 

redesignated § 11.113. 

Subpart B—General Requirements for 

Officer Endorsements 

■ 100. Revise the heading to subpart B 

as set forth above. 

■ 101. Revise newly redesignated 

§ 11.201 to read as follows: 

§ 11.201 Eligibility for officer 

endorsements and STCW endorsements, 

general. 

(a) In addition to the requirements of 

part 10 of this chapter, the applicant for 

an officer endorsement, whether 

original, renewal, duplicate, or raise of 

grade, must establish to the satisfaction 

of the Coast Guard that he or she 

possesses all the qualifications 

necessary (including but not limited to 

age, experience, character references 

and recommendations, physical health, 

citizenship, approved training, passage 

of a professional examination, a test for 

dangerous drugs, and when required by 

this part, a practical demonstration of 

skills) before the Coast Guard will issue 

a merchant mariner credential (MMC). 

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

of this part, an applicant for an officer 

endorsement must demonstrate an 

ability to speak and understand English 

as found in the navigation rules, aids to 

navigation publications, emergency 

equipment instructions, machinery 

instructions, and radiotelephone 

communications instructions. 

(c) An applicant for an officer 

endorsement must have at least three 

months of qualifying service on vessels 

of appropriate tonnage or horsepower 

within the three years immediately 

preceding the date of application. 

(d) No officer endorsement may be 

issued to any person who is not a 

citizen of the United States with the 

exception of operators of uninspected 

passenger vessels that are not 

documented under the laws of the 

United States. 

(e) Except as specified in this 

paragraph, no officer endorsement may 

be issued to a person who has not 

attained the age of 21 years. The 

required evidence of age may be 

established using any of the items 

submitted to establish citizenship set 

out in 49 CFR 1572.17 of this chapter: 

(1) An endorsement may be granted to 

an applicant who has reached the age of 

19 years as: 

(i) Master of near coastal, Great Lakes 

and inland, inland, or river vessels of 

25–200 GRT; 

(ii) Third mate; 

(iii) Third assistant engineer; 

(iv) Mate of vessels of 200–1,600 GRT; 

(v) Ballast control operator (BCO); 

(vi) Assistant engineer (MODU); 

11236 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(vii) Assistant engineer of fishing 

industry vessels; 

(viii) Mate (pilot) of towing vessels; 

(ix) Radio officer; 

(x) Assistant engineer (limited 

oceans); or 

(xi) Designated duty engineer of 

vessels of not more than 4,000 

horsepower. 

(2) An endorsement may be granted to 

an applicant who has reached the age of 

18 years as: 

(i) Limited master of near-coastal 

vessels of not more than 100 GRT; 

(ii) Limited master of Great Lakes and 

inland vessels of not more than 100 

GRT; 

(iii) Mate of Great Lakes and inland 

vessels of 25–200 GRT; 

(iv) Mate of near coastal vessels of 25– 

200 GRT; 

(v) Operator of uninspected passenger 

vessels (OUPV); 

(vi) Designated duty engineer of 

vessels of not more than 1,000 

horsepower; or 

(vii) Apprentice mate (steersman) of 

towing vessels. 

(f) Persons serving or intending to 

serve in the merchant marine service are 

encouraged to take the earliest 

opportunity to ascertain, through 

examination, whether their visual 

acuity, color vision, hearing, and 

general physical condition where 

required, are such as to qualify them for 

service in that profession. Any physical 

impairment or medical condition which 

would render an applicant incompetent 

to perform the ordinary duties required 

of an officer at sea is cause for denial of 

an officer endorsement. 

(g) Applications for an original 

officer’s endorsement, raises of grade, 

extensions of route, or STCW 

endorsements must be current and up to 

date with respect to service and the 

physical examination, as appropriate. 

Physical examinations and applications 

are valid for 12 months from the date 

the application is approved. 

(h) Applicants for an endorsement as 

OUPV must meet the requirements for 

an officer endorsement. 

(i) The Officer in Charge, Marine 

Inspection (OCMI), may modify the 

service and examination requirements 

in this part to satisfy the unique 

qualification requirements of an 

applicant. The OCMI may also lower the 

age requirement for OUPV applicants. 

The authority granted by an officer 

endorsement will be restricted to reflect 

any modifications made under the 

authority of this paragraph. These 

restrictions may not be removed without 

the approval of the OCMI issuing the 

license or officer endorsement. 

■ 102. Revise newly redesignated 

§ 11.202 to read as follows: 

§ 11.202 STCW endorsements. 

(a) General. When an original MMC is 

issued, renewed, upgraded, or otherwise 

modified, the OCMI will determine 

whether the applicant needs to have an 

STCW endorsement for service on a 

seagoing vessel and then, if the 

applicant is qualified, will issue the 

appropriate endorsement. The OCMI 

will also issue an STCW endorsement at 

other times, if circumstances so require 

and if the applicant is qualified to hold 

the endorsement. 

(b) Basic safety training or instruction. 

Except as provided in paragraph (f) of 

this section, an STCW endorsement will 

be issued only when the candidate 

provides evidence of having achieved 

or, if training has been completed, 

having maintained the minimum 

standards of competence for the 

following four areas of basic safety 

within the previous five years upon 

assessment of a practical demonstration 

of skills and abilities: 

(1) Personal survival techniques as set 

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

(incorporated by reference, see 

§ 11.102). 

(2) Fire prevention and firefighting as 

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

Code (incorporated by reference, see 

§ 11.102). 

(3) Elementary first aid as set out in 

table A–VI/1–3 of the STCW Code 

(incorporated by reference, see 

§ 11.102). 

(4) Personal safety and social 

responsibilities as set out in table A–VI/ 

1–4 of the STCW Code (incorporated by 

reference, see § 11.102). 

(c) Competence in the use of 

Automatic Radar-Plotting Aids (ARPA). 

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

this section, each candidate for an 

STCW endorsement as master or mate 

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

of completion from an approved course 

or from accepted training on an ARPA 

simulator. The course or training must 

be sufficient to establish that the 

applicant is competent to maintain safe 

navigation through the proper use of 

ARPA by correctly interpreting and 

analyzing the information obtained from 

that device and taking into account both 

the limitations of the equipment and the 

prevailing circumstances and 

conditions. The simulator used in the 

course or training must meet or exceed 

the performance standards established 

under STCW Regulation I/12 

(incorporated by reference, see 

§ 11.102). 

(2) Training and assessment in the use 

of ARPA are not required for mariners 

serving exclusively on vessels not fitted 

with ARPA. However, when any 

mariner so serving has not completed it, 

his or her STCW endorsement will 

indicate this limitation. 

(d) Endorsement for operator of radio 

in the Global Maritime Distress and 

Safety System (GMDSS). (1) Subject to 

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

each candidate for an STCW 

endorsement as master or mate for 

service on vessels in ocean or nearcoastal service shall present: 

(i) A certificate for operator of radio 

in the GMDSS issued by the Federal 

Communications Commission (FCC); 

and 

(ii) A certificate of completion from a 

Coast Guard-approved or accepted 

course for operator of radio in the 

GMDSS or from another approved or 

accepted program of training and 

assessment covering the same areas of 

competence. The course or program 

must be sufficient to establish that the 

applicant is competent to perform radio 

duties on a vessel participating in the 

GMDSS and meets the standard of 

competence under STCW Regulation IV/ 

2 (incorporated by reference, see 

§ 11.102). 

(2) Paragraph (d)(1) of this section 

does not apply to a candidate intending 

to serve only as a pilot or intending to 

serve only on vessels not required to 

comply with the provisions of the 

GMDSS in Chapter IV of the Convention 

for the Safety of Life at Sea, 1974, as 

amended (SOLAS). SOLAS is available 

from the International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, 

England, telephone: + 44 (0)20 7735 

7611, http://www.imo.org. 

(3) Each candidate presenting a 

certificate described in paragraph (d)(1) 

of this section may receive a GMDSS 

endorsement. 

(e) Procedures for bridge team work. 

Except as otherwise provided in 

paragraph (f) of this section, each 

candidate for an STCW endorsement as 

master or mate for service on vessels in 

ocean or near-coastal service must 

present sufficient documentary proof 

that he or she understands, and can 

effectively apply procedures for, bridge 

team work as an essential aspect of 

maintaining a safe navigational watch, 

taking into account the principles of 

bridge-resource management 

enumerated in Section B–VIII/2 of the 

STCW Code. 

(f) Notwithstanding paragraph (b) 

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

§ 11.901, each mariner found qualified 

to hold any of the following officer 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11237 

endorsements will also be entitled to 

hold an STCW endorsement 

corresponding to the service or other 

limitations on the MMC, because the 

vessels concerned are not subject to 

further obligation under STCW because 

of their special operating conditions as 

small vessels engaged in domestic 

voyages: 

(1) Masters, mates, or engineers 

endorsed for service on small passenger 

vessels that are subject to subchapter T 

or K of this chapter and that operate 

beyond the boundary line. 

(2) Masters, mates, or engineers 

endorsed for service on seagoing vessels 

of less than 200 gross register tons 

(GRT), other than passenger vessels 

subject to subchapter H of this chapter. 

(g) No mariner serving on, and no 

owner or operator of any of the 

following vessels, need hold an STCW 

endorsement, because they are exempt 

from application of STCW: 

(1) Uninspected passenger vessels as 

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

(2) Fishing vessels as defined in 46 

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

(3) Fishing vessels used as fish-tender 

vessels as defined in 46 U.S.C. 

2101(11)(c). 

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

2101(2), including non-self-propelled 

mobile offshore drilling units. 

(5) Vessels operating exclusively on 

the Great Lakes or on the inland waters 

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

inside passage. 

§ 11.203 [Removed and Reserved] 

■ 103. Remove and reserve newly 

redesignated § 11.203. 

§ 11.204 [Removed and Reserved] 

■ 104. Remove and reserve newly 

redesignated § 11.204. 

■ 105. Revise newly redesignated 

§ 11.205 to read as follows: 

§ 11.205 Requirements for original officer 

endorsements and STCW endorsements. 

(a) General. In addition to the 

requirements in part 10 of this chapter 

and §§ 11.201 through 11.203 of this 

part, the applicant for an original officer 

endorsement must also satisfy the 

requirements of this section. 

(b) Experience or training. (1) All 

applicants for original officer or STCW 

endorsements shall present to the OCMI 

letters, discharges, or other documents 

certifying the amount and character of 

their experience and the names, 

tonnage, and horsepower of the vessels 

on which acquired. The OCMI must be 

satisfied as to the authenticity and 

acceptability of all evidence of 

experience or training presented. 

Certificates of discharge are returned to 

the applicant. The OCMI shall note on 

the application that service represented 

by these documents has been verified. 

All other documentary evidence of 

service, or authentic copies thereof, is 

filed with the application. An MMC is 

not considered as satisfactory evidence 

of any qualifying experience. 

(2) No original officer or STCW 

endorsement may be issued to any 

naturalized citizen based on less 

experience in any grade or capacity than 

would have been required of a citizen of 

the United States by birth. 

(3) Experience and service acquired 

on foreign vessels is creditable for 

establishing eligibility for an original 

officer or STCW endorsement, subject to 

evaluation by the OCMI to determine 

that it is a fair and reasonable equivalent 

to service acquired on merchant vessels 

of the United States, with respect to 

grade, tonnage, horsepower, waters, and 

operating conditions. An applicant who 

has obtained qualifying experience on 

foreign vessels shall submit satisfactory 

documentary evidence of such service 

(including any necessary translation 

into English) in the forms prescribed by 

paragraph (b)(1) of this section. 

(4) No applicant for an original officer 

or STCW endorsement who is a 

naturalized citizen, and who has 

obtained experience on foreign vessels, 

will be given an original officer 

endorsement in a grade higher than that 

upon which he or she has actually 

served while acting under the authority 

of a foreign credential. 

(c) Character check and references. (1) 

Each applicant for an original officer or 

STCW endorsement must submit 

written recommendations concerning 

the applicant’s suitability for duty from 

a master and two other individuals 

holding officer endorsements or licenses 

on vessels on which the applicant has 

served. 

(i) For an officer endorsement as 

engineer or as pilot, at least one of the 

recommendations must be from the 

chief engineer or pilot, respectively, of 

a vessel on which the applicant has 

served. 

(ii) For an officer endorsement as 

engineer where service was obtained on 

vessels not carrying a credentialed 

engineer and for an officer endorsement 

as master or mate (pilot) of towing 

vessels, the recommendations may be by 

recent marine employers with at least 

one recommendation from a master, 

operator, or person in charge of a vessel 

upon which the applicant has served. 

(iii) For an officer endorsement as 

offshore installation manager, barge 

supervisor, or ballast control operator, at 

least one recommendation must be from 

an offshore installation manager of a 

unit on which the applicant has served. 

(iv) Where an applicant qualifies for 

an endorsement through an approved 

training school or program, one of the 

character references must be an official 

of that school or program. 

(v) For an endorsement for which no 

commercial experience may be required, 

such as master or mate 25–200 gross 

tons, OUPV, radio officer, or certificate 

of registry, the applicant may have the 

written recommendations of three 

persons who have knowledge of the 

applicant’s suitability for duty. 

(vi) A person may apply for an 

original officer or STCW endorsement, 

or officer or STCW endorsement of a 

different type, while on probation as a 

result of administrative action under 

part 5 of this chapter. The offense for 

which the applicant was placed on 

probation will be considered in 

determining his or her fitness to hold 

the endorsement applied for. An officer 

or STCW endorsement issued to an 

applicant on probation will be subject to 

the same probationary conditions as 

were imposed against the applicant’s 

other credential. An applicant may not 

take an examination for an officer or 

STCW endorsement during any period 

when a suspension without probation or 

a revocation is effective against the 

applicant’s currently held license, 

merchant mariner’s document, or MMC, 

or while an appeal from these actions is 

pending. 

(vii) If an original license, certificate 

of registry, or officer endorsement has 

been issued when information about the 

applicant’s habits of life and character is 

brought to the attention of the OCMI, if 

such information warrants the belief 

that the applicant cannot be entrusted 

with the duties and responsibilities of 

the license, certificate of registry, or 

endorsement issued, or if such 

information indicates that the 

application for the license, certificate of 

registry, or endorsement was false or 

incomplete, the OCMI may notify the 

holder in writing that the license, 

certificate of registry, or endorsement is 

considered null and void, direct the 

holder to return the credential to the 

OCMI, and advise the holder that, upon 

return of the credential, the appeal 

procedures of § 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 

11238 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

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

Crews in Firefighting. (Available from 

the International Maritime Organization 

(IMO), 4 Albert Embankment, London 

SE1 7SR, England, telephone: + 44 (0)20 

7735 7611, http://www.imo.org). The 

course must have been completed 

within five years before the date of 

application for the officer endorsement 

requested. 

(1) Officer endorsement as master on 

vessels of 200 GRT or less in ocean 

service. 

(2) Officer endorsements as master or 

mate on vessels of more than 200 GRT. 

(3) All officer endorsements for 

master or mate (pilot) of towing vessels, 

except apprentice mate (steersman) of 

the vessels, on oceans. 

(4) All officer endorsements for 

MODUs. 

(5) All officer endorsements for 

engineers. 

(e) First aid and cardiopulmonary 

resuscitation (CPR) course certificates. 

All applicants for an original officer 

endorsement, except as provided in 

§§ 11.429, 11.456, and 11.467 of this 

part, must present to the OCMI: 

(1) A certificate indicating completion 

of a first aid course not more than one 

year from the date of application from: 

(i) The American National Red Cross 

Standard First Aid and Emergency Care 

or Multi-media Standard First Aid 

course; 

(ii) A Coast Guard-approved first aid 

training course; or 

(iii) A course the OCMI determines 

meets or exceeds the standards of the 

American Red Cross courses; and 

(2) A currently valid certificate of 

completion of a CPR course from either: 

(i) The American National Red Cross; 

(ii) The American Heart Association; 

(iii) A Coast Guard-approved CPR 

training course; or 

(iv) A course the OCMI determines 

meets or exceeds the standards of the 

American Red Cross or American Heart 

Association courses. 

(f) Professional Examination. (1) 

When the OCMI finds the applicant’s 

experience and training to be 

satisfactory and the applicant is eligible 

in all other respects, the OCMI will 

authorize the examination in 

accordance with the following 

requirements: 

(i) Any applicant for a deck or 

engineer officer endorsement limited to 

vessels not exceeding 500 GRT, or an 

officer endorsement limited to 

uninspected fishing-industry vessels, 

may request an oral-assisted 

examination in lieu of any written or 

other textual examination. If there are 

textual questions that the applicant has 

difficulty reading and understanding, 

the OCMI will offer the oral-assisted 

examination. Each officer endorsement 

based on an oral-assisted examination is 

limited to the specific route and type of 

vessel upon which the applicant 

obtained the majority of service. 

(ii) The general instructions for 

administration of examinations and the 

lists of subjects for all officer 

endorsements appear in subpart I of this 

part. The OCMI will place in the 

applicant’s file a record indicating the 

subjects covered. 

(2) When the application of any 

person has been approved, the applicant 

should take the required examination as 

soon as practicable. If the applicant 

cannot be examined without delay at 

the office where the application is 

made, the applicant may request that 

the examination be given at another 

office. 

(3) The qualification requirements for 

radar observer are contained in § 11.480 

of this part. 

(4) An examination is not required for 

a staff officer or radio officer 

endorsement. 

(g) Practical demonstration of skills. 

Each candidate for an original STCW 

endorsement must successfully 

complete any practical demonstrations 

required under this part and appropriate 

to the particular endorsement 

concerned, to prove that he or she is 

sufficiently proficient in skills required 

under subpart I of this part. The OCMI 

must be satisfied with the authenticity 

and acceptability of all evidence that 

each candidate has successfully 

completed the demonstrations required 

under this part in the presence of a 

designated examiner. The OCMI will 

place a written or electronic record of 

the skills required, the results of the 

practical demonstrations, and the 

identification of the designated 

examiner in whose presence the 

requirements were fulfilled in the file of 

each candidate. 

§ 11.207 [Removed and Reserved] 

■ 106. Remove and reserve newly 

redesignated § 11.207. 

§ 11.209 [Removed and Reserved] 

■ 107. Remove and reserve newly 

redesignated § 11.209. 

§ 11.210 [Removed and Reserved] 

■ 108. Remove and reserve newly 

redesignated § 11.210. 

■ 109. In newly redesignated § 11.211— 

■ a. Revise the section heading; 

■ b. In paragraph (a), remove the words 

‘‘licensing purposes’’ and add, in their 

place, the words, ‘‘the purposes of this 

part’’; and remove the words ‘‘officials 

or licensed masters’’ and add, in their 

place, the words ‘‘officials, or 

individuals holding an officer 

endorsement or license as master’’; 

■ c. In paragraph (b) introductory text, 

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

its place, the words ‘‘officer 

endorsement’’; 

■ d. Revise paragraph (c); and 

■ e. In paragraph (d), in the first 

sentence, remove the word ‘‘licenses’’ 

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

endorsement’’; and in the second 

sentence, remove the word ‘‘license’’ 

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

endorsement’’. 

The revisions read as follows: 

§ 11.211 Creditable service and 

equivalents for officer endorsements. 

* * * * * 

(c) Service on mobile offshore drilling 

units is creditable for raise of grade of 

officer endorsement. Evidence of one 

year’s service as mate or equivalent 

while holding a license as third mate, or 

as engineering officer of the watch or 

equivalent while holding an officer 

endorsement or license as third assistant 

engineer, is acceptable for a raise of 

grade to second mate or second assistant 

engineer, respectively; however, any 

subsequent raises of grade of unlimited, 

nonrestricted officer licenses or 

endorsements must include a minimum 

of six months of service on conventional 

vessels. 

* * * * * 

§ 11.213 [Amended] 

■ 110. In newly redesignated § 11.213— 

■ a. In paragraph (a), in the first 

sentence, remove the word ‘‘licenses’’ 

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

endorsements’’; and in the fifth 

sentence, remove the word ‘‘license’’ 

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

endorsement’’; and in the last sentence, 

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

its place, the words ‘‘officer 

endorsement’’; 

■ b. In paragraph (b), remove the words 

‘‘licensing purposes’’ wherever they 

appear and add, in their place, the 

words ‘‘the purposes of this part’’; 

■ c. In paragraph (d), remove the word 

‘‘licenses’’ wherever it appears and add, 

in its place, the words ‘‘officer 

endorsements’’; after the words 

‘‘submitted for the’’ remove the word 

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

‘‘endorsement’’; and after the words 

‘‘submitted for an original’’, remove the 

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

words ‘‘officer endorsement’’; and 

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

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

officer endorsement’’. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11239 

§ 11.215 [Removed and Reserved] 

■ 111. Remove and reserve § 11.215. 

§ 11.217 [Amended] 

■ 112. In newly redesignated § 11.217— 

■ a. In the section heading, remove the 

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

the words ‘‘officer endorsements’’; 

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

‘‘deck and engineer unlimited’’, remove 

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

place, the words ‘‘officer 

endorsements’’; and remove the words 

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

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

in § 10.219 of this chapter’’; 

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

‘‘deck and engineer’’, remove the words 

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

words ‘‘officer endorsement’’; and 

remove the words ‘‘table 10.109 in 

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

words ‘‘table 10.219(a) in § 10.219 of 

this chapter’’; and 

■ d. In paragraph (b), remove the word 

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

‘‘endorsement’’; and remove the words 

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

their place, the words ‘‘the Coast Guard 

will provide the applicant’’. 

§ 11.219 [Removed and Reserved] 

■ 113. Remove and reserve newly 

redesignated § 11.219. 

§ 11.221 [Removed and Reserved] 

■ 114. Remove and reserve newly 

redesignated § 11.221. 

§ 11.223 [Removed and Reserved] 

■ 115. Remove and reserve newly 

redesignated § 11.223. 

§ 11.302 [Amended] 

■ 116. In newly redesignated 

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

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

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

■ 117. Revise newly designated § 11.304 

paragraphs (a), (c), (d), (e), (f), (g)(2), 

(g)(3), (g)(6), (g)(7), (h) introductory text, 

(h)(5), (h)(7), (h)(8), and (j) to read as 

follows: 

§ 11.304 Substitution of training for 

required service, use of training-record 

books, and use of towing officer 

assessment records. 

(a) Satisfactory completion of certain 

training courses approved by the 

Commandant may be substituted for a 

portion of the required service for many 

deck and engineer officer endorsements 

and for qualified rating endorsements. 

The list of all currently approved 

courses of instruction, including the 

equivalent service and applicable 

endorsements, is maintained by the 

National Maritime Center. Satisfactory 

completion of an approved training 

course may be substituted for not more 

than two-thirds of the required service 

on deck or in the engine department for 

deck or engineer officer endorsements, 

respectively, and qualified rating 

endorsements. 

* * * * * 

(c) Training obtained before receiving 

an officer endorsement may not be used 

for subsequent raises of grade. 

(d) Simulator training in combination 

with a Coast Guard-approved training 

course may be submitted to the 

Commanding Officer, National Maritime 

Center, for evaluation and 

determination of equivalency to 

required sea service. Simulator training 

cannot be substituted for recency 

requirements, but may substitute for a 

maximum of 25 percent of the required 

service for any officer endorsement 

transaction. 

(e) Except as provided in § 11.202 of 

this part, when a candidate both applies 

for an STCW endorsement as OICNW, 

on the basis of training or sea service, 

and uses completion of approved 

training to substitute for required 

service, then not less than one year of 

the remaining service must be part of 

approved training that meets the 

appropriate requirements of Chapter II 

of STCW (incorporated by reference, see 

§ 11.102) and the requirements of 

subpart C of this part. The training of a 

candidate must be documented in a 

Coast Guard-accepted training-record 

book. 

(f) Except as provided in § 11.202 of 

this part, each candidate who applies 

for an STCW endorsement as an OICEW 

on the basis of training or sea service for 

service on seagoing vessels, shall 

complete onboard training as part of 

approved training that meets the 

appropriate requirements of Chapter III 

of STCW (incorporated by reference, see 

§ 11.102) and the requirements of 

subpart C of this part. The training must 

be documented in a Coast Guardaccepted training-record book. 

(g) * * * 

(2) The tasks to be performed or the 

skills to be demonstrated, with reference 

to the standards of competence set forth 

in the tables of the appropriate sections 

in part A of the STCW Code 

(incorporated by reference, see 

§ 11.102). 

(3) The criteria to be used in 

determining that the tasks or skills have 

been performed properly, again with 

reference to the standards of 

competence set forth in the tables of the 

appropriate sections in part A of the 

STCW Code (incorporated by reference, 

see § 11.102). 

* * * * * 

(6) The identity of each qualified 

instructor, including any MMC 

endorsements, license, or document 

held, and the instructor’s signature. 

(7) The identity of each designated 

examiner, when any assessment of 

competence is recorded, including any 

MMC endorsement, license, or 

document held, and the examiner’s 

signature confirming that his or her 

initials certify that he or she has 

witnessed the practical demonstration 

of a particular task or skill by the 

candidate. 

(h) Each applicant for an endorsement 

as master or mate (pilot) of towing 

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

GRT seeking an endorsement for towing 

vessels, shall complete a towing officers’ 

assessment record that contains at least 

the following: 

* * * * * 

(5) A place for a qualified instructor 

or credentialed officer (with authority to 

operate a towing vessel) to indicate by 

his or her initials that the candidate has 

received training in the proper 

performance of the tasks or skills. 

* * * * * 

(7) Identification of each qualified 

instructor or credentialed officer (with 

authority to operate a towing vessel) by 

full name, home address, employer, job 

title, ship name or business address, 

MMC, license, or document held, and 

personal signature. 

(8) Identification of each designated 

examiner by full name, home address, 

employer, job title, ship name or 

business address, serial number of the 

TWIC, MMC, license, or document held, 

and personal signature confirming that 

his or her initials certify that he or she 

has witnessed the practical 

demonstration of a particular task or 

skill by the candidate. 

* * * * * 

(j) Substitution of a training program 

in lieu of required service for an 

endorsement as mate (pilot) of towing 

vessels is governed by § 11.465(a) and 

Table 11.465–1 of this part. 

§ 11.309 [Amended] 

■ 118. In newly redesignated § 11.309— 

■ a. In paragraph (a) introductory text, 

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

in its place, the citation ‘‘§ 11.302’’; after 

the words ‘‘hold an STCW’’, remove the 

words ‘‘certificate or’’; and remove the 

words ‘‘for service on or after February 

1, 2002’’; 

11240 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

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

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

‘‘officer’’; 

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

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

MMC,’’; 

■ d. In paragraph (b), in the second 

sentence, remove the word ‘‘licenses’’ 

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

■ e. In paragraph (c)(2), remove the 

words ‘‘(G–MOC)’’ and add, in their 

place, the words ‘‘(CG–543)’’; and 

■ f. In paragraph (c)(3), remove the 

words ‘‘STCW endorsement’’ and add, 

in their place, the words ‘‘officer or 

STCW endorsements’’. 

Subpart D—Professional 

Requirements for Deck Officers 

■ 119. Revise the heading for subpart D 

to read as set forth above. 

■ 120. Revise newly redesignated 

§ 11.401 to read as follows: 

§ 11.401 Ocean and near-coastal officer or 

STCW endorsements. 

(a) Any license or MMC endorsement 

for service as master or mate on ocean 

waters qualifies the mariner to serve in 

the same grade on any waters, subject to 

the limitations of the endorsement. 

(b) A license or MMC endorsement 

issued for service as master or mate on 

near-coastal waters qualifies the mariner 

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

subject to the limitations of the 

endorsement. 

(c) Near-coastal endorsements for any 

gross tons require the same number of 

years of service as the ocean-unlimited 

endorsements. The primary differences 

in these endorsements are the nature of 

the service and the professional 

examination as explained in subpart I of 

this part. 

(d) A mariner having a master or mate 

near-coastal license or MMC 

endorsement obtained with ocean 

service may have an MMC endorsed for 

ocean service by completing the 

appropriate examination deficiencies, 

provided that the additional service 

requirements of paragraph (e) of this 

section do not apply. 

(e) Master or third mate near-coastal 

unlimited endorsements may be 

obtained by completing the prescribed 

examination in subpart I of this part and 

satisfying the requirements of paragraph 

(g) of this section while holding a 

license or MMC endorsement as 

unlimited master or mate, respectively, 

upon Great Lakes and inland waters. To 

have a near-coastal-unlimited 

endorsement obtained in this manner 

endorsed for ocean service, the mariner 

must obtain 12 months of service as a 

deck-watch officer or higher on ocean 

waters on vessels of 1,600 GRT or over, 

in addition to completing the 

examination topics. 

(f) Masters and mates endorsements 

for service on vessels of more than 200 

gross tons may be endorsed for sail or 

auxiliary sail as appropriate. The 

applicant must present the equivalent 

total qualifying service required for 

conventional officer endorsements 

including at least one year of deck 

experience on that specific type of 

vessel. For example, for an officer 

endorsement as a master of vessels of 

not more than 1,600 gross tons endorsed 

for auxiliary sail, the applicant must 

meet the total experience requirements 

for the conventional officer 

endorsement, including time as mate 

and the proper tonnage experience, 

including at least one year of deck 

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

on vessels of 200 gross tons or less, see 

individual endorsement requirements. 

(g) In order to obtain a master or mate 

endorsement with a tonnage limit above 

200 gross tons, or an endorsement for 

200 gross tons or less with an ocean 

route, whether an original, raise in 

grade, or increase in the scope of the 

endorsement authority to a higher 

tonnage category, the applicant must 

successfully complete the following 

training and examination requirements: 

(1) Approved firefighting course; 

(2) Approved radar-observer course; 

and 

(3) Qualification as an able seaman 

unlimited or able seaman limited (able 

seaman special or able seaman offshore 

supply vessels satisfy the able seaman 

requirement for endorsements 

permitting service on vessels of 1,600 

gross tons or less). 

(h) Each applicant for a deck officer 

endorsement, which authorizes service 

on vessels above 1,600 gross tons on 

ocean or near-coastal waters, whether 

original or raise of grade, must pass a 

practical-signaling examination 

(flashing light). An applicant who fails 

in practical signaling, but passes every 

other part of the examination, may be 

issued an endorsement with a 1,600 

gross ton limitation. The tonnage 

limitation can be removed upon 

successful completion of the signaling 

examination. 

■ 121. In newly redesignated § 11.402— 

■ a. Revise the section heading; 

■ b. In paragraph (a), remove the word 

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

‘‘endorsement’’; 

■ c. Revise paragraph (b); 

■ d. In paragraph (c)(1), remove the 

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

the word ‘‘endorsed’’; 

■ e. In paragraph (c)(2), remove the 

words ‘‘licensed capacity’’ and add, in 

their place, the words ‘‘capacity as an 

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

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

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

words ‘‘next higher grade’’, remove the 

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

word ‘‘endorsement’’; and after the 

words ‘‘limited license’’, add the words 

‘‘or MMC endorsement’’; 

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

‘‘a license’’, add the words ‘‘or 

endorsement’’; and after the words 

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

‘‘or MMC endorsement’’; and 

■ g. In paragraph (d), after the word 

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

words ‘‘or endorsements’’. 

The revisions read as follows: 

§ 11.402 Tonnage requirements for ocean 

or near coastal endorsements for vessels of 

over 1600 gross tons. 

* * * * * 

(b) If the applicant for an endorsement 

as master or mate does not have the 

service on vessels over 1600 gross tons 

required by paragraph (a) of this section, 

or is qualifying for third mate under the 

provisions of § 11.407(c) of this subpart, 

a tonnage limitation is placed on the 

endorsement based on the applicant’s 

qualifying experience. The endorsement 

is limited to the maximum tonnage on 

which at least 25 percent of the required 

experience was obtained, or 150 percent 

of the maximum tonnage on which at 

least 50 percent of the service was 

obtained, whichever is higher. 

Limitations are in multiples of 1000 

gross tons, using the next higher figure 

when an intermediate tonnage is 

calculated. When the calculated 

limitation equals or exceeds 10,000 

gross tons, the applicant is issued an 

unlimited tonnage endorsement. 

* * * * * 

■ 122. Revise § 11.403 to read as 

follows: 

§ 11.403 Structure of deck officer 

endorsements. 

The following diagram illustrates the 

deck officer endorsement structure, 

including cross over points. The section 

numbers on the diagram refer to the 

specific requirements applicable. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11241 

§ 11.404 [Amended] 

■ 123. In newly redesignated § 11.404— 

■ a. In the introductory text, remove the 

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

words ‘‘an endorsement’’; and 

■ b. In paragraph (b) introductory text, 

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

the words ‘‘or MMC endorsement’’. 

§ 11.405 [Amended] 

■ 124. In newly redesignated § 11.405, 

after the words ‘‘qualify an applicant 

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

add, in its place, the words ‘‘an 

endorsement’’; and after the words 

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

MMC endorsement’’. 

§ 11.406 [Amended] 

■ 125. In newly redesignated § 11.406— 

■ a. In the introductory text, remove the 

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

words ‘‘an endorsement’’; 

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

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

endorsement’’; 

■ c. In paragraph (b) introductory text, 

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

the words ‘‘or MMC endorsement’’; 

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

‘‘holding a certificate’’, add the words 

‘‘or MMC endorsement’’; and 

■ e. In paragraph (c), remove the words 

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

words ‘‘An individual holding an 

endorsement or license as’’; and after 

the words ‘‘may obtain’’, remove the 

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

place, the words ‘‘an endorsement’’. 

§ 11.407 [Amended] 

■ 126. In newly redesignated § 11.407— 

■ a. In paragraph (a) introductory text, 

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

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

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

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

endorsement’’; and remove the word 

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

words ‘‘officer endorsement’’; 

■ c. In paragraph (b), remove the words 

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

words ‘‘an endorsement’’; and 

■ d. In paragraph (c), after the words 

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

MMC endorsement’’; and after the 

words ‘‘qualify the applicant for’’, 

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

in their place, the words ‘‘an 

endorsement’’. 

§ 11.410 [Amended] 

■ 127. In newly redesignated § 11.410— 

■ a. In the section heading, remove the 

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

the words ‘‘officer endorsements’’; 

■ b. In paragraph (a) introductory text, 

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

its place, the word ‘‘Endorsements’’; 

■ c. In paragraph (b), remove the word 

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

‘‘endorsement’’; and 

■ d. In paragraph (c), remove the words 

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

words ‘‘An officer’s endorsement’’. 

§ 11.412 [Amended] 

■ 128. In newly redesignated § 11.412— 

■ a. In the introductory text, remove the 

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

place, the words ‘‘an endorsement’’; 

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

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

MMC endorsement’’; and remove the 

words ‘‘master, mate master or mate 

(pilot)’’ wherever they appear and add, 

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

master or mate (pilot)’’; and 

■ c. In paragraph (b), after the words 

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

MMC endorsement’’; and after the 

words ‘‘eligible for this’’, remove the 

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

word ‘‘endorsement’’. 

§ 11.414 [Amended] 

■ 129. In newly redesignated § 11.414— 

■ a. In the introductory text, remove the 

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

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

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

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

MMC endorsement’’; and remove the 

words ‘‘master, mate master or mate 


ER16MR09.002</GPH>
11242 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(pilot)’’ wherever they appear and add, 

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

master or mate (pilot)’’. 

§ 11.416 [Amended] 

■ 130. In newly redesignated § 11.416 

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

add, in their place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.418 [Amended] 

■ 131. In newly redesignated § 11.418— 

■ a. In the introductory text, remove the 

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

place, the words ‘‘an endorsement’’; 

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

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

MMC endorsement’’; 

■ c. In paragraph (b), after the words 

‘‘The holder of a license’’, add the 

words ‘‘or MMC endorsement’’; and 

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

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

place, the words ‘‘an endorsement’’. 

§ 11.420 [Amended] 

■ 132. In newly redesignated § 11.420 

text, after the words ‘‘qualify an 

applicant for’’ remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’; and after the 

words ‘‘position while holding a 

license’’, add the words ‘‘or 

endorsement’’. 

§ 11.421 [Amended] 

■ 133. In newly redesignated § 11.421 

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

add, in their place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.422 [Amended] 

■ 134. In newly redesignated § 11.422— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

■ b. In paragraph (a), remove the word 

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

word ‘‘endorsements’’; and remove the 

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

word ‘‘endorsement’’; 

■ c. In paragraph (b) introductory text, 

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

its place, the word ‘‘endorsements’’; 

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

remove the word ‘‘license’’ wherever it 

appears and add, in its place, the word 

‘‘endorsement’’; 

■ e. In paragraph (b)(3), remove the 

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

words ‘‘officer endorsement’’; 

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

‘‘increment on the’’, remove the word 

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

words ‘‘officer’s license or MMC 

endorsement’’; 

■ g. In paragraph (c), after the words 

‘‘vessels upon which’’, remove the 

words ‘‘licensed personnel are not 

required’’ and add, in their place, the 

words ‘‘no personnel need an officer 

endorsement or license’’; and after the 

words ‘‘required to engage’’, remove the 

words ‘‘licensed individuals’’ and add, 

in their place, the words ‘‘individuals 

with officer endorsements’’; and 

■ h. In paragraph (e), remove the word 

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

words ‘‘officer endorsement’’. 

§ 11.424 [Amended] 

■ 135. In newly redesignated § 11.424— 

■ a. In paragraph (a) introductory text, 

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

in their place, the words ‘‘an officer 

endorsement’’; 

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

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

MMC endorsement’’; 

■ c. In paragraph (a)(2), remove the 

word ‘‘licensed’’; 

■ d. In paragraph (b), remove the words 

‘‘endorsement on this license’’ and add, 

in their place, the words ‘‘officer 

endorsement’’; and after the words 

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

MMC endorsement’’; and 

■ e. In paragraph (c), remove the words 

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

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

§ 11.426 [Amended] 

■ 136. In newly redesignated § 11.426— 

■ a. In paragraph (a) introductory text, 

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

in their place, the words ‘‘an 

endorsement’’; 

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

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

endorsement’’; 

■ c. In paragraph (a)(2), remove the 

word ‘‘licensed’’; and 

■ d. In paragraph (b), remove the words 

‘‘an endorsement on this license’’ and 

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

endorsement’’; and after the words ‘‘of 

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

MMC endorsement’’. 

§ 11.427 [Amended] 

■ 137. In newly redesignated § 11.427— 

■ a. In paragraph (a) introductory text, 

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

its place, the word ‘‘endorsement’’; 

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

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

MMC endorsement’’; 

■ c. In paragraph (b), after the words 

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

MMC endorsement’’; and after the 

words ‘‘may obtain this’’, remove the 

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

word ‘‘endorsement’’; 

■ d. In paragraph (c), remove the words 

‘‘an endorsement on this license’’ and 

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

endorsement’’; 

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

license’’, add the words ‘‘or MMC 

endorsement’’; and 

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

tonnage endorsement’’, remove the 

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

word ‘‘for’’. 

§ 11.428 [Amended] 

■ 138. In newly redesignated § 11.428— 

■ a. In paragraph (a), remove the words 

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

words ‘‘an endorsement’’; and 

■ b. In paragraph (b), remove the words 

‘‘endorsement on this license’’ and add, 

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

and after the words ‘‘issuance of the 

license’’, add the words ‘‘or MMC 

endorsement’’. 

§ 11.429 [Amended] 

■ 139. In newly redesignated § 11.429— 

■ a. In paragraph (a) introductory text, 

after the words ‘‘Limited masters’’’, 

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

its place, the word ‘‘endorsements’’; 

after the words ‘‘educational 

institutions.’’, remove the words ‘‘A 

license’’ and add, in their place, the 

words ‘‘An endorsement’’; and after the 

words ‘‘obtain this restricted’’, remove 

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

the word ‘‘endorsement’’; 

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

‘‘for which the’’ remove the word 

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

‘‘endorsement’’; 

■ c. In paragraph (b), remove the words 

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

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

■ d. In paragraph (c), after the words 

‘‘obtain an endorsement’’, remove the 

words ‘‘on this license’’ and after the 

words ‘‘issuance of the license’’ add the 

words ‘‘or MMC endorsement’’. 

§ 11.430 [Amended] 

■ 140. In newly redesignated § 11.430— 

■ a. In the section heading, remove the 

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

the word ‘‘Endorsements’’; and 

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

license’’, wherever they appear, add the 

words ‘‘or MMC endorsement’’; after the 

word ‘‘licenses’’, wherever it appears, 

add the words ‘‘and MMC 

endorsements’’; and, after the words 

‘‘COLREGS or the’’, remove the words 

‘‘license must be endorsed with an 

exclusion from’’ and add, in their place, 

the words ‘‘endorsement must exclude’’. 

§ 11.431 [Amended] 

■ 141. In newly redesignated § 11.431— 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11243 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

■ b. In paragraph (a), remove the word 

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

word ‘‘endorsements’’; and 

■ c. In paragraph (b), remove the word 

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

word ‘‘endorsements’’; and remove the 

citation ‘‘§ 10.402’’ and add, in its place, 

the citation ‘‘§ 11.402’’. 

§ 11.433 [Amended] 

■ 142. In newly redesignated § 11.433— 

■ a. In the introductory text, remove the 

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

words ‘‘an endorsement’’; and 

■ b. In paragraph (c), after the words 

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

MMC endorsement’’. 

§ 11.435 [Amended] 

■ 143. In newly redesignated § 11.435— 

■ a. In the introductory text, remove the 

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

the word ‘‘an endorsement’’; and 

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

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

words ‘‘or MMC endorsement’’. 

§ 11.437 [Amended] 

■ 144. In newly redesignated § 11.437— 

■ a. In paragraph (a) introductory text, 

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

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

and 

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

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

MMC endorsement’’. 

§ 11.442 [Amended] 

■ 145. In newly redesignated § 11.442— 

■ a. In the introductory text, remove the 

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

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

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

words ‘‘holding a license’’, wherever 

they appear, add the words ‘‘or MMC 

endorsement’’. 

§ 11.444 [Amended] 

■ 146. In newly redesignated § 11.444— 

■ a. In the introductory text, remove the 

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

words ‘‘an endorsement’’; 

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

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’; and 

■ c. In paragraph (b), after the words 

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

MMC endorsement’’. 

§ 11.446 [Amended] 

■ 147. In newly redesignated § 11.446— 

■ a. In the introductory text, remove the 

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

place, the words ‘‘an endorsement’’; 

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

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

MMC endorsement’’; and 

■ c. In paragraph (b), after the words 

‘‘holding a license’’, wherever they 

appear, add the words ‘‘or MMC 

endorsement’’; and after the words 

‘‘eligible for this’’, remove the word 

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

‘‘endorsement’’. 

§ 11.448 [Amended] 

■ 148. In newly redesignated § 11.448 

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

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

in their place, the words ‘‘an 

endorsement’’; and after the words 

‘‘holding a certificate’’, add the words 

‘‘or endorsement’’. 

§ 11.450 [Amended] 

■ 149. In newly redesignated § 11.450— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

■ b. In paragraph (a), remove the word 

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

word ‘‘endorsements’’; and remove the 

citation ‘‘§ 10.422’’ each time it appears 

and add, in its place, the citation 

‘‘§ 11.422’’; 

■ c. In paragraph (c), after the words 

‘‘vessels upon which’’, remove the 

words ‘‘licensed personnel’’ and add, in 

their place, the words ‘‘personnel with 

licenses or endorsements’’; and, after 

the words ‘‘required to engage’’, remove 

the words ‘‘licensed individuals’’ and 

add, in their place, the words 

‘‘individuals with endorsements’’; and 

■ d. In paragraph (d), remove the word 

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

‘‘endorsement’’. 

§ 11.452 [Amended] 

■ 150. In newly redesignated § 11.452— 

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

‘‘qualify an applicant for’’, remove the 

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

place, the words ‘‘an endorsement’’; 

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

the words ‘‘or MMC endorsement’’; and 

after the words ‘‘otherwise the’’, remove 

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

the word ‘‘endorsement’’; and 

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

order to obtain an endorsement’’, 

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

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

the words ‘‘or MMC endorsement’’. 

§ 11.454 [Amended] 

■ 151. In newly redesignated § 11.454— 

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

‘‘qualify an applicant for’’, remove the 

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

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

after the words ‘‘otherwise the’’, remove 

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

the word ‘‘endorsement’’; 

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

order to obtain an endorsement’’, 

remove the words ‘‘on this license’’; 

■ c. In paragraph (c), before the words 

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

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

words ‘‘An endorsement’’; and 

■ d. In paragraph (d), after the words 

‘‘The holder of a license’’, add the 

words ‘‘or MMC endorsement’’; after the 

words ‘‘may obtain this’’, remove the 

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

word ‘‘endorsement’’; and after the 

words ‘‘otherwise the’’, remove the 

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

word ‘‘endorsement’’. 

§ 11.455 [Amended] 

■ 152. In newly redesignated § 11.455— 

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

‘‘qualify an applicant for’’, remove the 

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

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

after the words ‘‘otherwise the’’, remove 

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

the word ‘‘endorsement’’; and 

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

order to obtain an endorsement’’, 

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

after the words ‘‘issuance of the’’, 

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

its place, the word ‘‘endorsement’’. 

§ 11.456 [Amended] 

■ 153. In newly redesignated § 11.456— 

■ a. In the introductory text, in the first 

sentence, after the words ‘‘Limited 

masters’’’, remove the word ‘‘licenses’’ 

and add, in its place, the word 

‘‘endorsements’’; in the second 

sentence, remove the words ‘‘A license’’ 

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

endorsement’’; and in the last sentence, 

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

its place, the word ‘‘endorsement’’; 

■ b. In paragraph (a), remove the word 

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

‘‘endorsement’’; and 

■ c. In paragraph (d), after the words 

‘‘required by’’, remove the citation 

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

citation ‘‘§ 11.205(e)’’. 

§ 11.457 [Amended] 

■ 154. In newly redesignated § 11.457— 

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

‘‘An applicant for’’, remove the words 

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

words ‘‘an endorsement’’; and after the 

words ‘‘requirements of’’, remove the 

citation ‘‘§ 10.452’’ and add, in its place, 

the citation ‘‘§ 11.452’’; and 

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

order to obtain an endorsement’’, 

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

after the words ‘‘issuance of the 

license’’, add the words ‘‘or MMC 

endorsement’’. 

11244 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§ 11.459 [Amended] 

■ 155. In newly redesignated § 11.459— 

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

‘‘An applicant for’’, remove the words 

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

words ‘‘an endorsement’’; and 

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

‘‘An applicant for’’, remove the words 

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

words ‘‘an endorsement’’; and after the 

words ‘‘and inland steam or motor’’, 

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

its place, the word ‘‘endorsement’’. 

■ 156. In newly designated § 11.462, 

revise the heading and paragraphs (a) 

introductory text, (b), (c) introductory 

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

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

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

(d)(4) introductory text, and (d)(4)(iv) 

through (vi) to read as follows: 

§ 11.462 Endorsements for master or mate 

of uninspected fishing industry vessels. 

(a) This section applies to 

endorsements for masters and mates of 

all vessels, however propelled 

navigating the high seas, which are 

documented to engage in the fishing 

industry, with the exception of: 

* * * * * 

(b) Endorsements as master or mate of 

uninspected fishing industry vessels are 

issued for either ocean or near-coastal 

routes, depending on the examination 

completed. To qualify for an 

uninspected fishing industry vessel 

endorsement, the applicant must satisfy 

the training and examination 

requirements of § 11.401(g) of this 

subpart. 

(c) An applicant for an endorsement 

as master of uninspected fishing 

industry vessels must have four years of 

total service on ocean or near coastal 

routes. Service on Great Lakes or inland 

waters may substitute for up to two 

years of the required service. One year 

of the required service must have been 

as master, mate, or equivalent 

supervisory position while holding a 

license or MMC endorsement as master, 

mate, master or mate (pilot) of towing 

vessels, or OUPV. 

(1) To qualify for an endorsement for 

not more than 500 gross tons, at least 

two years of the required service, 

including the one year as master, mate 

or equivalent, must have been on 

vessels of more than 50 gross tons. 

(2) To qualify for an endorsement for 

not more than 1,600 gross tons, at least 

two years of the required service, 

including the one year as master, mate, 

or equivalent, must have been on 

vessels of more than 100 gross tons. 

(3) To qualify for an endorsement for 

more than 1,600 gross tons, but not 

more than 5,000 gross tons, the vessel 

tonnage upon which the four years of 

required service was obtained will be 

used to compute the tonnage. The 

endorsement is limited to the maximum 

tonnage on which at least 25 percent of 

the required service was obtained or 150 

percent of the maximum tonnage on 

which at least 50 percent of the service 

was obtained, whichever is higher. 

Limitations are in multiples of 1,000 

gross tons, using the next higher figure 

when an intermediate tonnage is 

calculated. An endorsement as master of 

uninspected fishing industry vessels 

authorizing service on vessels more than 

1,600 gross tons also requires one year 

as master, mate, or equivalent on vessels 

more than 100 gross tons. 

(4) The tonnage limitation for this 

endorsement may be raised using one of 

the following methods but cannot 

exceed 5,000 gross tons. Limitations are 

in multiples of 1,000 gross tons, using 

the next higher figure when an 

intermediate tonnage is calculated. 

* * * * * 

(v) Two years of service as a deckhand 

on a vessel while holding a license or 

MMC endorsement as master results in 

a limitation on the MMC equal to 150 

percent of the tonnage of that vessel up 

to 5,000 gross tons; or 

(vi) One year of service as deckhand 

on a vessel while holding a license or 

MMC endorsement as master results in 

a limitation on the MMC equal to the 

tonnage of that vessel. 

(d) An applicant for an endorsement 

as mate of uninspected fishing industry 

vessels must have three years of total 

service on ocean or near-coastal routes. 

Service on Great Lakes or inland waters 

may substitute for up to 18 months of 

the required service. 

(1) To qualify for an endorsement of 

not more than 500 gross tons, at least 

one year of the required service must 

have been on vessels of more than 50 

gross tons. 

(2) To qualify for an endorsement of 

not more than 1,600 gross tons, at least 

one year of the required service must 

have been on vessels of more than 100 

gross tons. 

(3) To qualify for an endorsement of 

more than 1,600 gross tons, but not 

more than 5,000 gross tons, the vessel 

tonnage upon which the three years of 

required service was obtained will be 

used to compute the tonnage. The 

endorsement is limited to the maximum 

tonnage on which at least 25 percent of 

the required service was obtained, or 

150 percent of the maximum tonnage on 

which at least 50 percent of the service 

was obtained, whichever is higher. 

Limitations are in multiples of 1,000 

gross tons, using the next higher figure 

when an intermediate tonnage is 

calculated. 

(4) The tonnage limitation on this 

endorsement may be raised using one of 

the following methods, but cannot 

exceed 5,000 gross tons. Limitations are 

in multiples of 1000 gross tons, using 

the next higher figure when an 

intermediate tonnage is calculated. 

* * * * * 

(iv) One year of service as deckhand 

on vessels more than 1,600 gross tons 

while holding a license or MMC 

endorsement as mate, results in raising 

the limitation on the MMC to 5,000 

gross tons; 

(v) Two years of service as a deckhand 

on a vessel while holding a license or 

MMC endorsed as mate results in a 

limitation on the MMC equal to 150 

percent of the tonnage of that vessel up 

to 5,000 gross tons; or 

(vi) One year of service as deckhand 

on a vessel while holding a license or 

MMC endorsement as mate results in a 

limitation on the MMC equal to the 

tonnage of that vessel. 

* * * * * 

§ 11.463 [Amended] 

■ 157. In newly redesignated § 11.463— 

■ a. In the section heading, remove the 

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

place, the words ‘‘endorsements as’’; 

■ b. In paragraph (a) introductory text, 

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

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

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

the words ‘‘a license’’ wherever they 

appear and add, in their place, the 

words ‘‘an endorsement’’. 

■ 158. In newly redesignated § 11.464, 

revise the section heading, paragraphs 

(a) through (e), and paragraphs (f) 

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

read as follows: 

§ 11.464 Requirements for endorsements 

as master of towing vessels. 

(a) If you would like to obtain an 

endorsement as master of towing vessels 

with a route listed in column 1 of table 

11.464(a) of this section, then you must 

complete the service requirements 

indicated in columns 2 through 5. You 

may serve on the subordinate routes 

listed in column 6 without further 

endorsement. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11245 

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

Route endorsed Total service 2 TOS3 on T/V as 

mate (pilot) 

TOS3 on T/V as 

mate (pilot) not 

as harbor assist 

TOS3 on 

particular route 

Subordinate 

route authorized 

1 2 3 4 5 6 

(1) OCEANS (O) ...................................................... 48 18 of 48 ............ 12 of 18 ............ 3 of 18 .............. NC, GL–I 

(2) NEAR-COASTAL (NC) ....................................... 48 18 of 48 ............ 12 of 18 ............ 3 of 18 .............. GL–I 

(3) GREAT LAKES—INLAND (GL–I) ...................... 48 18 of 48 ............ 12 of 18 ............ 3 of 18.

(4) WESTERN RIVERS (WR) ................................. 48 18 of 48 ............ 12 of 18 ............ 3 of 18.

1 If you hold an endorsement as master of towing vessels you may have an endorsement-as mate (pilot) of towing vessels for a route superior 

to your current route on which you have no operating experience—placed on your MMC after passing an examination for that additional route. 

After you complete 90 days of experience and complete a Towing Officer’s Assessment Record on that route, we will add it to your endorsement 

as master of towing vessels and remove the one for mate (pilot) of towing vessels. 2Service is in months. 

3TOS is time of service. 

(b) If you would like to obtain an 

endorsement as master of towing vessels 

(limited), then you must complete the 

requirements listed in columns 2 

through 5 of table 11.464(b) of this 

section. 

TABLE 11.464(B)—REQUIREMENTS FOR ENDORSEMENT AS MASTER OF TOWING VESSELS

[Limited] 

Route endorsed Total service 1

TOS2 on T/V 

as limited 

apprentice mate 

(steersman) 

TOAR or an 

approved course 

TOS2 on 

particular route 

1 2 3 4 5 

LIMITED LOCAL AREA (LLA) ................................................................ 36 18 of 48 ............ 12 of 18 ............ 3 of 18. 

1Service is in months. 

2TOS is time of service. 

(c) If you hold a license or MMC 

endorsement as mate (pilot) of towing 

vessels, you may have master of towing 

vessels (limited) added to your MMC for 

a limited local area within the scope of 

your current route. 

(d) Before you serve as master of 

towing vessels on the Western Rivers, 

you must possess 90 days of observation 

and training and have your MMC 

include an endorsement for Western 

Rivers. 

(e) Each company must maintain 

evidence that every vessel it operates is 

under the direction and control of a 

mariner with the appropriate 

endorsement and experience, including 

30 days of observation and training on 

the intended route other than Western 

Rivers. 

(f) If you hold a license or MMC 

endorsement as a master of steam or 

motor vessels of greater than 200 gross 

register tons, you may operate towing 

vessels within any restrictions on your 

endorsement if you: 

(2) * * * 

(i) Hold a completed Towing Officer’s 

Assessment Record (TOAR) described in 

§ 11.304(h) that shows evidence of 

assessment of practical demonstration of 

skills; or 

* * * * * 

(3) Your license or MMC does not 

need to include a towing endorsement 

if you hold a TOAR or complete an 

approved training course. 

* * * * * 

■ 159. In newly redesignated § 11.465, 

revise the heading and paragraphs (a) 

through (c), (d) introductory text, (d)(2), 

(e) introductory text, (e)(1), and (f), and 

designate the undesignated text 

following (d)(2) as (d)(3) to read as 

follows: 

§ 11.465 Requirements for endorsements 

as mate (pilot) of towing vessels. 

(a) If you would like to obtain an 

endorsement as mate (pilot) of towing 

vessels endorsed with a route listed in 

column 1 of table 11.465(a) of this 

section, then you must complete the 

service in columns 2 through 5. If you 

hold a license or MMC endorsement as 

master of towing vessels (limited) and 

would like to upgrade it to mate (pilot) 

of towing vessels, then you must 

complete the service in columns 5 and 

6. An endorsement with a route 

endorsed in column 1 authorizes service 

on the subordinate routes listed in 

column 7 without further endorsement. 

Time of service requirements as an 

apprentice mate (steersman) of towing 

vessels may be reduced by an amount 

equal to the time specified in the 

approval letter for the completed Coast 

Guard-approved training programs. 

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

Route endorsed Total service 2

TOS3 on T/V as 

apprentice mate 

(steersman) 5

TOS3 on 

particular route 

TOAR 4 or an 

approved course 

30 days of observation 

and training while 

holding master (limited) 

and pass a limited 

examination 

Subordinate 

route authorized 

1 2 3 4 5 6 7 

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

11246 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

TABLE 11.465–1—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT 1) OF TOWING VESSELS—Continued 

Route endorsed Total service 2

TOS3 on T/V as 

apprentice mate 

(steersman) 5

TOS3 on 

particular route 

TOAR 4 or an 

approved course 

30 days of observation 

and training while 

holding master (limited) 

and pass a limited 

examination 

Subordinate 

route authorized 

1 2 3 4 5 6 7 

(2) NEAR-COASTAL 

(NC).

30 12 of 30 ............ 3 of 12 .............. YES .................. YES .............................. GL–I 

(3) GREAT LAKES-INLAND (GL-I).30 12 of 30 ............ 3 of 12 .............. YES .................. YES ..............................

(5) WESTERN RIVERS 

(WR).

30 12 of 30 ............ 3 of 12 .............. YES .................. NO (90 days service required).

1For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. 

All qualifications and equivalencies are the same. 2Service is in months unless otherwise indicated. 

3TOS is time of service. 

4TOAR is Towing Officers’ Assessment Record. 

5Time of service requirements as an apprentice mate (steersman of towing vessels may be reduced by an amount equal to the time specified 

in the approval letter for a completed Coast Guard-approved training program. 

(b) Before you serve as mate (pilot) of 

towing vessels on the Western Rivers, 

you must possess 90 days of observation 

and training and have your MMC 

include an endorsement for Western 

Rivers. 

(c) Each company must maintain 

evidence that every vessel it operates is 

under the direction and control of a 

mariner with the appropriate 

endorsement and experience, including 

30 days of observation and training on 

the intended route other than Western 

Rivers. 

(d) If you hold a license or MMC 

endorsement as a mate of inspected, 

self-propelled vessels of greater than 

200 GRT or one as first-class pilot, then 

you may operate towing vessels within 

any restrictions on your credential if 

you: 

* * * * * 

(2) Hold a completed Towing Officer’s 

Assessment Record (TOAR) described in 

§ 11.304(h) that shows evidence of 

assessment of practical demonstration of 

skills. 

(3) Your license or MMC does not 

need to include a towing endorsement 

if you hold a TOAR or a course 

completion certificate. 

(e) If you hold any endorsement as a 

master of steam or motor vessels of any 

tonnage that is 200 GRT or less, except 

for the limited masters endorsements 

specified in 46 CFR 11.429 and 11.456, 

then you may obtain an endorsement as 

mate (pilot) of towing vessels by 

meeting the following requirements: 

(1) Providing proof of 36 months of 

service as a master under the authority 

of an endorsement described in 

paragraph (e) of this section; 

* * * * * 

(f) An approved training course for 

mate (pilot) of towing vessels must 

include formal instruction and practical 

demonstration of proficiency either 

onboard a towing vessel or at a 

shoreside training facility before a 

designated examiner, and must cover 

the material (dependent upon route) 

required by § 11.910–2 for apprentice 

mate (steersman), towing vessels on 

ocean and near coastal routes; 

apprentice mate (steersman), towing 

vessels on Great Lakes and inland 

routes; or, steersman, towing vessels on 

Western Rivers routes. 

* * * * * 

■ 160. In newly redesignated § 11.466— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

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

‘‘As Table’’ remove the designation 

‘‘10.466–1’’ and add, in its place, the 

designation ‘‘11.466(a)’’; and after the 

words ‘‘like to obtain’’, remove the 

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

place, the words ‘‘an endorsement’’; 

■ c. Redesignate table 10.466–1 as table 

11.466(a) and revise it to read as 

follows; and 

■ d. In paragraph (b), in the first 

sentence, after the words ‘‘hold a 

license’’ add the words ‘‘or 

endorsement’’; in the second sentence, 

after the words ‘‘endorsement will go on 

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

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

in the third sentence, after the words 

‘‘may have the’’, remove the words 

‘‘restricted endorsement’’ and add, in 

their place, the word ‘‘restriction’’: 

§ 11.466 Requirements for endorsements 

as apprentice mate (steersman) of towing 

vessels. 

* * * * * 

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

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

Pass examination 3

1 2 3 4 5 6 

(1) APPRENTICE MATE 

(STEERSMAN).

OCEANS (0) ................................ 18 12 of 18 ............ 3 of 18 .............. YES. 

NEAR-COASTAL (NC) ................ 18 12 of 18 ............ 3 of 18 .............. YES. 

GREAT LAKES ............................ 18 12 of 18 ............ 3 of 18 .............. YES. 

INLAND (GL–I) ............................ 18 12 of 18 ............ 3 of 18 .............. YES. 

WESTERN RIVERS (WR) ........... 18 12 of 18 ............ 3 of 18 .............. YES. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11247 

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

Continued 

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

Pass examination 3

1 2 3 4 5 6 

(2) APPRENTICE MATE 

(STEERSMAN) (LIMITED).

NOT APPLICABLE ...................... 18 12 of 18 ............ 3 of 18 .............. YES. 

1Service is in months. 

2TOS is time of service. 

3The examination for apprentice mate is specified in subpart I of this part. The examination for apprentice mate (limited) is a limited examination. 4For all inland routes, as well as Western Rivers, the endorsement as steersman is equivalent to that as apprentice mate. All qualifications 

and equivalencies are the same. 

* * * * * 

■ 161. Revise newly redesignated 

§ 11.467 to read as follows— 

§ 11.467 Endorsement as operators of 

uninspected passenger vessels of less than 

100 gross tons. 

(a) This section applies to an 

applicant for the endorsement to operate 

an uninspected vessel of less than 100 

gross tons, equipped with propulsion 

machinery of any type, carrying six or 

less passengers. 

(b) An endorsement for OUPV issued 

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

offshore. An endorsement issued for 

inland waters will include all inland 

waters, except Great Lakes. An 

endorsement may be issued for a 

particular local area under paragraph (g) 

of this section. 

(c) For an endorsement as OUPV on 

near-coastal waters, an applicant must 

have a minimum of 12-months 

experience in the operation of vessels, 

including at least three-months service 

on vessels operating on ocean or nearcoastal waters. 

(d) For an endorsement as OUPV on 

the Great Lakes and inland waters, an 

applicant must have 12-months service 

on Great Lakes or inland waters, 

including at least three-months service 

operating vessels on Great Lakes waters. 

(e) For an endorsement as OUPV on 

inland waters, an applicant must have a 

minimum of 12-months experience in 

the operation of vessels. 

(f) An endorsement as OUPV, limited 

to undocumented vessels, may be issued 

to a person who is not a citizen of the 

United States. 

(g) Limited OUPV endorsements may 

be issued to applicants to be employed 

by organizations such as formal camps, 

yacht clubs, educational institutions, 

and marinas. An endorsement issued 

under this paragraph will be limited to 

the specific activity and the locality of 

the camp, yacht club, or marina. In 

order to obtain this restricted 

endorsement, an applicant must: 

(1) Have three-months service in the 

operation of the type of vessel for which 

the endorsement is requested; 

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

Association of State Boating Law 

Administrators, or those public 

education courses conducted by the 

U.S. Power Squadron or the American 

National Red Cross or a Coast Guardapproved course; 

(3) Pass a limited examination 

appropriate for the activity to be 

conducted and the route authorized; 

and 

(4) The first aid and cardiopulmonary 

resuscitation (CPR) course certificates 

required by § 11.205(e) of this part will 

only be required when, in the opinion 

of the OCMI, the geographic area over 

which service is authorized precludes 

obtaining medical services within a 

reasonable time. 

§ 11.468 [Amended] 

■ 162. In newly redesignated § 11.468— 

■ a. In the section heading and text, 

remove the word ‘‘Licenses’’ wherever it 

appears and add, in its place, the words 

‘‘Officer endorsements’’; and 

■ b. In the text, remove the word 

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

‘‘endorsement’’. 

■ 163. In newly redesignated § 11.470, 

revise the heading and paragraphs (a) 

introductory text, (b) introductory text, 

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

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

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

introductory text, (h) introductory text, 

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

(j)(2)(i), (j)(2)(iii), and (k) introductory 

text to read as follows: 

§ 11.470 Officer endorsements as offshore 

installation manager. 

(a) Officer endorsements as offshore 

installation manager (OIM) include: 

* * * * * 

(b) To qualify for an endorsement as 

OIM unrestricted, an applicant must: 

(2) * * * 

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

license or MMC endorsement as OIM 

unrestricted; 

* * * * * 

(iv) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part; and 

* * * * * 

(c) An applicant for an endorsement 

as OIM unrestricted who holds an 

unlimited license or MMC endorsement 

as master or chief mate must satisfy the 

requirements in paragraphs (b)(2) and 

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

days of service on surface units and at 

least 28 days of service on bottom 

bearing units. 

(d) To qualify for an endorsement as 

OIM surface units on location, an 

applicant must: 

* * * * * 

(2) * * * 

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

license or MMC endorsement as OIM 

surface units; 

* * * * * 

(iv) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(e) An applicant for an endorsement 

as OIM surface units on location who 

holds an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy the requirements of 

paragraph (d)(2) of this section and have 

at least 84 days of service on surface 

units. 

(f) To qualify for an endorsement as 

OIM surface units underway, an 

applicant must: 

* * * * * 

(2) * * * 

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

an OIM surface units endorsement; 

* * * * * 

11248 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(g) An applicant for endorsement as 

OIM surface units underway who holds 

an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy the requirements in 

paragraph (f)(2) of this section and 

provide a company recommendation 

signed by a senior company official 

which: 

* * * * * 

(h) To qualify for an endorsement as 

OIM bottom bearing units on location, 

an applicant must: 

* * * * * 

(2) * * * 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(i) An applicant for an endorsement as 

OIM bottom bearing units on location 

who holds an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy paragraph (h)(2) of this 

section and have at least 28 days of 

service on bottom bearing units. 

(j) To qualify for an endorsement as 

OIM bottom bearing units underway, an 

applicant must: 

* * * * * 

(2) * * * 

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

license or MMC endorsement as OIM 

bottom bearing units; 

* * * * * 

(iii) A certificate from a firefighting 

training course as required by 

§ 11.205(d) of this part. 

(k) An applicant for endorsement as 

OIM bottom bearing units underway 

who holds an unlimited license or MMC 

endorsement as master or chief mate 

must satisfy the requirements in 

paragraph (j)(2) of this section and 

provide a company recommendation 

signed by a senior company official, 

which: 

* * * * * 

§ 11.472 Officer endorsements as barge 

supervisor. 

■ 164. In newly redesignated § 11.472— 

■ a. Revise the section heading as set 

forth above; 

■ b. In paragraph (a) introductory text, 

remove the words ‘‘a license or’’ and 

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

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

words ‘‘barge supervisor license or 

endorsement’’ and add, in their place, 

the words ‘‘license or MMC 

endorsement as barge supervisor’’; 

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

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

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

■ e. In paragraph (b), after the words 

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

MMC endorsement’’. 

§ 11.474 Officer endorsements as ballast 

control operator. 

■ 165. In newly redesignated § 11.474— 

■ a. Revise the section heading as set 

forth above; 

■ b. In paragraph (a) introductory text, 

remove the words ‘‘a license or’’ and 

add, in its place, the words ‘‘an’’; 

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

remove the words ‘‘a licensed’’ 

wherever they appear and add, in their 

place, the words ‘‘an individual holding 

a license or MMC endorsement as’’; 

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

words ‘‘barge supervisor or ballast 

control operator license or 

endorsement’’ and add, in their place, 

the words ‘‘license or MMC 

endorsement as barge supervisor or 

ballast control operator’’; 

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

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

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

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

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

MMC endorsement’’; and remove the 

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

the words ‘‘an individual holding an 

endorsement as’’. 

§ 11.476 [Removed and Reserved] 

■ 166. Remove and reserve § 11.476. 

§ 11.480 [Amended] 

■ 167. In newly redesignated § 11.480— 

■ a. In paragraph (b) introductory text, 

remove the words ‘‘deck officer’s 

license’’ and add, in their place, the 

word ‘‘MMC’’; 

■ b. In paragraph (c), remove the words 

‘‘Endorsement as’’ wherever they 

appear; 

■ c. In paragraph (f), remove the last 

sentence; 

■ d. In paragraph (h), after the words ‘‘a 

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

after the words ‘‘may renew’’, remove 

the words ‘‘the license’’; and 

■ e. In paragraph (i), after the words 

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

MMC endorsement’’. 

■ 168. In newly redesignated § 11.482— 

■ a. Revise paragraph (a) to read as set 

out below; 

■ b. In paragraph (c), remove the words 

‘‘An assistance towing endorsement on 

a license as master, mate, or operator 

authorizes the holder’’ and replace them 

with ‘‘The holder of a license or MMC 

for master, mate, or operator endorsed 

for assistance towing is authorized’’; 

and after the words ‘‘scope of the 

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

■ c. In paragraph (d), after the words 

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

‘‘or MMC’’; remove the words ‘‘on 

which it is endorsed’’ and add, in their 

place, the words ‘‘on which it is 

included’’; and after the words 

‘‘renewed with the’’, remove the word 

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

‘‘MMC’’. 

§ 11.482 Assistance towing. 

(a) This section contains the 

requirements to qualify for an 

endorsement authorizing a mariner to 

engage in assistance towing. The 

endorsement applies to all MMCs 

except master and mate (pilot) of towing 

vessels and master or mate authorizing 

service on inspected vessels over 200 

gross tons. Holders of any of these 

endorsements may engage in assistance 

towing within the scope of their MMC 

or license. 

* * * * * 

§ 11.491 [Amended] 

■ 169. In newly redesignated § 11.491— 

■ a. In the section heading, remove the 

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

the word ‘‘Officer endorsements’’; and 

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

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

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

endorsement’’; and after the words 

‘‘restrictions placed on the license’’, add 

the words ‘‘or MMC’’. 

§ 11.493 [Amended] 

■ 170. In newly redesignated 

§ 11.493(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

§ 11.495 [Amended] 

■ 171. In newly redesignated 

§ 11.495(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

§ 11.497 [Amended] 

■ 172. In newly redesignated 

§ 11.497(a), remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

Subpart E—Professional Requirements 

for Engineer Officer 

■ 173. Revise the heading for subpart E 

as set forth above. 

§ 11.501 [Amended] 

■ 174. In newly redesignated § 11.501— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

■ b. In paragraph (a) introductory text, 

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

its place, the words ‘‘Engineer 

endorsements’’; 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11249 

■ c. In paragraph (b) introductory text, 

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

its place, the word ‘‘endorsements’’; 

■ d. In paragraph (c) introductory text, 

after the words ‘‘Engineer licenses’’ add 

the words ‘‘or MMC endorsements’’; 

■ e. In paragraph (d), remove the words 

‘‘Engineer licenses are endorsed to 

authorize’’ and add, in its place, the 

words ‘‘An engineer officer’s license or 

MMC endorsement authorizes’’; and 

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

remove the words ‘‘be endorsed for’’ 

and add, in their place, the word 

‘‘authorize’’; and 

■ f. In paragraph (e), after the words 

‘‘holding an engineer license’’ add the 

words ‘‘or MMC endorsement’’; and 

after the words ‘‘limitations of the 

license’’, add the words ‘‘or MMC’’. 

§ 11.502 [Amended] 

■ 175. In newly redesignated § 11.502— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; 

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

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

MMC endorsements’’; 

■ c. In paragraph (b) introductory text, 

remove the words ‘‘a licensed applicant 

desires to obtain an endorsement on an 

engineer license in the other propulsion 

mode (steam or motor)’’ and add, in 

their place, the words ‘‘an applicant 

desires to add a propulsion mode to his 

or her endorsement’’; and after the 

words ‘‘holding a license’’, add the 

words ‘‘or MMC endorsement’’; 

■ d. In paragraph (b)(1), remove the 

words ‘‘licensed capacity’’ and add, in 

their place, the words ‘‘capacity as their 

endorsement’’; 

■ e. In paragraph (b)(2), remove the 

words ‘‘a licensed officer at a lower 

license level’’ and add, in their place, 

the words ‘‘an engineer officer at a 

lower level’’; and 

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

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

MMC endorsement’’; and remove the 

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

place, the citation ‘‘§ 11.205(d)’’. 

■ 176. Revise newly redesignated 

§ 11.503 to read as follows— 

§ 11.503 Horsepower limitations. 

(a) Engineer licenses and 

endorsements of all grades and types 

may be subject to horsepower 

limitations. Other than as provided in 

§ 11.524 of this part for the designated 

duty engineer (DDE), the horsepower 

limitation placed on a license or MMC 

endorsement is based on the applicant’s 

qualifying experience considering the 

total shaft horsepower of each vessel on 

which the applicant has served. 

(b) When an applicant for an original 

or raise of grade of an engineer license 

or MMC endorsement, other than a DDE, 

has not obtained at least 50 percent of 

the required qualifying experience on 

vessels of 4,000 or more horsepower, a 

horsepower limitation is placed on the 

MMC based on the applicant’s 

qualifying experience. The endorsement 

is limited to the maximum horsepower 

on which at least 25 percent of the 

required experience was obtained, or 

150 percent of the maximum 

horsepower on which at least 50 percent 

of the service was obtained, whichever 

is higher. Limitations are in multiples of 

1,000 horsepower, using the next higher 

figure when an intermediate horsepower 

is calculated. When the limitation as 

calculated equals or exceeds 10,000 

horsepower, an unlimited horsepower 

endorsement is issued. 

(c) The following service on vessels of 

4,000 horsepower or over will be 

considered qualifying for the raising or 

removing of horsepower limitations 

placed on an engineer license or MMC 

endorsement: 

(1) Six months of service in the 

highest-grade endorsed: removal of all 

horsepower limitations. 

(2) Six months of service as an officer 

in any capacity other than the highest 

grade for which licensed or endorsed: 

Removal of all horsepower limitations 

for the grade in which service is 

performed and raise the next higher 

grade endorsement to the horsepower of 

the vessel on which service was 

performed. The total cumulative service 

before and after issuance of the limited 

license or MMC endorsement may be 

considered in removing all horsepower 

limitations. 

(3) Twelve months of service as oiler 

or junior engineer while holding a 

license or MMC endorsement as third 

assistant engineer or assistant engineer 

(limited oceans): removal of all 

horsepower limitations on third 

assistant engineer or assistant engineer’s 

(limited oceans) endorsement. 

(4) Six months of service as oiler or 

junior engineer while holding a license 

or MMC endorsement as second 

assistant engineer: removal of all 

horsepower limitations on third 

assistant engineer’s endorsement. 

(d) Raising or removing horsepower 

limitations based on service required by 

paragraph (c) of this section may be 

granted without further written 

examination providing the OCMI who 

issued the applicant’s license or MMC 

endorsement, considers further 

examination unnecessary. 

§ 11.504 [Amended] 

■ 177. In newly redesignated § 11.504— 

■ a. In the section heading, remove the 

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

the word ‘‘endorsements’’; and 

■ b. In the text, remove the words ‘‘a 

license’’ and add, in their place, the 

words ‘‘an endorsement’’. 

■ 178. In newly redesignated § 11.505— 

■ a. Revise the section heading as set 

forth below; 

■ b. In the text, remove the word 

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

‘‘endorsement’’; and 

■ c. Redesignate Figure 10.505 as Figure 

11.505 and revise it to read as follows: 

§ 11.505 Engineer officer structure. 

* * * * * 

BILLING CODE 4910–15–P 

11250 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 


ER16MR09.003</GPH>
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11251 

BILLING CODE 4910–15–C 

§ 11.510 [Amended] 

■ 179. In newly redesignated § 11.510— 

■ a. In the introductory text, remove the 

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

the word ‘‘endorsement’’; and 

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

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

MMC endorsement’’. 

§ 11.512 [Amended] 

■ 180. In newly redesignated § 11.512— 

■ a. After the words, ‘‘qualify an 

applicant for’’, remove the word 

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

word ‘‘endorsement’’; and 

■ b. After the words ‘‘holding a license’’, 

add the words, ‘‘or MMC endorsement’’. 

§ 11.514 [Amended] 

■ 181. In newly redesignated § 11.514— 

■ a. In the introductory text, after the 

words, ‘‘qualify an applicant for’’, 

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

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

■ b. In paragraph (a) and paragraph (b) 

introductory text, after the words, 

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

MMC endorsement’’. 

§ 11.516 [Amended] 

■ 182. In newly redesignated § 11.516, 

in paragraph (a) introductory text, after 

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

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

place, the word, ‘‘endorsement’’. 

■ 183. Revise newly redesignated 

§ 11.518 to read as follows: 

§ 11.518 Service requirements for chief 

engineer (limited oceans) of steam and/or 

motor vessels. 

The minimum service required to 

qualify an applicant for endorsement as 

chief engineer (limited oceans) of steam 

and/or motor vessels is five years total 

service in the engineroom of vessels. 

Two years of this service must have 

been as an engineer officer. Thirty 

months of the service must have been as 

a qualified member of the engine 

department (QMED) or equivalent 

supervisory position. 

■ 184. Revise newly redesignated 

§ 11.520 to read as follows: 

§ 11.520 Service requirements for chief 

engineer (limited near coastal) of steam 

and/or motor vessels. 

The minimum service required to 

qualify an applicant for endorsement as 

chief engineer (limited near coastal) of 

steam and/or motor vessels is four years 

total service in the engineroom of 

vessels. One year of this service must 

have been as an engineer officer. Two 

years of the service must have been as 

a QMED or equivalent supervisory 

position. 

■ 185. Revise newly redesignated 

§ 11.522 to read as follows: 

§ 11.522 Service requirements for 

assistant engineer (limited oceans) of 

steam and/or motor vessels. 

The minimum service required to 

qualify an applicant for endorsement as 

assistant engineer (limited oceans) of 

steam and/or motor vessels is three 

years of service in the engineroom of 

vessels. Eighteen months of this service 

must have been as a QMED or 

equivalent supervisory position. 

■ 186. In newly redesignated § 11.524, 

revise paragraphs (a) and (b) 

introductory text to read as follows: 

§ 11.524 Service requirements for 

designated duty engineer of steam and/or 

motor vessels. 

(a) DDE endorsements are issued in 

three levels of horsepower limitations 

dependent upon the total service of the 

applicant and completion of appropriate 

examination. These MMCs are limited 

to vessels of not more than 500 gross 

tons on certain waters as specified in 

§ 11.501 of this part. 

(b) The service requirements for 

endorsements as DDE are: 

* * * * * 

■ 187. Revise newly redesignated 

§ 11.530 to read as follows: 

§ 11.530 Endorsements for engineers of 

uninspected fishing industry vessels. 

(a) This section applies to 

endorsements for chief and assistant 

engineers of all vessels, however 

propelled, navigating the high seas, 

which are documented to engage in the 

fishing industry, with the exception of: 

(1) Wooden ships of primitive build; 

(2) Unrigged vessels; and, 

(3) Vessels of less than 200 gross tons. 

(b) Endorsements as chief engineer 

and assistant engineer of uninspected 

fishing industry vessels are issued for 

ocean waters and with horsepower 

limitations in accordance with the 

provisions of § 11.503 of this part. 

(c) For an endorsement as chief 

engineer, the applicant must have 

served four years in the engineroom of 

vessels. One year of this service must 

have been as an assistant-engineer 

officer or equivalent supervisory 

position. 

(d) For an endorsement as assistant 

engineer, an applicant must have served 

three years in the engine room of 

vessels. 

(e) Two-thirds of the service required 

under this section must have been on 

motor vessels. 

(f) Applicants may request an orally 

assisted examination on the subjects 

listed in subpart I of this part. 

■ 188. Revise newly redesignated 

§ 11.540 to read as follows: 

§ 11.540 Endorsements for engineers of 

mobile offshore drilling units. 

Endorsements as chief engineer 

(MODU) or assistant engineer (MODU) 

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

any horsepower where authorized by 

the vessel’s certificate of inspection. 

§ 11.542 [Amended] 

■ 189. In newly redesignated § 11.542— 

■ a. In the section heading, remove the 

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

place, the words ‘‘Endorsement as’’; 

■ b. In the introductory text and 

paragraph (c), remove the words ‘‘a 

license’’ wherever they appear and add, 

in their place, the words ‘‘an 

endorsement’’; and 

■ c. In paragraph (b), remove the 

citation, ‘‘10.205(g)’’, and add, in its 

place, the citation, ‘‘11.205(d)’’. 

§ 11.544 [Amended] 

■ 190. In newly redesignated § 11.544— 

■ a. In the section heading, remove the 

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

place, the words, ‘‘Endorsement as’’; 

■ b. In the introductory text and 

paragraph (c), remove the words, ‘‘a 

license’’, wherever they appear, and 

add, in their place, the words, ‘‘an 

endorsement’’; 

■ c. In paragraph (a)(3), remove the 

words, ‘‘Commanding Officer,’’, and 

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

and 

■ d. In paragraph (b), remove the 

citation ‘‘10.205(g)’’, and add, in its 

place, the citation, ‘‘11.205(d)’’. 

■ 191. Revise newly redesignated 

§ 11.551 to read as follows: 

§ 11.551 Endorsements for service on 

offshore supply vessels. 

Each endorsement for service on 

OSVs as chief engineer (OSV) or 

engineer (OSV) authorizes service on 

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

and as interpreted under 46 U.S.C. 

14104(b), subject to any restrictions 

placed on the MMC. 

§ 11.553 [Amended] 

■ 192. In newly redesignated 

§ 11.553(a), remove the words, ‘‘a 

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

words, ‘‘an endorsement’’. 

§ 11.555 [Amended] 

■ 193. In newly redesignated 

§ 11.555(a), remove the words, ‘‘a 

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

words, ‘‘an endorsement’’. 

11252 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

Subpart F—Credentialing of Radio 

Officers 

■ 194. Revise the heading for subpart F 

to read as set forth above. 

■ 195. In newly redesignated § 11.601, 

revise paragraphs (a)–(c) to read as 

follows: 

§ 11.601 Applicability. 

This subpart provides for 

endorsement as radio officers for 

employment on vessels, and for the 

issue of STCW endorsements for those 

qualified to serve as radio operators on 

vessels subject to the provisions on the 

Global Maritime Distress and Safety 

System (GMDSS) of Chapter IV of 

SOLAS. SOLAS is available from the 

International Maritime Organization 

(IMO), 4 Albert Embankment, London 

SE1 7SR, England, telephone: + 44 (0)20 

7735 7611, http://www.imo.org. 

■ 196. Revise newly redesignated 

§ 11.603 to read as follows: 

§ 11.603 Requirements for radio officers’ 

endorsements and STCW endorsements for 

GMDSS radio operators. 

(a) Each applicant for an original 

endorsement or renewal of license shall 

present a current first or second class 

radiotelegraph operator license issued 

by the Federal Communications 

Commission. The applicant shall enter 

on the endorsement application form 

the number, class, and date of issuance 

of his or her Federal Communications 

Commission license. 

(b) [Reserved] 

(c) Each applicant who furnishes 

evidence that he or she meets the 

standard of competence set out in 

STCW Regulation IV/2 (incorporated by 

reference, see § 11.102), including the 

competence to transmit and receive 

information using subsystems of 

GMDSS, to fulfill the functional 

requirements of GMDSS, and to provide 

radio services in emergencies is entitled 

to hold an STCW endorsement suitable 

for performing duties associated with 

GMDSS. 

Subpart G—Professional 

Requirements for Pilots 

■ 197. Revise the heading for subpart G 

to read as set forth above. 

■ 198. Revise newly redesignated 

§ 11.701 to read as follows: 

§ 11.701 Scope of pilot endorsements. 

(a) An applicant for an endorsement 

as first-class pilot need not hold any 

other officer endorsement issued under 

this part. 

(b) The issuance of an endorsement as 

first-class pilot to an individual 

qualifies that individual to serve as pilot 

over the route(s) specified on the 

endorsement, subject to any limitations 

imposed under paragraph (c) of this 

section. 

(c) The OCMI issuing an endorsement 

as first-class pilot, imposes appropriate 

limitations commensurate with the 

experience of the applicant, with 

respect to class or type of vessel, 

tonnage, route, and waters. 

(d) A license or MMC endorsement 

issued for service as a master, mate, or 

operator of uninspected towing vessels 

authorizes service as a pilot under the 

provisions of § 15.812 of this 

subchapter. Therefore, first-class pilot 

endorsements will not be issued with 

tonnage limitations of 1,600 gross tons 

or less. 

■ 199. In newly redesignated § 11.703— 

■ a. Revise paragraphs (a) introductory 

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

and 

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

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

MMC endorsement’’: 

§ 11.703 Service requirements. 

(a) The minimum service required to 

qualify an applicant for an endorsement 

as first-class pilot is predicated upon the 

nature of the waters for which pilotage 

is desired. 

* * * * * 

(c) Completion of a course of pilot 

training approved by the National 

Maritime Center under subpart C of this 

part may be substituted for a portion of 

the service requirements of this section 

in accordance with § 11.304 of this part. 

Additionally, round trips made during 

this training may apply toward the route 

familiarization requirements of § 11.705 

of this part. An individual using 

substituted service must have at least 

nine months of shipboard service. 

* * * * * 

■ 200. In newly redesignated § 11.705, 

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

follows: 

§ 11.705 Route familiarization 

requirements. 

* * * * * 

(b) An applicant holding no other 

deck officer endorsement seeking an 

endorsement as first-class pilot shall 

furnish evidence of having completed a 

minimum number of round trips, while 

serving as quartermaster, wheelsman, 

able seaman, apprentice pilot, or in an 

equivalent capacity, standing regular 

watches at the wheel or in the pilot 

house as part of routine duties, over the 

route sought. Evidence of having 

completed a minimum number of round 

trips while serving as an observer, 

properly certified by the master and/or 

pilot of the vessel, is also acceptable. 

The range of round trips for an 

endorsement is a minimum of 12 round 

trips and a maximum of 20 round trips. 

An applicant may have additional 

routes added to the first-class pilot 

endorsement by meeting the 

requirements in paragraph (c) of this 

section. 

(c) An applicant who currently holds 

a deck officer license or MMC 

endorsement seeking an endorsement as 

first-class pilot for a particular route 

shall furnish evidence of having 

completed the number of round trips 

over the route, specified by the OCMI, 

within the range limitations of this 

paragraph, for the particular grade of 

existing license or MMC endorsement 

held. The range of round trips for an 

endorsement is a minimum of eight 

round trips and a maximum of 15 round 

trips. 

* * * * * 

■ 201. Revise newly redesignated 

§ 11.707 to read as follows: 

§ 11.707 Examination requirements. 

(a) An applicant for an endorsement 

as first-class pilot, except as noted in 

paragraph (b) of this section, is required 

to pass the examination described in 

subpart I of this part. 

(b) An applicant for an extension of 

route, or an applicant holding a license 

or MMC endorsement as master or mate 

authorized to serve on vessels of over 

1,600 gross tons seeking an endorsement 

as first-class pilot, is required to pass 

those portions of the examination 

described in subpart I of this part that 

concern the specific route for which 

endorsement is sought. 

■ 202. In newly redesignated § 11.709, 

revise paragraphs (b), (c), (d), and (e) to 

read as follows: 

§ 11.709 Annual physical examination 

requirements. 

* * * * * 

(b) Every person holding a license or 

MMC endorsement as first-class pilot 

shall have a thorough physical 

examination each year. 

(c) Each annual physical examination 

must meet the requirements specified in 

§ 10.215 of this chapter. 

(d) An individual’s first class pilot 

credential becomes invalid on the first 

day of the month following the first 

anniversary of the individual’s most 

recent physical examination 

satisfactorily completed; the individual 

may not operate under the authority of 

that credential until a physical 

examination has been satisfactorily 

completed. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11253 

(e) A first class pilot must provide the 

Coast Guard with a copy of his or her 

most recent physical examination. 

§ 11.711 [Amended] 

■ 203. In newly redesignated § 11.711— 

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

words, ‘‘first class pilot’’, remove the 

words, ‘‘license or’’; and 

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

‘‘1,600 gross tons, the’’ remove the 

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

‘‘contained in § ’’ remove the number 

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

number ‘‘11.705’’. 

§ 11.713 [Amended] 

■ 204. In newly redesignated § 11.713— 

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

the words ‘‘license or endorsement’’ 

appear, add the word ‘‘MMC’’ before the 

word ‘‘endorsement’’; and 

■ b. In paragraph (b), in the last 

sentence, after the words, ‘‘of the 

renewed’’, remove the words, ‘‘license 

or’’. 

§ 11.803 [Removed and Reserved] 

■ 205. Remove and reserve newly 

redesignated § 11.803. 

■ 206. Revise newly redesignated 

§ 11.805 to read as follows: 

§ 11.805 General requirements. 

(a) The applicant for an endorsement 

as staff officer is not required to take any 

examination; however, the applicant 

shall present to the OCMI a letter 

justifying the need for the endorsement. 

(b) [Reserved] 

(c) An applicant for a higher grade in 

the staff department shall apply in the 

same manner as for an original 

endorsement and shall surrender the 

previous Coast Guard-issued credentials 

upon issuance of the new MMC. A staff 

officer may serve in a lower grade of 

service for which he or she is registered. 

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

uniforms for staff officers who are 

members of the Naval Reserve. 

(e) A duplicate MMC may be issued 

by the OCMI. (See § 10.229 of this 

chapter.) 

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

years from the date of issuance. 

Procedures for renewing endorsements 

are found in § 10.227 of this chapter. 

(g) Each applicant for an original or a 

higher grade of endorsement, as 

described by paragraph (c) of this 

section, shall produce evidence of 

having passed a chemical test for 

dangerous drugs or of qualifying for an 

exception from testing in § 16.220 of 

this subchapter. An applicant who fails 

a chemical test for dangerous drugs will 

not be issued an MMC. 

■ 207. Amend newly redesignated 

§ 11.807 by adding paragraphs (a)(7) and 

(8) and revising paragraphs (c) and (d) 

to read as follows: 

§ 11.807 Experience requirements for 

registry. 

(a) The applicant for an endorsement 

as staff officer shall submit evidence of 

experience as follows: 

* * * * * 

(7) Marine physician assistant. 

Successful completion of an accredited 

course of instruction for a physician’s 

assistant or nurse practitioner program. 

(8) Hospital corpsman. A rating of at 

least hospital corpsman or health 

services technician, first class in the 

U.S. Navy, U.S. Coast Guard, U.S. 

Marine Corps, or an equivalent rating in 

the U.S. Army (not less than staff 

sergeant, Medical Department, U.S.A.), 

or in the U.S. Air Force (not less than 

technical sergeant, Medical Department, 

U.S.A.F.), and a period of satisfactory 

service of at least one month in a 

military hospital or U.S. Public Health 

Service Hospital. 

* * * * * 

(c) In computing the length of service 

required of an applicant for an 

endorsement, service of one season on 

vessels on the Great Lakes is counted as 

service of one year. 

(d) In the event an applicant for an 

endorsement, other than medical doctor 

or professional nurse, presents evidence 

of other qualifications which, in the 

opinion of the Officer in Charge, Marine 

Inspection, is equivalent to the 

experience requirements of this section 

and is consistent with the duties of a 

staff officer, the Officer in Charge, 

Marine Inspection may issue the MMC. 

§ 11.809 [Removed and Reserved] 

■ 208. Remove and reserve newly 

redesignated § 11.809. 

Subpart I—Subjects of Examinations 

and Practical Demonstrations of 

Competence 

■ 209. Revise the heading for subpart I 

to read as set forth above. 

■ 210. In newly redesignated § 11.901— 

■ a. In paragraph (a), remove the word, 

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

word, ‘‘endorsement’’; and remove the 

citation, ‘‘10.903(b)’’ and add, in its 

place, the citation, ‘‘11.903(b)’’; 

■ b. Revise paragraph (b) to read as set 

out below; and 

■ c. In paragraph (c) introductory text, 

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

remove the citations, ‘‘10.202 and 

10.209’’ and add, in their place, the 

citations, ‘‘11.202 and 10.227’’; and after 

the words ‘‘reference in’’, remove the 

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

the citation, ‘‘11.102’’: 

§ 11.901 General provisions. 

* * * * * 

(b) If the endorsement is to be limited 

in a manner which would render any of 

the subject matter unnecessary or 

inappropriate, the examination may be 

amended accordingly by the OCMI. 

Limitations which may affect the 

examination content are: 

(1) MMCs endorsed for restricted 

routes for reduced service (master or 

mate of vessels of not more than 200 

gross tons, OUPV or master or mate 

(pilot) of towing vessels); or 

(2) Engineer endorsements with 

horsepower restrictions. 

* * * * * 

§ 11.903 [Amended] 

■ 211. In newly redesignated § 11.903— 

■ a. Redesignate ‘‘Table 10.903–1’’ as 

‘‘Table 11.903(c)’’; and 

■ b. Revise paragraphs (a) introductory 

text, (b) introductory text, (b)(2), (b)(3), 

(c) introductory text, and (d) to read as 

follows: 

§ 11.903 Endorsements requiring 

examination. 

(a) The following endorsements 

require examinations for issuance: 

* * * * * 

(b) The following endorsements do 

not require examinations: 

* * * * * 

(2) Master ocean or near coastal not 

more than 200 gross tons, when raising 

grade from mate near coastal not more 

than 200 gross tons. Master ocean not 

more than 200 gross tons would, 

however, require an examination in 

celestial navigation. 

(3) Master Great Lakes and inland, 

inland, and rivers not more than 200 

gross tons when raising grade from mate 

of the same route not more than 200 

gross tons. 

* * * * * 

(c) Each candidate for any of the 

following endorsements shall meet the 

requirements of the appropriate STCW 

regulations and standards of 

competence and those in part A of the 

STCW Code (incorporated by reference, 

see § 11.102), as indicated in table 

11.903(c) of this section: 

* * * * * 

(d) Any candidate for an endorsement 

listed in paragraph (c) of this section, 

who meets the requirements of the 

appropriate regulations and standards of 

competence in STCW and part A of the 

STCW code (incorporated by reference, 

see § 11.102) as indicated in table 

11.903(c) of this section, need not 

11254 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

comply with §§ 11.910 or 11.950, of this 

part. 

■ 212. In newly redesignated § 11.910— 

■ a. Revise the section heading and 

introductory text as set out below; 

■ b. Redesignate table 10.910–1 as table 

11.910–1, and revise the heading and 

subheading to read as set out below; 

■ c. Redesignate table 10.910–2 as table 

11.910–2; 

■ d. In the heading for newly 

redesignated table 11.910–2, remove the 

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

the word ‘‘Endorsement’’; 

■ e. In newly redesignated table 11.910– 

2, in the first column entitled, 

‘‘Examination topics’’, under the entry 

for ‘‘National Maritime Law’’, remove 

the words, ‘‘Licensing & Certification’’, 

and add, in their place, the word, 

‘‘Credentialing’’; 

■ f. In footnotes 6 and 7 to newly 

redesignated table 11.910–2, remove the 

word ‘‘licenses’’ wherever it appears 

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

endorsements’’; and 

■ g. In footnote 8 to newly redesignated 

table 11.910–2, remove the word 

‘‘licenses’’: 

§ 11.910 Subjects for deck officer 

endorsements. 

Table 11.910–1 gives the codes used 

in table 11.910–2 for all deck officers. 

Table 11.910–2 indicates the 

examination subjects for each 

endorsement, by code number. Figures 

in the body of the table, in place of the 

letter ‘‘x’’, refer to notes. 

Table 11.910–1—Codes for Deck Officer 

Endorsements 

Deck Officer Endorsements: 

* * * * * 

■ 213. In newly redesignated § 11.920— 

■ a. Revise the section heading and 

introductory text to read as set out 

below; 

■ b. Redesignate table 10.920–1 as table 

11.920–1 and revise it to read as set out 

below; 

■ c. Redesignate table 10.920–2 as table 

11.920–2; and 

■ d. In newly redesignated table 11.920– 

2, in the first column entitled, 

‘‘Examination topics’’, under the entry 

for, ‘‘National Maritime Law’’, remove 

the words, ‘‘Licensing and 

certification’’, and add, in their place, 

the word, ‘‘Credentialing’’: 

§ 11.920 Subjects for MODU 

endorsements. 

Table 11.920–1 gives the codes used 

in table 11.920–2 for MODU 

endorsements. Table 11.920–2 indicates 

the examination subjects for each 

endorsement by the code number. 

Table 11.920–1—Codes for MODU 

Endorsements 

* * * * * 

■ 214. Revise the section heading and 

table heading to newly redesignated 

§ 11.950 to read as follows: 

§ 11.950 Subjects for engineer 

endorsements. 

Table 11.950—Subjects for Engineer 

Endorsements 

* * * * * 

■ 215. Revise newly redesignated 

§ 11.1005 to read as follows: 

§ 11.1005 General requirements for 

officers. 

To serve on a Ro-Ro passenger ship, 

a person endorsed as master, chief mate, 

mate, chief engineer, or engineer shall 

meet the appropriate requirements of 

STCW Regulation V/2 and Section 

A–V/2 of the STCW Code (incorporated 

by reference, see § 11.102) and shall 

hold documentary evidence to show his 

or her meeting these requirements. 

■ 216. Revise newly redesignated 

§ 11.1105 section heading, introductory 

text, and paragraph (a) to read as 

follows: 

§ 11.1105 General requirements for 

officer’s endorsements. 

If you are a master, mate, chief mate, 

engineer, or chief engineer, then, before 

you may serve on a passenger ship, you 

must— 

(a) Meet the appropriate requirements 

of the STCW Regulation V/3 and of 

section A–V/3 of the STCW Code 

(incorporated by reference, see 

§ 11.102); and 

* * * * * 

PART 12—REQUIREMENTS FOR 

RATING ENDORSEMENTS 

■ 217. The authority citation for part 12 

is revised to read as follows: 

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 

2103, 2110, 7301, 7302, 7503, 7505, 7701, 

and 70105; Department of Homeland 

Security Delegation No. 0170.1. 

■ 218. Revise the heading for part 12 to 

read as set forth above. 

§ 12.01–1 [Amended] 

■ 219. In § 12.01–1— 

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

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

‘‘certificate or’’, and after the words 

‘‘required by STCW’’, remove the words, 

‘‘(incorporated by reference in § 12.01– 

3)’’; and 

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

■ 220. Revise § 12.01–3 to read as 

follows: 

§ 12.01–3 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. Also, it is available for 

inspection at the Coast Guard, Office of 

Operating and Environmental Standards 

(CG–5221), 2100 Second Street, SW., 

Washington, DC 20593–0001, 202–372– 

1405 and is available from the sources 

indicated in this section. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London, SE1 7SR, 

England, telephone: + 44 (0)20 7735 

7611, http://www.imo.org. 

(1) The International Convention on 

Standards of Training, Certification and 

Watchkeeping for Seafarers, 1978, as 

amended 1995 (the STCW Convention 

or the STCW), incorporation by 

reference approved for §§ 12.02–7, 

12.02–11, 12.05–3, 12.05–11, 12.10–3; 

12.10–5, 12.10–7, 12.10–9, 12.15–3, 

12.30–5, and 12.35–5. 

(2) The Seafarers’ Training, 

Certification and Watchkeeping Code, as 

amended 1995 (the STCW Code), 

incorporation by reference approved for 

§§ 12.02–11, 12.03–1, 12.05–3, 12.05–7, 

12.10–5, 12.10–9, 12.15–3, 12.15–7, 

12.25–45, 12.30–5, and 12.35–5. 

§ 12.01–6 [Removed and Reserved] 

■ 221. Remove and reserve § 12.01–6. 

§ 12.01–7 [Removed and Reserved] 

■ 222. Remove and reserve § 12.01–7. 

§ 12.01–11 [Removed and Reserved] 

■ 223. Remove and reserve § 12.01–11. 

§ 12.02–3 [Removed and Reserved] 

■ 224. Remove and reserve § 12.02–3. 

§ 12.02–4 [Removed and Reserved] 

■ 225. Remove and reserve § 12.02–4. 

§ 12.02–5 [Removed and Reserved] 

■ 226. Remove and reserve § 12.02–5. 

■ 227. In § 12.02–7, revise paragraphs 

(a) through (e) and (f) introductory text 

to read as follows: 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11255 

§ 12.02–7 When documents are required. 

(a) Every seaman employed on any 

merchant vessel of the United States of 

100 gross tons or upward, except vessels 

employed exclusively in trade on the 

navigable rivers of the United States, 

must carry a valid merchant mariner 

credential (MMC) or merchant mariner’s 

document (MMD) with all appropriate 

endorsements for the position served 

and, beginning on April 15, 2009, a 

valid Transportation Worker 

Identification Credential (TWIC). 

Provisions of this section are not 

applicable to unrigged vessels except 

seagoing barges and certain tank barges. 

(b) Every seaman, as referred to in 

paragraph (a) of this section, shall 

produce a valid MMC or MMD with all 

applicable rating endorsements for the 

position sought and, beginning on April 

15, 2009, a valid TWIC to the master of 

the vessel at the time of his or her 

employment before signing articles of 

agreement. Seamen who do not possess 

one of these credentials may be 

employed at a foreign port or place. 

(c)(1) Every person employed on any 

merchant vessel of the United States of 

100 gross tons and upward, except those 

navigating rivers exclusively and the 

smaller inland lakes, below the grades 

of officer and staff officer, must possess 

a valid MMC or MMD with all 

appropriate endorsements for the 

positions served; 

(2) No endorsements are required of 

any person below the rank of officer 

employed on any unrigged vessel except 

seagoing barges and certain tank barges. 

(3) No endorsements are required of 

any person below the rank of officer 

employed on any sail vessel of less than 

500 net tons while not carrying 

passengers for hire and while not 

operating outside the line dividing 

inland waters from the high seas, as 

defined in section 2 of the act of 

February 19, 1895, as amended (33 

U.S.C. 151) and in 33 CFR part 82. 

(d) Each person serving as an able 

seaman or a rating forming part of a 

navigational watch on a seagoing ship of 

500 gross tonnage (200 GRT) or more 

shall hold an STCW endorsement 

certifying him or her as qualified to 

perform the navigational function at the 

support level, in accordance with STCW 

(incorporated by reference, see § 12.01– 

3). 

(e) Each person serving as a qualified 

member of the engine department 

(QMED) or a rating forming part of a 

watch in a manned engine-room or 

designated to perform duties in a 

periodically unmanned engine-room, on 

a seagoing ship driven by main 

propulsion machinery of 750 kW [1,000 

hp] of propulsion power or more, shall 

hold an STCW endorsement certifying 

him or her as qualified to perform the 

marine-engineering function at the 

support level, in accordance with 

STCW. 

(f) Notwithstanding any other rule in 

this part, no person subject to this part 

serving on any of the following vessels 

needs to hold an STCW endorsement, 

either because he or she is exempt from 

application of the STCW, or because the 

vessels are not subject to further 

obligation under STCW, on account of 

their special operating conditions as 

small vessels engaged in domestic 

voyages: 

* * * * * 

§ 12.02–9 [Removed and Reserved] 

■ 228. Remove and reserve § 12.02–9. 

§ 12.02–10 [Removed and Reserved] 

■ 229. Remove and reserve § 12.02–10. 

■ 230. Revise § 12.02–11 to read as 

follows: 

§ 12.02–11 General provisions respecting 

rating endorsements. 

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

endorsement will authorize the holder 

to serve in any rating capacity in the 

deck department, except able seaman. If 

a deck officer qualifies as able seaman, 

the MMC will be endorsed with the 

appropriate able seaman and 

lifeboatman endorsement. STCW 

endorsements as RFPNW and PSC will 

also be entered upon qualification. 

(2) An MMC issued to an engineer 

officer endorsed for inspected vessels of 

over 2,000 horsepower will authorize 

the holder to serve in any rating 

capacity in the engine department. If an 

engineer officer qualifies as a 

lifeboatman, the appropriate 

lifeboatman endorsement will be placed 

on the MMC. STCW endorsements as 

RFPEW and PSC will also be entered 

upon qualification. 

(b) The authorized holder of any valid 

rating endorsement may serve in any 

capacity in the staff department of a 

vessel, except in those capacities 

requiring a staff officer; except that 

whenever the service includes the 

handling of food, no person may be so 

employed unless his or her credential 

bears the food handler’s endorsement 

‘‘(F.H.)’’. 

(c) A rating endorsement as able 

seaman or lifeboatman authorizes 

service as lifeboatman. 

(d) The OCMI will issue an STCW 

endorsement if the applicant for or 

holder of an MMC is qualified for the 

endorsement. The OCMI will issue an 

STCW endorsement for the following 

ratings: 

(1) A rating forming part of a 

navigational watch on a seagoing ship of 

500 GT or more if the holder of the 

credential is qualified according to 

STCW Regulation II/4 of the STCW 

Code (incorporated by reference, see 

§ 12.01–3) to perform the navigational 

function at the support level. 

(2) A rating forming part of a watch 

in a manned engineroom, or designated 

to perform duties in a periodically 

unmanned engineroom, on a seagoing 

ship driven by main propulsion 

machinery of 750 kW (1,000 hp) of 

propulsion power or more, if the holder 

is qualified in according to STCW 

Regulation III/4 and Section A-III/4 of 

the STCW Code, (incorporated by 

reference, see § 12.01–3) to perform the 

marine-engineering function at the 

support level. 

(e) At the request of the holder of the 

document, the OCMI may add an 

endorsement to indicate that a qualified 

holder has received basic-safety training 

or instruction required under Chapter VI 

of STCW (incorporated by reference, see 

§ 12.01–3). 

§ 12.02–12 [Removed and Reserved] 

■ 231. Remove and reserve § 12.02–12. 

§ 12.02–13 [Removed and Reserved] 

■ 232. Remove and reserve § 12.02–13. 

§ 12.02–14 [Removed and Reserved] 

■ 233. Remove and reserve § 12.02–14. 

§ 12.02–15 [Removed and Reserved] 

■ 234. Remove and reserve § 12.02–15. 

■ 235. Revise § 12.02–17 to read as 

follows— 

§ 12.02–17 Examination procedures and 

denial of rating endorsements. 

(a) Upon application for a rating 

endorsement, any required examination 

will be given as soon as practicable. 

(b) An applicant for a rating 

endorsement who has been duly 

examined and refused a certificate by 

the Coast Guard may come before the 

Coast Guard for reexamination at any 

time after the date of the initial 

examination. The Coast Guard sets the 

time of reexamination based on the 

applicant’s performance on the initial 

examination. However, the maximum 

waiting period after the initial failure 

will be 30 days, and the maximum 

waiting period after a second or 

subsequent failure will be 90 days. 

(c) An applicant who has been 

examined and refused a certificate by 

the Coast Guard may not again make 

application for examination until 30 

days after the applicant’s last failure of 

an examination or reexamination. 

11256 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§§ 12.02–18 through 12.02–27 [Removed 

and Reserved] 

■ 236. Remove and reserve §§ 12.02–18 

through 12.02–27. 

■ 237. In § 12.03–1 revise paragraphs (a) 

introductory text, (a)(3)(iii), (a)(4), (b), 

(c) introductory text, and (c)(2) to read 

as follows: 

§ 12.03–1 Coast Guard-accepted training 

other than approved courses. 

(a) When the training and assessment 

of competence required by parts 10 or 

12 of this subchapter are not subject to 

approval under § 11.302 of this chapter, 

but are used to qualify an applicant to 

hold an STCW or rating endorsement, 

the training and assessment must meet 

the following requirements: 

* * * * * 

(3) * * * 

(iii) Hold the level of Coast Guard 

credential or other professional 

credential required of those who would 

apply, on board a vessel, the relevant 

level of knowledge, skills, and abilities 

described in the training objectives. 

(4) Neither a specialist in a particular 

field of non-maritime education, such as 

mathematics or first aid, nor a person 

with at least 3 years of service as a 

member of the Armed Forces of the 

United States, specializing in a 

particular field, need hold a Coast 

Guard credential to conduct training in 

that field. 

* * * * * 

(b) The Coast Guard will maintain a 

list of training each of whose offerors 

submits a certificate, initially not less 

than 45 calendar days before offering 

training under this section, and 

annually thereafter, signed by the 

offeror or its authorized representative, 

stating that the training fully complies 

with requirements of this section, and 

identifying the Coast Guard-accepted 

QSS being used for independent 

monitoring. Training on this list will 

offer the training necessary for both 

officer and STCW endorsements under 

this part. The Coast Guard will update 

this list periodically and make it 

available to members of the public on 

request. 

(c) If the Coast Guard determines, on 

the basis of observations or conclusions 

either of its own or of someone 

authorized by it to monitor the training, 

that the particular training does not 

satisfy one or more of the conditions 

described in paragraph (a) of this 

section— 

* * * * * 

(2) The offeror may, within a period 

specified in the notice, either appeal the 

observations or conclusions to the 

National Maritime Center (NMC) or 

bring the training into compliance; and 

* * * * * 

§ 12.05–1 [Amended] 

■ 238. In § 12.05–1— 

■ a. In paragraph (a), remove the words, 

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

their place, the words, ‘‘serving under 

the authority of a rating endorsement’’; 

and remove the words, ‘‘a merchant 

mariner’s document’’, and add, in their 

place, the words, ‘‘an MMC or MMD 

endorsement’’; and 

■ b. In paragraph (b), remove the word, 

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

words, ‘‘MMD or MMC endorsed’’. 

■ 239. In § 12.05–3— 

■ a. In paragraph (a) introductory text, 

remove the word, ‘‘certification’’, and 

add, in its place, the words, ‘‘an 

endorsement’’; 

■ b. In paragraph (a)(2), remove the 

word, ‘‘examination’’ and add, in its 

place, the words, ‘‘and medical 

examination in § 10.215 of this 

subchapter’’; 

■ c. In paragraph (b) introductory text, 

remove the words, ‘‘valid for any period 

on or after February 1, 2002,’’; and 

■ d. Revise paragraph (c) to read as 

follows: 

§ 12.05–3 General requirements. 

* * * * * 

(c) An STCW endorsement as rating 

forming part of the navigational watch 

will be issued or renewed when the 

candidate for an endorsement meets the 

requirements of STCW Regulation II/4 

and of Section A–II/4 of the STCW Code 

(incorporated by reference, see § 12.01– 

3). 

§ 12.05–5 [Removed and Reserved] 

■ 240. Remove and reserve § 12.05–5. 

§ 12.05–7 [Amended] 

■ 241. In § 12.05–7— 

■ a. In paragraph (a) introductory text, 

after the words, ‘‘categories of’’, remove 

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

in their place, the words, ‘‘endorsement 

as able seamen are’’; 

■ b. In paragraph (b) introductory text, 

after the words, ‘‘approved by’’, remove 

the words ‘‘Commanding Officer,’’; and 

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

■ 242. In § 12.05–9— 

■ a. In paragraph (a) introductory text, 

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

in its place, the words, ‘‘issued an 

endorsement’’; and 

■ b. Revise paragraph (e) to read as 

follows: 

§ 12.05–9 Examination and demonstration 

of ability. 

* * * * * 

(e) Any person who holds a valid 

MMC or MMD endorsed as able seaman, 

any waters-12 months and who can 

produce documentary evidence of 

sufficient service to qualify for an 

endorsement as able seaman, any 

waters-unlimited, may be issued a new 

MMC bearing this endorsement without 

additional professional examination. 

The applicant shall surrender for 

cancellation the credential bearing the 

limited endorsement. No physical 

examination will be required at the time 

of this exchange unless it is found that 

the applicant obviously suffers from 

some physical or mental infirmity to a 

degree that in the opinion of the Officer 

in Charge, Marine Inspection, would 

render him incompetent to perform the 

usual duties of an able seaman at sea. If 

such condition is believed to exist, the 

applicant shall be required to undergo 

an examination to determine his 

competency as set forth in § 10.215 of 

this chapter. 

■ 243. In § 12.05–11, revise paragraphs 

(a) and (b) to read as follows: 

§ 12.05–11 General provisions respecting 

endorsements for service as able seamen. 

(a) The holder of an MMC or MMD 

endorsed for the rating of able seamen 

may serve in any rating in the deck 

department without obtaining an 

additional endorsement; provided, 

however, that the holder shall hold the 

appropriate endorsement under the 

STCW (incorporated by reference, see 

§ 12.01–3) when serving as a rating 

forming part of a navigational watch 

(RFPNW) on a seagoing ship of 500 GT 

or more. 

(b) An MMC or MMD endorsed as 

able seaman will also be considered an 

endorsement as lifeboatman. 

* * * * * 

■ 244. Revise § 12.10–1 to read as 

follows: 

§ 12.10–1 Credentials required. 

Every person serving under the 

authority of a rating endorsement as 

lifeboatman on any United States vessel 

requiring lifeboatmen must produce an 

MMC or MMD endorsed as lifeboatman 

or able seaman to the United States 

Customs and Border Protection Port 

Director or his or her representative or 

master before signing articles of 

agreement. No endorsement as 

lifeboatman is required of any person 

employed on any unrigged vessel, 

except on a seagoing barge and on a tank 

barge navigating waters other than rivers 

and/or canals. 

§ 12.10–3 [Amended] 

■ 245. In § 12.10–3— 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11257 

■ a. In paragraph (a) introductory text, 

remove the word, ‘‘certification’’, and 

add, in its place, the words, ‘‘an 

endorsement’’; 

■ b. In paragraphs (a)(2), (a)(5), and 

(a)(6) after the words, ‘‘by the’’, remove 

the words, ‘‘Commanding Officer,’’; 

■ c. In paragraph (a)(5), after the words, 

‘‘National Maritime Center,’’, remove 

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

the word, ‘‘or’’; 

■ d. In paragraph (b), remove the word, 

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

words, ‘‘an endorsement’’; and 

■ e. In paragraph (c), remove the word, 

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

words, ‘‘eligible for an endorsement’’. 

§ 12.10–5 [Amended] 

■ 246. In § 12.10–5— 

■ a. In paragraph (a) introductory text, 

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

in its place, the words, ‘‘issued an 

endorsement’’; and 

■ b. In paragraph (d), remove the words, 

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

their place, the word, ‘‘Each’’; and 

remove the words, ‘‘certificate endorsed 

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

‘‘endorsement with an STCW 

endorsement for’’. 

■ 247. Revise § 12.10–7 to read as 

follows: 

§ 12.10–7 General provisions respecting 

an MMC or MMD endorsed as lifeboatman. 

An MMC or MMD endorsed as able 

seaman is the equivalent of an 

endorsement as lifeboatman and will be 

accepted wherever a lifeboatman is 

required by law; provided, however, 

that, when an able seaman has to be 

endorsed as either proficient in survival 

craft and rescue boats or proficient in 

fast rescue boats, he or she shall hold an 

endorsement under the STCW 

(incorporated by reference, see § 12.01– 

3). 

■ 248. In § 12.10–9, revise the heading, 

paragraphs (a), (b) introductory text, and 

(b)(2) to read as follows: 

§ 12.10–9 Endorsement for proficiency in 

fast rescue boats. 

(a) Each person engaged or employed 

as a lifeboatman proficient in fast rescue 

boats must hold an appropriately 

endorsed MMC or MMD. 

(b) To be eligible for an MMC 

endorsed for proficiency in fast rescue 

boats, an applicant must: 

* * * * * 

(2) Furnish satisfactory proof that he 

or she has met the requirements for 

training and competence of STCW 

Regulation, VI/2 paragraph 2, and the 

appropriate requirements of Section AVI/2 of the STCW Code (incorporated by 

reference in § 12.01–3). 

§ 12.13–3 [Amended] 

■ 249. In § 12.13–3, remove the words, 

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

place, the word, ‘‘MMC’’. 

■ 250. Revise § 12.15–1 to read as 

follows: 

§ 12.15–1 Credentials required. 

(a) Every person serving under the 

authority of a rating endorsement as 

qualified member of the engine 

department on any United States vessel 

requiring qualified members of the 

engine department shall produce an 

endorsement as qualified member of the 

engine department to the United States 

Customs and Border Protection Port 

Director or his or her representative or 

master before signing articles of 

agreement. 

(b) No endorsement as qualified 

member of the engine department is 

required of any person employed on any 

unrigged vessel, except seagoing barges. 

■ 251. In § 12.15–3 revise paragraphs (a) 

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

to read as follows: 

§ 12.15–3 General requirements. 

(a) A qualified member of the engine 

department is any person below officer 

and above the rating of coal passer or 

wiper, who holds an MMC or MMD 

endorsed as qualified member of the 

engine department issued by the Coast 

Guard. 

(b) For purposes of administering this 

part the rating of assistant electrician is 

considered a rating equal to coal passer 

or wiper. 

(c) An applicant, to be eligible for an 

endorsement as qualified member of the 

engine department, shall be able to 

speak and understand the English 

language as would be required in the 

rating of qualified member of the engine 

department and in an emergency aboard 

ship. 

(d) An STCW endorsement will be 

issued or renewed only when the 

candidate for endorsement as a qualified 

member of the engine department also 

produces satisfactory evidence, on the 

basis of assessment of a practical 

demonstration of skills and abilities, of 

having achieved or maintained within 

the previous 5 years the minimum 

standards of competence for the 

following 4 areas of basic safety: 

* * * * * 

(e) An STCW endorsement will be 

issued or renewed only when the 

candidate for endorsement as a qualified 

member of the engine department meets 

the standards of competence set out in 

STCW Regulation III/4 and Section AIII/4 of the STCW Code (incorporated by 

reference, see § 12.01–3), if the 

candidate will be serving as a rating 

forming part of a watch in a manned 

engine-room, or designated to perform 

duties in a periodically unmanned 

engine-room, on a seagoing ship driven 

by main propulsion machinery of 750 

kW [1,000 hp] propulsion power or 

more. 

■ 252. Revise § 12.15–5 to read as 

follows: 

§ 12.15–5 Physical and medical 

requirements. 

The physical and medical 

requirements for an endorsement as 

QMED are found in § 10.215 of this 

chapter. 

§ 12.15–7 [Amended] 

■ 253. In § 12.15–7— 

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

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

certificate of service’’, and add, in their 

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

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

‘‘graduate of a school ship may’’, 

remove the words, ‘‘be rated’’, and add, 

in their place, the words, ‘‘qualify for a 

rating endorsement’’; and 

■ c. In paragraph (c), in the first 

sentence, after the words, ‘‘qualified 

rating’’, add the words, ‘‘in the engine 

department’’. 

§ 12.15–9 [Amended] 

■ 254. In § 12.15–9— 

■ a. In paragraph (a), remove the word, 

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

word, ‘‘endorsement’’; and 

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

the word ‘‘certification’’ wherever it 

appears and add, in its place, the words, 

‘‘an endorsement’’. 

■ 255. Revise § 12.15–11 heading and 

introductory text to read as follows: 

§ 12.15–11 General provisions respecting 

an endorsement as qualified member of the 

engine department. 

The holder of an endorsement with 

one or more qualified members of the 

engine department ratings may serve in 

any unqualified rating in the engine 

department without obtaining an 

additional endorsement. This does not 

mean that an endorsement of one 

qualified member of the engine 

department rating authorizes the holder 

to serve in all qualified member of the 

engine department ratings. Each 

qualified member of the engine 

department rating must be a separate 

endorsement. When, however, the 

applicant qualifies for all ratings 

covered by an endorsement as a QMED, 

the endorsement may read QMED—any 

rating. The ratings are as follows: 

* * * * * 

11258 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§ 12.15–13 [Amended] 

■ 256. In § 12.15–13— 

■ a. In paragraph (a) introductory text, 

remove the words, ‘‘a certificate’’, and 

add, in their place, the words ‘‘an 

endorsement’’; and remove the words, 

‘‘a merchant mariner’s document’’, and 

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

or MMD’’; 

■ b. In paragraph (b), remove the words, 

‘‘merchant mariner’s document’’ and 

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

and 

■ c. In paragraph (c), remove the words, 

‘‘a merchant mariner’s document’’, and 

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

or MMD’’; remove the word 

‘‘unlicensed’’; and after the words, 

‘‘entered on his’’, remove the word 

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

words, ‘‘or her credential’’. 

■ 257. In § 12.15–15, revise paragraphs 

(a) introductory text, (b), and (c) to read 

as follows: 

§ 12.15–15 Engineman. 

(a) An applicant for an endorsement 

as engineman shall be a person holding 

an MMC or MMD document endorsed as 

fireman/watertender and oiler, or junior 

engineer. The applicant shall be eligible 

for such endorsement upon furnishing 

one of the following: 

* * * * * 

(b) The Officer in Charge, Marine 

Inspection, who is satisfied that an 

applicant for the rating of engineman 

meets the requirements specified in this 

section, will endorse this rating on the 

applicant’s MMC. 

(c) Any holder of an MMC or MMD 

endorsed for any rating in the engine 

department, QMED—any rating or deck 

engine mechanic is qualified as an 

engineman and that endorsement will 

not be entered on his or her credential. 

§ 12.25–1 [Amended] 

■ 258. In § 12.25–1— 

■ a. In the section heading, remove the 

word, ‘‘Certification’’, and add, in its 

place, the word, ‘‘Credentials’’; and 

■ b. In the text, remove the word 

‘‘certificated’’; remove the words, ‘‘a 

merchant mariner’s document’’, and 

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

or MMD with the appropriate 

endorsement’’. 

■ 259. Revise § 12.25–10 to read as 

follows: 

§ 12.25–10 General requirements. 

(a) Rating endorsements shall be 

issued without professional 

examination to applicants in capacities 

other than able seaman, lifeboatman, 

tankerman, or QMED. For example, 

ordinary seaman, wiper, and steward’s 

department (F.H.) endorsements do not 

require an exam. Holders of MMCs or 

MMDs endorsed as ordinary seaman 

may serve in any unqualified rating in 

the deck department. Holders of MMCs 

or MMDs endorsed as wiper may serve 

in any unqualified rating in the engine 

department. MMCs or MMDs endorsed 

as steward’s department (F.H.) will 

authorize the holder’s service in any 

capacity in the steward’s department. 

(See § 12.02–11(b) of this part for 

unqualified ratings in the staff 

department.) 

(b) When the holder of an 

endorsement is qualified as a food 

handler, the steward’s department 

endorsement will be followed by the 

further endorsement (F.H.). 

■ 260. Revise § 12.25–20 to read as 

follows: 

§ 12.25–20 Physical and medical 

requirements. 

The physical and medical 

requirements for this subpart are found 

in part 10 of this chapter. 

■ 261. Revise § 12.15–25 to read as 

follows: 

§ 12.25–25 Members of Merchant Marine 

Cadet Corps. 

No ratings other than cadet (deck) or 

cadet (engine), as appropriate, and 

lifeboatman will be shown on an MMC 

issued to a member of the U.S. Merchant 

Marine Cadet Corps. The MMC will also 

indicate that it is valid only while the 

holder is a cadet in the U.S. Maritime 

Administration training program. The 

MMC must be surrendered upon the 

holder being endorsed in any other 

rating or upon being issued an officer’s 

endorsement and the rating of cadet 

(deck) or cadet (engine) will be omitted. 

§ 12.25–30 [Amended] 

■ 262. In § 12.25–30, remove the words, 

‘‘merchant mariner’s document’’, and 

add, in their place, the words, ‘‘MMC 

endorsed’’; remove the words, 

‘‘documents or certificates’’, and add, in 

their place, the word, ‘‘endorsements’’. 

§ 12.25–35 [Amended] 

■ 263. In § 12.25–35— 

■ a. In paragraph (a), remove the words, 

‘‘a merchant mariner’s document’’, and 

add, in their place, the words, ‘‘an 

endorsement’’; and 

■ b. In paragraph (b), remove the words, 

‘‘merchant mariner’s documents with’’. 

§ 12.25–40 [Amended] 

■ 264. In § 12.25–40 text, remove the 

words, ‘‘a merchant mariner’s 

document’’, and add, in their place, the 

words, ‘‘an endorsement’’. 

§ 12.25–45 [Amended] 

■ 265. In § 12.25–45, remove the words, 

‘‘certificate or’’. 

§ 12.30–1 [Amended] 

■ 266. In § 12.30–1, remove the words, 

‘‘certification of’’, and add, in their 

place, the words, ‘‘endorsements for’’. 

§ 12.30–3 [Removed and Reserved] 

■ 267. Remove and reserve § 12.30–3. 

§ 12.30–5 [Amended] 

■ 268. In § 12.30–5, remove the words, 

‘‘after January 31, 1997,’’; and remove 

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

the word, ‘‘endorsement’’. 

§ 12.35–1 [Amended] 

■ 269. In § 12.35–1, remove the word 

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

word ‘‘qualification’’; remove the 

citation, ‘‘§ 12.35–3’’, and add, in its 

place, the words ‘‘part 10 of this 

chapter’’. 

§ 12.35–3 [Removed and Reserved] 

■ 270. Remove and reserve § 12.35–3. 

§ 12.35–5 [Amended] 

■ 271. In § 12.35–5— 

■ a. In the introductory text, remove the 

words, ‘‘If you are an unlicensed person, 

then, before you’’, and add, in their 

place, the words, ‘‘A mariner with no 

endorsements,’’; and remove the words, 

‘‘you must’’, and add, in their place, the 

words, ‘‘only after meeting the following 

conditions’’; and 

■ b. In paragraph (b), remove the words, 

‘‘you do meet’’, and add, in their place, 

the words, ‘‘the mariner meets’’. 

Subpart 12.40—Non-resident Alien 

Members of the Steward’s Department 

on U.S.-Flag Large Passenger Vessels 

■ 272. Revise the heading for the 

subpart 12.40 to read as set forth above. 

§ 12.40–1 [Amended] 

■ 273. In § 12.40–1, remove the words, 

‘‘merchant mariner’s documents’’, and 

add, in their place, the words, 

‘‘merchant mariner credentials’’. 

§ 12.40–3 [Removed and Reserved] 

■ 274. Remove and reserve § 12.40–3. 

§ 12.40–5 [Amended] 

■ 275. In § 12.40–5— 

■ a. In paragraph (a), remove the words, 

‘‘merchant mariner’s documents’’, and 

add, in their place, the words, 

‘‘merchant mariner credentials’’; and 

■ b. In paragraph (b) remove the words, 

‘‘merchant mariner’s document’’, and 

add, in their place, the words, 

‘‘merchant mariner credential’’. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11259 

§ 12.40–7 [Amended] 

■ 276. In § 12.40–7, remove the words, 

‘‘merchant mariner’s document’’, 

wherever they occur, and add, in their 

place, the words, ‘‘merchant mariner 

credential’’. 

§ 12.40–9 [Amended] 

■ 277. In § 12.40–9— 

■ a. Remove the words, ‘‘merchant 

mariner’s document’’, wherever they 

occur, and add, in their place, the 

words, ‘‘merchant mariner credential’’; 

and 

■ b. After the words, ‘‘denial established 

in’’, remove the words, ‘‘§ 12.02–4 of 

this part’’, and add, in their place, the 

words, ‘‘§§ 10.209, 10.211, and 10.213 of 

this subchapter’’. 

§ 12.40–11 [Amended] 

■ 278. In § 12.40–11— 

■ a. In paragraph (a), remove the words, 

‘‘§§ 12.02–10, 12.02–12 and 12.02–14 of 

this part’’, and add, in their place, the 

words, ‘‘§ 10.221 of this subchapter’’; 

remove the words, ‘‘merchant mariner’s 

document’’, and add, in their place, the 

words, ‘‘merchant mariner credential’’; 

and 

■ b. In paragraph (c) remove the words, 

‘‘merchant mariner’s document’’, and 

add, in their place, the words, 

‘‘merchant mariner credential’’. 

§ 12.40–13 [Amended] 

■ 279. In § 12.40–13— 

■ a. In paragraphs (a), (b), and (c), 

remove the words ‘‘merchant mariner’s 

document’’, wherever they occur, and 

add, in their place, the words, 

‘‘merchant mariner credential’’; and 

■ b. In paragraph (c)(2), remove the 

words, ‘‘§§ 12.02–10, 12.02–12 and 

12.02–14 of this part’’, and add, in their 

place, the words, ‘‘§ 10.221 of this 

subchapter’’. 

§ 12.40–15 [Amended] 

■ 280. In § 12.40–15— 

■ a. In paragraph (a) remove the words, 

‘‘merchant mariner’s document’’, and 

add, in their place, the words, 

‘‘merchant mariner credential’’. 

PART 13—CERTIFICATION OF 

TANKERMEN 

■ 281. The authority citation for part 13 

continues to read as follows: 

Authority: 46 U.S.C. 3703, 7317, 8105, 

8703, 9102; Department of Homeland 

Security Delegation No. 0170.1. 

§ 13.101 [Amended] 

■ 282. In § 13.101, remove the words, 

‘‘to a merchant mariner’s document’’, 

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

a merchant mariner credential’’. 

§ 13.103 [Removed and Reserved] 

■ 283. Remove and reserve § 13.103. 

■ 284. Add new § 13.106 to read as 

follows: 

§ 13.106 Requirement to hold an MMC. 

An applicant for any endorsement in 

this part must also meet the 

requirements for the MMC on which the 

endorsement would appear. These 

requirements are set out in part 10 of 

this chapter. 

§ 13.107 [Amended] 

■ 285. In § 13.107— 

■ a. In paragraphs (a), (b), (c), (d), (e), 

and (f), remove the word, ‘‘MMD’’, 

wherever it appears, and add, in its 

place, the word, ‘‘MMC’’; 

■ b. In paragraph (a), remove the words, 

‘‘engineer’s license’’, and add, in its 

place, the words, ‘‘engineer license or 

engineer endorsement’’; 

■ c. In paragraph (d), place quotation 

marks (‘‘’’) before and after the words, 

‘‘Tankerman-Engineer’’; after the words 

‘‘No person licensed’’, add the words, 

‘‘or credentialed’’; and remove the 

citation, ‘‘part 10’’, and add, in its place, 

the citation ‘‘part 11’’; 

■ d. In paragraph (e), remove the 

citation, ‘‘13.103’’ and add, in its place, 

the citation, ‘‘10.107’’; and 

■ e. In paragraph (f), remove the citation 

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

citation ‘‘10.217’’; remove the word 

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

word, ‘‘title’’. 

§ 13.109 [Amended] 

■ 286. In § 13.109(c), remove the 

citation, ‘‘10.105’’, and add, in its place, 

the citation, ‘‘10.217’’; and remove the 

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

word, ‘‘MMC’’. 

§ 13.111 [Amended] 

■ 287. In § 13.111— 

■ a. In the section heading, after the 

word, ‘‘Restricted’’, add the word, 

‘‘tankerman’’; 

■ b. In paragraph (a), remove the 

citation, ‘‘46 CFR 10.105’’, and add, in 

their place, the words, ‘‘§ 10.217 of this 

chapter’’; 

■ c. In paragraph (d)(3), after the words, 

‘‘passing a physical’’, add the words, 

‘‘and medical’’; remove the words ‘‘in 

accordance with § 13.125’’, and add, in 

their place, the words, ‘‘according to 

§ 10.215 of this chapter’’; and 

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

‘‘Seafarers, 1978’’, add the words ‘‘, as 

amended’’. 

§ 13.119 [Amended] 

■ 288. In § 13.119, remove the word, 

‘‘MMD’’, and add, in its place, the 

words, ‘‘merchant mariner’s document 

or merchant mariner credential on 

which the endorsement appears’’. 

§ 13.120 [Amended] 

■ 289. In § 13.120, in the section 

heading, before the word, 

‘‘endorsement’’, add the word, 

‘‘tankerman’’; remove the citation, 

‘‘12.02–27’’, and add, in its place, the 

citation, ‘‘10.227’’; and remove the 

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

word, ‘‘MMC’’. 

§ 13.121 [Amended] 

■ 290. In § 13.121— 

■ a. In the section heading, remove the 

word, ‘‘training’’, and after the word, 

‘‘tankerman’’, add the word, 

‘‘endorsements’’; and 

■ b. In paragraph (a), remove the text, 

‘‘10.203 and 10.304’’, and add, in its 

place, the text, ‘‘11.302 and 11.304’’. 

§ 13.125 [Amended] 

■ 291. In § 13.125— 

■ a. In the section heading, after the 

word, ‘‘Physical’’, add the words, ‘‘and 

medical’’. 

■ b. In the text, remove the words, 

‘‘10.205(d) of this chapter, excluding 

paragraph (d)(2) of that section’’, and 

add, in their place, the words, ‘‘10.215 

of this chapter’’. 

§ 13.129 [Amended] 

■ 292. In § 13.129— 

■ a. In the section heading, after the 

word, ‘‘tankerman’’, add the word, 

‘‘endorsements’’. 

■ b. In table 13.129, in the column, 

‘‘Physical required’’, remove the 

numbers ‘‘13.125’’, ‘‘13.111(b)’’, 

‘‘13.111(c)’’, and ‘‘13.111(d)(3)’’ 

wherever they appear and add, in their 

place, the number ‘‘10.215’’. 

§ 13.201 [Amended] 

■ 293. In paragraph (c), after the word, 

‘‘physical’’, add the words, ‘‘and 

medical’’; and remove the words, ‘‘in 

accordance with § 13.125’’, and add, in 

their place, the words, ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.203 [Amended] 

■ 294. In § 13.203— 

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

‘‘service as a’’, remove the word, 

‘‘licensed’’; after the words, ‘‘deck 

officer or’’, remove the words, ‘‘a 

licensed’’; and before the word, 

‘‘engineering’’, add the word, ‘‘an’’; 

■ b. In paragraph (a)(2), remove the 

word, ‘‘unlicensed’’, and add, in its 

place, the word, ‘‘rating’’; and 

■ c. In paragraph (c) introductory text, 

after the word, ‘‘MMD’’, add the words 

‘‘or MMC’’. 

11260 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§ 13.207 [Amended] 

■ 295. In § 13.207, remove the words, 

‘‘license or a tankerman endorsement’’, 

and add, in their place, the words, 

‘‘license, tankerman endorsement, or 

officer endorsement on an MMC’’. 

§ 13.301 [Amended] 

■ 296. In § 13.301(c), after the word, 

‘‘physical’’, add the words, ‘‘and 

medical’’; and remove the words, ‘‘in 

accordance with § 13.125’’, and add, in 

their place, the words, ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.303 [Amended] 

■ 297. In § 13.303(c) introductory text, 

after the word, ‘‘MMD’’, add the words, 

‘‘or MMC’’. 

§ 13.307 [Amended] 

■ 298. In § 13.307(a), remove the words, 

‘‘license or a tankerman endorsement’’, 

and add, in their place, the words, 

‘‘license, tankerman endorsement on an 

MMD or MMC, or an officer 

endorsement on an MMC’’. 

§ 13.401 [Amended] 

■ 299. In § 13.401(c), after the word, 

‘‘physical’’, add the words, ‘‘and 

medical’’; and remove the words, ‘‘in 

accordance with § 13.125’’, and add, in 

their place, the words, ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.403 [Amended] 

■ 300. In § 13.403(b) introductory text, 

after the word, ‘‘MMD’’, add the words, 

‘‘or MMC’’. 

§ 13.407 [Amended] 

■ 301. In § 13.407, remove the words, 

‘‘for a license or endorsement’’, and add, 

in their place, the words, ‘‘to the Coast 

Guard for any other endorsement or 

credential’’. 

§ 13.501 [Amended] 

■ 302. In § 13.501(c), after the word, 

‘‘physical’’, add the words, ‘‘and 

medical’’; remove the words, ‘‘in 

accordance with § 13.125’’, and add, in 

their place, the words, ‘‘according to 

§ 10.215 of this chapter’’. 

§ 13.503 [Amended] 

■ 303. In § 13.503— 

■ a. In paragraph (a)(1), remove the 

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

place, the word, ‘‘an’’; after the words, 

‘‘engineering officer’’, remove the word, 

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

‘‘on’’; 

■ b. In paragraph (a)(2), remove the 

word, ‘‘unlicensed’’, and add, in its 

place, the word, ‘‘rating’’; and 

■ c. In paragraph (b), after the word, 

‘‘MMD’’, add the words, ‘‘or MMC’’. 

§ 13.505 [Amended] 

■ 304. In § 13.505(a)(2), remove the 

words, ‘‘licensed and unlicensed’’, and 

add, in their place, the words, ‘‘officer, 

rating, and cadet’’. 

§ 13.507 [Amended] 

■ 305. In § 13.507 text, remove the 

words, ‘‘for a license or tankerman 

endorsement’’, and add, in their place, 

the words, ‘‘to the Coast Guard for any 

other endorsement or credential’’. 

PART 14—SHIPMENT AND 

DISCHARGE OF MERCHANT 

MARINERS 

■ 306. The authority citation for part 14 

is revised to read as follows: 

Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 

103 and 104; 46 U.S.C. 70105. 

§ 14.205 [Amended] 

■ 307. In § 14.205, after the words, 

‘‘every document, certificate,’’ add the 

word, ‘‘credential,’’. 

§ 14.207 [Amended] 

■ 308. In § 14.207(a)(1), after the words, 

‘‘specify at least the name, the’’, remove 

the words, ‘‘number of the license or 

merchant mariner’s document’’, and add 

the words, ‘‘license, MMD, or MMC 

number,’’. 

§ 14.307 [Amended] 

■ 309. In § 14.307(a), remove the words, 

‘‘and merchant mariner’s document 

number’’, and add, in their place, the 

words, ‘‘MMD or MMC number’’. 

PART 15—MANNING REQUIREMENTS 

■ 310. The authority citation for part 15 

is revised to read as follows: 

Authority: 46 U.S.C. 2101, 2103, 3306, 

3703, 8101, 8102, 8104, 8105, 8301, 8304, 

8502, 8503, 8701, 8702, 8901, 8902, 8903, 

8904, 8905(b), 8906, 9102, and 70105; and 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 15.103 [Amended] 

■ 311. In § 15.103— 

■ a. In paragraph (b), remove the words, 

‘‘of licensed individuals and members 

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

words, ‘‘number of officers and rated 

crew’’; and after the words, ‘‘minimum 

qualifications concerning licenses’’, add 

the words, ‘‘and MMC endorsements’’; 

■ b. In paragraph (c), remove the words, 

‘‘licensed individuals’’, and add, in 

their place, the word, ‘‘officers’’; and 

■ c. In paragraph (g), remove the words, 

‘‘Licensed personnel’’, and add, in their 

place, the word, ‘‘Personnel’’; after the 

words, ‘‘an appropriate STCW’’, remove 

the words ‘‘certificate or endorsement’’, 

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] 

■ 312. Remove and reserve subpart B, 

consisting of § 15.301. 

■ 313. Revise § 15.401 to read as 

follows: 

§ 15.401 Employment and service within 

restrictions of credential. 

A person may not employ or engage 

an individual, and an individual may 

not serve, in a position in which an 

individual is required by law or 

regulation to hold a license, certificate 

of registry, merchant mariner’s 

document, transportation worker 

identification credential, and/or 

merchant mariner credential, unless the 

individual holds all credentials 

required, as appropriate, authorizing 

service in the capacity in which the 

individual is engaged or employed and 

the individual serves within any 

restrictions placed on the credential. 

Beginning April 15, 2009, all mariners 

holding an active license, certificate of 

registry, MMD, or MMC issued by the 

Coast Guard must also hold a valid 

transportation worker identification 

credential (TWIC) issued by the 

Transportation Security Administration 

under 49 CFR part 1572. 

§ 15.405 [Amended] 

■ 314. In § 15.405, remove the words, 

‘‘licensed, registered, or certificated’’, 

and add, in their place, the word, 

‘‘credentialed’’. 

§ 15.410 [Amended] 

■ 315. In § 15.410— 

■ a. In the section heading, remove the 

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

the word, ‘‘Credentialed’’; and 

■ b. In the text, remove the words, ‘‘a 

licensed individual authorized’’, and 

add, in their place, the words, ‘‘an 

individual holding a license or MMC 

authorizing them’’. 

§ 15.415 [Removed and Reserved] 

■ 316. Remove and reserve § 15.415. 

§ 15.515 [Amended] 

■ 317. In § 15.515(b) introductory text, 

remove the words, ‘‘issued by the Coast 

Guard’’, and add, in their place, the 

words, ‘‘or appropriate officer 

endorsement on their MMC’’. 

■ 318. In § 15.520, revise paragraphs (b) 

through (i) and (l) to read as follows: 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11261 

§ 15.520 Mobile offshore drilling units. 

* * * * * 

(b) The OCMI determines the 

minimum number of officers and crew 

(including lifeboatmen) required for the 

safe operation of inspected MODUs. In 

addition to other factors listed in this 

part, the specialized nature of the 

MODU is considered in determining the 

specific manning levels. 

(c) A license or officer endorsement 

on an MMC as offshore installation 

manager (OIM), barge supervisor (BS), 

or ballast control operator (BCO) 

authorizes service only on MODUs. A 

license or endorsement as OIM is 

restricted to the MODU type and mode 

of operation specified on the credential. 

(d) A self-propelled MODU other than 

a drillship must be under the command 

of an individual who holds a license as 

master endorsed as OIM or an MMC 

with master and OIM officer 

endorsements. 

(e) A drillship must be under the 

command of an individual who holds a 

license or MMC officer endorsement as 

master. When a drillship is on location, 

the individual in command must hold a 

license as master endorsed as OIM or an 

MMC with master and OIM officer 

endorsements. 

(f) A non-self-propelled MODU must 

be under the command of an individual 

who holds a license or MMC officer or 

endorsement as OIM. 

(g) An individual serving as mate on 

a self-propelled surface unit other than 

a drillship must hold an appropriate 

license or MMC officer endorsement as 

mate and an endorsement as BS or BCO. 

An individual holding a license or MMC 

officer endorsement as barge supervisor 

or ballast control operator may be 

substituted for a required mate when a 

self-propelled surface unit other than a 

drillship is on location or under tow, 

under certain circumstances as 

determined by the cognizant OCMI. 

(h) An individual holding a license or 

MMC officer endorsement as barge 

supervisor is required on a non-selfpropelled surface unit other than a 

drillship. 

(i) An individual holding a license or 

MMC officer endorsement as barge 

supervisor may serve as ballast control 

operator. 

* * * * * 

(l) A surface mobile offshore drilling 

unit underway or on location, when 

afloat and equipped with a ballast 

control room, must have that ballast 

control room manned by an individual 

holding a license or MMC officer 

endorsement authorizing service as 

ballast control operator. 

§ 15.530 [Amended] 

■ 319. In § 15.530— 

■ a. Remove paragraph (a) and 

redesignate paragraphs (b) through (g) as 

paragraphs (a) through (f), respectively; 

■ b. In newly redesignated paragraphs 

(a), (b), (d) and (e), remove the words, 

‘‘merchant mariner’s document’’, 

wherever they occur, and add, in their 

place, the words, ‘‘merchant mariner 

credential’’; and 

■ b. In newly redesignated paragraph 

(c), remove the words, ‘‘unlicensed 

seamen’’, and add, in their place, the 

word, ‘‘ratings’’. 

§ 15.605 [Amended] 

■ 320. In § 15.605— 

■ a. In the section heading, remove the 

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

the word, ‘‘Credentialed’’; 

■ b. In the introductory text, remove the 

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

the word, ‘‘credentialed’’; 

■ c. In paragraph (a), remove the words, 

‘‘, carrying not more than six 

passengers,’’; after the words, ‘‘holding 

a license’’, add the words, ‘‘or MMC 

endorsed’’; after the words, ‘‘as 

operator’’, add the words, ‘‘of 

uninspected passenger vessels’’; and 

■ d. In paragraph (b), remove the word, 

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

word, ‘‘credentialed’’. 

§ 15.610 [Amended] 

■ 321. In § 15.610— 

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

‘‘and control of a person’’, remove the 

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

the words, ‘‘holding a license or MMC 

officer endorsement’’; and after the 

words, ‘‘endorsement on his or her 

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

■ b. Remove paragraph (b); 

■ c. Redesignate paragraph (c) as 

paragraph (b); and 

■ d. In newly redesignated paragraph (b) 

introductory text, remove the words, 

‘‘who holds a first-class pilot’s license 

or endorsement for that route, or’’, and 

add, in their place, the words, ‘‘meeting 

the requirements of paragraph (a) of this 

section who holds either a first-class 

pilot’s endorsement for that route, MMC 

officer endorsement for the Western 

Rivers, or meets the requirements of 

paragraph (a) and’’; and remove the 

words, ‘‘paragraph (c)(1) or paragraph 

(c)(2)’’, and add, in their place, the 

words, ‘‘paragraphs (b)(1) or (b)(2)’’. 

§ 15.701 [Amended] 

■ 322. In § 15.701— 

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

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

‘‘or MMC officer endorsement’’; and 

remove the words, ‘‘part 10’’, and add, 

in their place, the words, ‘‘parts 10 and 

11’’; and 

■ b. In paragraph (c), after the words, 

‘‘employees of the’’, remove the word, 

‘‘Customs’’, and add, in their place, the 

words, ‘‘Customs and Border 

Protection’’. 

§ 15.705 [Amended] 

■ 323. In § 15.705— 

■ a. In paragraph (b), in the first 

sentence, remove the words, ‘‘licensed 

individuals’’, and add, in their place, 

the word, ‘‘officers’’; and in the second 

sentence, after the words, ‘‘deck 

department other than’’, remove the 

word, ‘‘licensed’’; 

■ b. In paragraph (c) introductory text, 

remove the words, ‘‘licensed 

individuals’’, and add, in their place, 

the word, ‘‘officers’’; and 

■ c. In paragraphs (d), (e)(1) 

introductory text, and (e)(2), remove the 

word ‘‘licensed’’ wherever it appears. 

§ 15.710 [Amended] 

■ 324. In § 15.710 introductory text, in 

the first sentence, after the words, ‘‘on 

the working hours of’’, remove the 

words, ‘‘licensed individuals’’, and add, 

in their place, the words, ‘‘credentialed 

officers’’; and in the third sentence, after 

the words, ‘‘master or other’’, remove 

the words, ‘‘licensed individual’’, and 

add, in their place, the words, 

‘‘credentialed officer’’. 

■ 324. In § 15.720, revise paragraphs (a), 

(b) introductory text, and (d) to read as 

follows: 

§ 15.720 Use of non-U.S. credentialed 

personnel. 

(a) United States vessels which need 

to replace one or more persons while on 

a foreign voyage and outside the 

jurisdiction of the United States, in 

order to meet manning requirements, 

may use non-U.S. credentialed 

personnel without a TWIC, except for 

the positions of master and radio officer, 

until the vessel returns to a port at 

which in the most expeditious manner 

replacements who are citizens of the 

United States can be obtained. 

(b) The citizenship requirements of 46 

U.S.C. 8103(a) and (b) and the TWIC 

requirement of 46 U.S.C. 70105 are 

waived, except for the requirement that 

the master must be a U.S. citizen 

holding a TWIC, with respect to the 

following vessels: 

* * * * * 

(d) The master shall assure that any 

replacements of crewmembers by nonU.S. citizens made in accordance with 

this section will be with an individual 

who holds a credential which is 

equivalent in experience, training, and 

other qualifications to the U.S. 

11262 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

credential required for the position and 

that the person possesses or will possess 

the training required to communicate to 

the extent required by § 15.730 of this 

part. 

§ 15.725 [Amended] 

■ 325. In § 15.725, in the first sentence, 

remove the words, ‘‘licensed or 

documented’’, and add, in their place, 

the word, ‘‘credentialed’’. 

§ 15.730 [Amended] 

■ 326. In § 15.730(d), remove the words, 

‘‘licensed individuals’’, wherever they 

appear, and add, in their place, the 

word, ‘‘officers’’; and in the fourth 

sentence, after the words ‘‘spoken 

directly by the’’, remove the words, 

‘‘licensed individual’’, and add, in their 

place, the word, ‘‘officer’’. 

§ 15.805 [Amended] 

■ 327. In § 15.805— 

■ a. In paragraph (a) introductory text, 

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

words, ‘‘or a valid MMC with 

endorsement as master’’; 

■ b. In paragraph (a)(5) introductory 

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

add, in its place, the words, ‘‘holding a 

license or MMC endorsed’’; and 

■ c. In paragraph (a)(5)(ii), remove the 

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

the words, ‘‘or MMC with officer 

endorsement’’. 

§ 15.810 [Amended] 

■ 328. In § 15.810— 

■ a. In paragraph (a), remove the word 

‘‘licensed’’; 

■ b. In paragraph (b) introductory text, 

remove the word, ‘‘licensed mates’’ and 

add, in its place, the words ‘‘mariners 

holding a license or MMC officer 

endorsement as mate’’; 

■ c. In paragraphs (b)(1) through (5), 

remove the word, ‘‘licensed’’, wherever 

it appears; 

■ d. In paragraph (c), after the words, 

‘‘appropriate license’’, add the words, 

‘‘or MMC’’; 

■ e. In paragraph (d) introductory text, 

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

add, in their place, the words, ‘‘satisfy 

the requirements of § 15.805(a)(5) of this 

part or hold a license or MMC’’; 

■ f. In paragraph (d)(2) introductory 

text, after the words, ‘‘officer’s license’’, 

add the words, ‘‘or MMC’’; and 

■ g. In paragraph (d)(2)(ii), remove the 

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

the words, ‘‘or MMC with officer 

endorsement’’. 

■ 329. In § 15.812— 

■ a. In table 15.812(e)(1), in the heading 

to the second column, after the words, 

‘‘First Class Pilot’s licenses’’, add the 

words, ‘‘or MMC officer endorsements’’; 

■ b. In table 15.812(e)(2), in the heading 

to the second column, after the words, 

‘‘First Class Pilot’s licenses’’, add the 

words, ‘‘or MMC officer endorsements’’; 

remove the word, ‘‘Operator’’, wherever 

it appears and add, in its place, the 

words, ‘‘Master, Mate (Pilot) of towing 

vessels’’; and 

■ c. Revise paragraphs (b), (c), (f)(1) 

introductory text, (f)(1)(i), and (f)(2) 

introductory text to read as follows: 

§ 15.812 Pilots. 

* * * * * 

(b) The following individuals may 

serve as a pilot for a vessel subject to 

paragraph (a) of this section, when 

underway on the navigable waters of the 

United States that are designated areas: 

(1) An individual holding a valid first 

class pilot’s license or MMC with a first 

class pilot’s endorsement, operating 

within the restrictions of his or her 

credential, may serve as pilot on any 

vessel to which this section applies. 

(2) An individual holding a valid 

license or MMC officer endorsement as 

master or mate, employed aboard a 

vessel within the restrictions of his or 

her credential, may serve as pilot on a 

vessel of not more than 1,600 gross tons 

propelled by machinery, described in 

paragraphs (a)(1) and (a)(3) of this 

section, provided he or she: 

(i) Is at least 21 years old; 

(ii) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; and 

(iii) Has completed a minimum of 

four round trips over the route to be 

traversed while in the wheelhouse as 

watchstander or observer. At least one 

of the round trips must be made during 

the hours of darkness if the route is to 

be traversed during darkness 

(3) An individual holding a valid 

license or MMC officer endorsement as 

master, mate, or operator employed 

aboard a vessel within the restrictions of 

his or her credential, may serve as pilot 

on a tank barge or tank barges totaling 

not more than 10,000 gross tons, 

described in paragraphs (a)(1) and (a)(3) 

of this section, provided he or she: 

(i) Is at least 21 years old; 

(ii) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; 

(iii) Has a current physical 

examination in accordance with the 

provisions of § 11.709 of this chapter; 

(iv) Has at least six-months service in 

the deck department on towing vessels 

engaged in towing operations; and 

(v) Has completed a minimum of 

twelve round trips over the route to be 

traversed, as an observer or under 

instruction in the wheelhouse. At least 

three of the round trips must be made 

during the hours of darkness if the route 

is to be traversed during darkness. 

(c) An individual holding a valid 

license or MMC officer endorsement as 

master, mate, or operator, employed 

aboard a vessel within the restrictions of 

his or her credential, may serve as a 

pilot for a vessel subject to paragraphs 

(a)(1) and (a)(2) of this section, when 

underway on the navigable waters of the 

United States that are not designated 

areas of pilotage waters, provided he or 

she: 

(1) Is at least 21 years old; 

(2) Complies with the currency of 

knowledge provisions of § 11.713 of this 

chapter; and 

(3) Has a current physical 

examination in accordance with the 

provisions of § 11.709 of this chapter. 

* * * * * 

(f) * * * 

(1) When operating from 60°49′ north 

latitude to the Port of Valdez be under 

the direction and control of an 

individual holding a valid license or 

MMC endorsed as pilot who: 

(i) Is operating under the authority of 

a license or MMC; 

* * * * * 

(2) Navigate with either two 

credentialed deck officers on the bridge 

or an individual holding a valid license 

or MMC endorsed as pilot when 

operating south of 60°49′ north latitude 

and in the approaches through 

Hinchinbrook Entrance and in the area 

bounded: 

* * * * * 

§ 15.815 [Amended] 

■ 330. In § 15.815— 

■ a. In paragraph (a), remove the words, 

‘‘licensed deck individuals’’, and add, 

in their place, the words, ‘‘deck 

officers’’; and 

■ b. In paragraph (c), remove the words, 

‘‘be licensed’’, and add, in their place, 

the words, ‘‘hold a license or MMC 

officer endorsement’’; and after the 

words, ‘‘service as master’’, remove the 

words, ‘‘, mate, or operator’’, and add, 

in their place, the words ‘‘or mate’’. 

§ 15.820 [Amended] 

■ 331. In § 15.820— 

■ a. In paragraph (a) introductory text, 

remove the words, ‘‘appropriate 

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

words, ‘‘MMC or license endorsed’’; and 

after the words, ‘‘as chief engineer or’’, 

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

in their place, the words, ‘‘other 

credential’’; 

■ b. In paragraph (a)(3), remove the 

words, ‘‘a licensed individual’’, and 

add, in their place, the words, ‘‘an 

individual with a license or the 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11263 

appropriate MMC officer endorsement’’; 

and 

■ c. In paragraph (b), remove the words, 

‘‘appropriate license’’ and add, in their 

place, the words, ‘‘appropriately 

endorsed license or MMC’’. 

§ 15.825 [Amended] 

■ 332. In § 15.825— 

■ a. In paragraph (a), remove the words, 

‘‘appropriate license’’ and add, in their 

place, the words, ‘‘appropriately 

endorsed license or MMC’’; and 

■ b. In paragraph (b), remove the word, 

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

word, ‘‘credentialed’’. 

§ 15.835 [Amended] 

■ 333. In § 15.835 text, remove the 

number, ‘‘10’’, and add, in its place, the 

number, ‘‘11’’. 

§ 15.840 [Amended] 

■ 334. In § 15.840(a), remove the words, 

‘‘licensed individuals’’, and add, in 

their place, the words, ‘‘individuals 

serving as officers’’. 

§ 15.860 [Amended] 

■ 335. In § 15.860— 

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

‘‘merchant mariner’s documents’’, add 

the words, ‘‘or MMCs’’; 

■ b. In paragraph (f) introductory text, 

after the words, ‘‘merchant mariner’s 

documents’’, add the words, ‘‘or 

MMCs’’; 

■ c. In paragraph (f)(3), remove the 

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

their place, the words, ‘‘credentialed 

officer’’; 

■ d. In paragraph (f)(4), remove the 

words, ‘‘licensed or unlicensed person’’, 

and add, in their place, the words, 

‘‘officer or crewmember’’; and 

■ e. In table 15.860(a)(2), in the first 

column, sixth row, remove the words, 

‘‘Licensed Person’’, and add, in their 

place, the words, ‘‘Credentialed 

Officer’’; and in the first column, 

seventh row, remove the words 

‘‘Licensed or Unlicensed Person’’, and 

add, in their place, the words, 

‘‘Credentialed Officer or Crewmember’’. 

§ 15.901 [Amended] 

■ 336. In § 15.901, paragraphs (a), (b), 

(c), and (d), after the words ‘‘holding a 

license’’, wherever they appear, add the 

words, ‘‘or MMC endorsed’’; after the 

words, ‘‘on the individual’s license’’, 

wherever they appear, add the words, 

‘‘or MMC’’; and remove the words, 

‘‘authorizing service’’, wherever they 

appear. 

§ 15.905 [Amended] 

■ 337. In § 15.905 (a), (b), and (c), after 

the words, ‘‘holding a license’’, 

wherever they appear, add the words, 

‘‘or MMC endorsed’’; and after the 

words, ‘‘on the individual’s license’’, 

wherever they appear, add the words, 

‘‘or MMC’’. 

■ 338. Revise § 15.910 to read as 

follows: 

§ 15.910 Towing vessels. 

No person may serve as a master or 

mate (pilot) of any towing vessel 

without meeting the requirements of 

§§ 15.805(a)(5) or 15.810(d) of this part. 

§ 15.915 Engineer Officer Endorsements. 

■ 339. In § 15.915— 

■ a. Revise the heading to read as set 

forth above. 

■ b. In the introductory text, after the 

words, ‘‘following licenses’’, add the 

words, ‘‘and MMC officer 

endorsements’’; and after the words, ‘‘on 

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

and 

■ c. In paragraphs (a) introductory text, 

(b), (c), and (d), after the word, 

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

words, ‘‘or endorsement’’. 

§ 15.1001 [Amended] 

■ 340. In § 15.1001, remove the words, 

‘‘an appropriately endorsed Federal first 

class pilot’s license issued by the Coast 

Guard’’, and add, in their place, the 

words, ‘‘a valid MMC or license with 

appropriate endorsement as a first-class 

pilot’’. 

■ 341. In § 15.1103— 

■ a. Revise the section heading; 

■ b. In paragraph (c), remove the words, 

‘‘After January 31, 2002, on’’, and add, 

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

■ c. Revise paragraphs (d), (e) 

introductory text, (f), and (h). 

The revisions read as follows: 

§ 15.1103 Employment and service within 

the restrictions of an STCW endorsement or 

of a certificate of training. 

* * * * * 

(d) You must hold documentary 

evidence to show you meet the 

requirements of §§ 11.1005 or 12.30–5 of 

this chapter, as appropriate, if you are 

a master or crewmember on board a RoRo passenger ship to which a certificate 

signifying compliance with the 

International Convention for the Safety 

of Life at Sea, 1974, as amended 

(SOLAS) (SOLAS is available from the 

International Maritime Organization 

(IMO), 4 Albert Embankment, London, 

SE1 7SR, England, telephone: + 44 (0)20 

7735 7611, http://www.imo.org), has 

been issued. 

(e) You must hold documentary 

evidence to show you meet the 

requirements of §§ 11.1005 or 12.30–5 of 

this chapter, as appropriate, if you are 

a master or crewmember on board a 

vessel that is— 

* * * * * 

(f) On board a seagoing vessel 

required to comply with provisions of 

the Global Maritime Distress and Safety 

System (GMDSS) in Chapter IV of 

SOLAS, no person may employ or 

engage any person to serve, and no 

person may serve, as the master, chief 

mate, or officer of the navigational 

watch, unless the person serving holds 

the appropriate certificate or 

endorsement for operator of radio in 

GMDSS. 

* * * * * 

(h) On board a seagoing vessel fitted 

with an Automatic Radar Plotting Aid 

(ARPA), no person may employ or 

engage any person to serve, and no 

person may serve, as the master, chief 

mate, or officer of the navigational 

watch, unless the person so serving has 

been trained in the use of ARPA 

according to §§ 11.205 or 11.209 of this 

chapter, whichever is appropriate. 

§ 15.1105 [Amended] 

■ 342. In § 15.1105(a) introductory text, 

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

words, ‘‘After January 31, 1997, on’’, 

wherever they appear and add, in their 

place, the word, ‘‘On’’. 

§ 15.1107 [Amended] 

■ 343. In § 15.1107— 

■ a. In the introductory text, after the 

words, ‘‘mariner holding a license’’, add 

the words, ‘‘, MMC,’’; and 

■ b. In paragraph (c), remove the words, 

‘‘licenses, documents, or 

endorsements’’, and add, in their place, 

the word, ‘‘credentials’’. 

§ 15.1111 [Amended] 

■ 344. In § 15.1111, paragraph (a), 

remove the words, ‘‘After January 31, 

1997, each’’, and add, in their place, the 

word, ‘‘Each’’. 

PART 16—CHEMICAL TESTING 

■ 345. The authority citation for part 16 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 7101, 

7301, and 7701; Department of Homeland 

Security Delegation No. 0170.1. 

■ 346. In § 16.105, add, in alphabetical 

order, a definition for ‘‘credential’’ as set 

out below; in the definition for 

‘‘crewmember’’, redesignate paragraphs 

(a), (b) introductory text, (b)(1), (b)(2), 

(b)(3) and (b)(4) as paragraphs (1), (2), 

(2)(i), (2)(ii), (2)(iii), and (2)(iv) 

respectively; and revise newly 

redesignated paragraphs (1) and (2) 

introductory text of the definition for 

‘‘crewmember’’ to read as follows: 

11264 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

§ 16.105 Definitions of terms used in this 

part. 

* * * * * 

Credential is a term used to refer to 

any or all of the following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

Crewmember means an individual 

who is— 

(1) Onboard a vessel acting under the 

authority of a credential issued under 

this subchapter, whether or not the 

individual is a member of the vessel’s 

crew; or 

(2) Engaged or employed onboard a 

vessel owned in the United States that 

is required by law or regulation to 

engage, employ, or be operated by an 

individual holding a credential issued 

under this subchapter, except for the 

following: 

* * * * * 

§ 16.113 [Amended] 

■ 347. In § 16.113(a), remove the words, 

‘‘documented and licensed’’, and add, 

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

§ 16.201 [Amended] 

■ 348. In § 16.201— 

■ a. In paragraph (c), after the words, ‘‘If 

an individual holding’’, remove the 

words, ‘‘a license, certificate of registry, 

or merchant mariner’s document’’, and 

add, in their place, the words, ‘‘a 

credential’’; after the words, ‘‘against his 

or her’’, remove the words, ‘‘license, 

certificate of registry, or merchant 

mariner’s document’’, and add, in their 

place, the word ‘‘credential’’; and 

■ b. In paragraph (d), remove the words, 

‘‘a license, certificate of registry, or 

merchant mariner’s document’’, and 

add, in their place, the words, ‘‘a 

credential’’. 

■ 349. Revise § 16.220(a) and (b) to read 

as follows: 

§ 16.220 Periodic testing requirements. 

(a) Except as provided by paragraph 

(c) of this section and § 10.227(e) of this 

chapter, an applicant must pass a 

chemical test for dangerous drugs for— 

(1) An original issuance of a license, 

COR, MMD, or MMC; 

(2) The first issuance, raise of grade, 

or renewal of an officer endorsement on 

a merchant mariner credential; 

(3) A raise of grade of a license or 

COR; 

(4) The first endorsement as an able 

seaman, lifeboatman, qualified member 

of the engine department, or tankerman; 

or 

(5) A reissuance of a credential with 

a new expiration date. The applicant 

must provide the results of the test to 

the Coast Guard Regional Examination 

Center (REC) at the time of submitting 

an application. The test results must be 

completed and dated not more than 185 

days before submission of the 

application. 

(b) Unless excepted under paragraph 

(c) of this section, each pilot required by 

this subchapter to receive an annual 

physical examination must pass a 

chemical test for dangerous drugs as a 

part of that examination, and provide 

the results to the Coast Guard. 

Applicants need not submit additional 

copies of their annual chemical test for 

dangerous drugs pursuant to paragraph 

(a) of this section if the applicant 

submitted passing results of a chemical 

test for dangerous drugs to the Coast 

Guard within 12 months of the date of 

application. 

* * * * * 

§ 16.230 [Amended] 

■ 350. In § 16.230— 

■ a. In paragraph (b)(1), remove the 

words, ‘‘issued by the Coast Guard hold 

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

words, ‘‘hold a license or MMC 

endorsed as master, mate, or operator’’; 

and 

■ b. In paragraph (k), remove the words, 

‘‘license or merchant mariner’s 

document’’, and add, in their place, the 

word, ‘‘credential’’. 

§ 16.250 [Amended] 

■ 351. In § 16.250, in paragraph (a), 

remove the words ‘‘license, certificate of 

registry, or merchant mariner’s 

document’’ and add, in their place, the 

word, ‘‘credential’’. 

PART 26—OPERATIONS 

■ 352. The authority citation for part 26 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 4104, 6101, 

8105; Pub. L. 103–206, 107 Stat. 2439; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

Subpart 26.20—Exhibition of Coast 

Guard Credential 

■ 353. Revise the heading to subpart 

26.20 as set forth above. 

§ 26.20–1 [Amended] 

■ 354. In § 26.20–1, after the words, 

‘‘valid Coast Guard license’’, add the 

words ‘‘or MMC officer endorsement’’; 

and after the words, ‘‘must have the 

license’’, add the words, ‘‘or MMC’’. 

PART 28—REQUIREMENTS FOR 

COMMERCIAL FISHING INDUSTRY 

VESSELS 

■ 355. The authority citation for part 28 

continues to read as follows: 

Authority: 46 U.S.C. 3316, 4502, 4505, 

4506, 6104, 10603; Department of Homeland 

Security Delegation No. 0170.1. 

§ 28.275 [Amended] 

■ 356. In § 28.275— 

■ a. In paragraph (a)(2) introductory 

text, remove the words, ‘‘merchant 

mariner’s license’’ and add, in their 

place, the words, ‘‘license or officer 

endorsement’’; remove the words ‘‘64 

CFR’’ and add, in their place, the text 

‘‘§ ’’; and 

■ b. In paragraph (a)(3) introductory 

text, remove the words, ‘‘merchant 

mariner’s license’’, and add, in their 

place, the words, ‘‘license or officer 

endorsement’’; and remove the words, 

‘‘46 CFR’’ and add, in their place, the 

text, ‘‘§’’. 

PART 30—GENERAL PROVISIONS 

■ 357. The authority citation for part 30 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

5103, 5106; Department of Homeland 

Security Delegation No. 0170.1; Section 

30.01–2 also issued under the authority of 44 

U.S.C. 3507; Section 30.01–05 also issued 

under the authority of Sec. 4109, Pub. L. 

101–380, 104 Stat. 515. 

§ 30.10–71 [Amended] 

■ 358. In § 30.10–71 introductory text, 

remove the words, ‘‘merchant mariners’ 

documents’’ and add, in their place, the 

word, ‘‘endorsements’’. 

PART 31—INSPECTION AND 

CERTIFICATION 

■ 359. The authority citation for part 31 

continues to read as follows: 

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

2103, 3205, 3306, 3307, 3703; 46 U.S.C. 

Chapter 701; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. Section 

31.10–21 also issued under the authority of 

Sect. 4109, Pub. L. 101–380, 104 Stat. 515. 

§ 31.15–1 [Amended] 

■ 360. In § 31.15–1, in the section 

heading, remove the words, ‘‘Licensed 

officers’’ and add, in their place, the 

word, ‘‘Officers’’. 

PART 35—OPERATIONS 

■ 361. The authority citation for part 35 

continues to read as follows: 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11265 

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

3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

§ 35.05–1 [Amended] 

■ 362. In § 35.05–1— 

■ a. In the section heading, remove the 

words, ‘‘Licensed officers’’, and add, in 

their place, the word, ‘‘Officers’’; and 

■ b. In the text, remove the words 

‘‘licensed’’ and ‘‘certificated’’ wherever 

they appear. 

PART 42—DOMESTIC AND FOREIGN 

VOYAGES BY SEA 

■ 363. The authority citation for part 42 

continues to read as follows: 

Authority: 46 U.S.C. 5101–5116; 

Department of Homeland Security Delegation 

No. 0170.1; section 42.01–5 also issued under 

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

■ 364. Add new § 42.05–27 to read as 

follows: 

§ 42.05–27 Credential. 

As used in this subchapter, credential 

means any or all of the following: 

(a) Merchant mariner’s document. 

(b) Merchant mariner’s license. 

(c) STCW endorsement. 

(d) Certificate of registry. 

(e) Merchant mariner credential. 

§ 42.07–50 [Amended] 

■ 365. In § 42.07–50(b)(5), remove the 

words, ‘‘license or merchant mariner’s 

document’’, and add, in their place, the 

word, ‘‘credential’’. 

PART 58—MAIN AND AUXILIARY 

MACHINERY AND RELATED SYSTEMS 

■ 366. The authority citation for part 58 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 

3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; Department of Homeland 

Security Delegation No. 0170.1. 

§ 58.16–19 [Amended] 

■ 367. In § 58.16–19(b), remove the 

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

the word, ‘‘credentialed’’. 

PART 61—PERIODIC TESTS AND 

INSPECTIONS 

■ 368. The authority citation for part 61 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 

3306, 3307, 3703; E.O. 12234, 45 FR 58801, 

3 CFR 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

§ 61.15–10 [Amended] 

■ 369. In § 61.15–10(a), remove the 

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

place, the words, ‘‘an appropriately 

credentialed’’. 

PART 78—OPERATIONS 

■ 370. The authority citation for part 78 

continues to read as follows: 

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

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

Subpart 78.65—[Amended] 

■ 371. In the heading to subpart 78.65, 

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

in its place, the words, ‘‘Merchant 

Mariner Credential’’; 

■ 372. Revise § 78.65–1 to read as 

follows: 

§ 78.65–1 Officers. 

All officers on a vessel must have 

their licenses or officer endorsements 

conspicuously displayed. 

PART 97—OPERATIONS 

■ 373. The authority citation for part 97 

continues to read as follows: 

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

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

Subpart 97.53—Exhibition of Merchant 

Mariner Credential 

■ 374. Revise the heading to subpart 

97.53 to read as set forth above. 

■ 375. Revise § 97.53–1 to read as 

follows: 

§ 97.53–1 Officers. 

All officers on a vessel must have 

their licenses or officer endorsements 

conspicuously displayed. 

PART 98—SPECIAL CONSTRUCTION, 

ARRANGEMENT, AND OTHER 

PROVISIONS FOR CERTAIN 

DANGEROUS CARGOES IN BULK 

■ 376. The authority citation for part 98 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 

3307, 3703; 49 U.S.C. App. 1804; E.O. 12234, 

45 FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 98.30–17 [Amended] 

■ 377. In § 98.30–17— 

■ a. In paragraph (b)(1), before the 

words, ‘‘merchant mariner’s document’’, 

add the words, ‘‘endorsement on his or 

her merchant mariner credential or’’; 

and 

■ b. In paragraph (b)(2), remove the 

words, ‘‘license or certificate’’, and add, 

in their place, the words, ‘‘merchant 

mariner credential, license, or 

certificate’’; and remove the words, ‘‘on 

his or her MMD’’. 

PART 105—COMMERCIAL FISHING 

VESSELS DISPENSING PETROLEUM 

PRODUCTS 

■ 378. The authority citation for part 

105 continues to read as follows: 

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

3306, 3703, 4502; 49 U.S.C. App. 1804; E.O. 

11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1. 

§ 105.05–10 [Amended] 

■ 379. In § 105.05–10(c)(2), remove the 

word, ‘‘licensed’’. 

§ 105.45–1 [Amended] 

■ 380. In § 105.45–1— 

■ a. In paragraph (a)(1), remove the 

word, ‘‘documents’’ and add, in its 

place, the words, ‘‘merchant mariner 

credentials or merchant mariner’s 

documents’’; 

■ b. In paragraph (b)(1), before the 

words, ‘‘merchant mariner’s document’’, 

add the words, ‘‘merchant mariner 

credential or’’; and 

■ c. In paragraph (b)(2), after the word, 

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

mariner credential’’. 

PART 114—GENERAL PROVISIONS 

■ 381. The authority citation for part 

114 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

App. 1804; Department of Homeland 

Security No. 0170.1; § 114.900 also issued 

under 44 U.S.C. 3507. 

§ 114.400 [Amended] 

■ 382. In § 114.400(b), in the definition 

for, ‘‘Master’’, after the word, ‘‘license’’, 

add the words, ‘‘or merchant mariner 

credential’’. 

PART 115—INSPECTION AND 

CERTIFICATION 

■ 383. The authority citation for part 

115 is revised to read as follows: 

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

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 743; E.O. 12234, 45 FR 58801, 3 

CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

§ 115.113 [Amended] 

■ 384. In § 115.113(b)(1)(iii), remove the 

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

the word ‘‘credentialed’’. 

11266 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

PART 122—OPERATIONS 

■ 385. The authority citation for part 

122 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

§ 122.402 [Amended] 

■ 386. In § 122.402— 

■ a. In the section heading, remove the 

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

the word ‘‘Officers’’; and 

■ b. In the text, remove the words, 

‘‘licensed individual’’, and add, in their 

place, the word ‘‘officer’’; remove the 

words, ‘‘shall have his or her ‘‘license’’, 

and add, in their place, the words, 

‘‘must have his or her license or 

merchant mariner credential’’. 

§ 122.910 [Amended] 

■ 387. In § 122.910 text, after the words, 

‘‘An individual holding a’’, add the 

words, ‘‘merchant mariner credential,’’; 

and after the words, ‘‘suspension or 

revocation of a’’, remove the words, 

‘‘license, certificate, or document’’, and 

add, in their place, the word, 

‘‘credential’’. 

PART 125—GENERAL 

■ 388. The authority for part 125 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3307; 49 

U.S.C. App. 1804; Department of Homeland 

Security Delegation No. 0170.1. 

■ 389. In § 125.160, add, in alphabetical 

order, a definition for the term 

‘‘credential’’ to read as follows: 

§ 125.160 Definitions. 

* * * * * 

Credential means any or all of the 

following: 

(1) Merchant mariner’s document. 

(2) Merchant mariner’s license. 

(3) STCW endorsement. 

(4) Certificate of registry. 

(5) Merchant mariner credential. 

* * * * * 

PART 131—OPERATIONS 

■ 390. The authority citation for part 

131 continues to read as follows: 

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

3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 

Comp., p. 277; E.O. 12777, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

§ 131.410 [Amended] 

■ 391. In § 131.410, before the words, 

‘‘merchant mariner’s document’’ 

wherever they appear, add the words, 

‘‘merchant mariner credential or’’. 

§ 131.905 [Amended] 

■ 392. In § 131.905(b), after the words, 

‘‘the suspension or revocation of’’, add 

the words, ‘‘credentials’’. 

■ 393. Revise § 131.955 to read as 

follows:— 

§ 131.955 Display of merchant mariner 

credential. 

Each officer on a vessel must 

conspicuously display his or her license 

or officer endorsements as required by 

46 U.S.C. 7110. 

PART 151—BARGES CARRYING BULK 

LIQUID HAZARDOUS MATERIAL 

CARGOES 

■ 394. The authority citation for part 

151 continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 151.03–53 [Amended] 

■ 395. In § 151.03–53 introductory text, 

before the words, ‘‘merchant mariner’s 

documents’’, add the words, ‘‘merchant 

mariner credentials or’’. 

PART 166—DESIGNATION AND 

APPROVAL OF NAUTICAL SCHOOL 

SHIPS 

■ 396. The authority citation for part 

166 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 8105; 46 

U.S.C. App. 1295g; Department of Homeland 

Security Delegation No. 0170.1. 

§ 166.01 [Amended] 

■ 397. In § 166.01(a), before the words, 

‘‘or merchant mariner’s documents’’, 

add the words, ‘‘on merchant mariner 

credentials’’. 

PART 169—SAILING SCHOOL 

VESSELS 

■ 398. The authority citation for part 

169 continues to read as follows: 

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

3306, 6101; Pub. L. 103–206, 107 Stat. 2439; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1; § 169.117 

also issued under the authority of 44 U.S.C. 

3507. 

§ 169.107 [Amended] 

■ 399. In § 169.107, in the definition for, 

‘‘Master’’, remove the word, ‘‘licensed’’, 

and add, in its place, the word, 

‘‘credentialed’’. 

§ 169.805 [Amended] 

■ 400. In § 169.805— 

■ a. In the section heading, remove the 

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

the words, ‘‘merchant mariner 

credentials’’; and 

■ b. In the text, remove the words, 

‘‘Licensed personnel’’ and add, in their 

place, the word ‘‘Officers’’; remove the 

words, ‘‘shall have their licenses’’, and 

add, in their place, the words, ‘‘must 

have their license or merchant mariner 

credential’’. 

PART 175—GENERAL PROVISIONS 

■ 401. The authority citation for part 

175 continues to read as follows: 

Authority: 46 U.S.C. 2103, 3205, 3306, 

3703; Pub. L. 103–206, 107 Stat. 2439; 49 

U.S.C. App. 1804; Department of Homeland 

Security Delegation No. 0170.1; 175.900 also 

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

§ 175.118 [Amended] 

■ 402. Revise § 175.118(c)(3) to read as 

follows: 

§ 175.118 Vessels operating under an 

exemption afforded in the Passenger Vessel 

Safety Act of 1993 (PVSA). 

* * * * * 

(c) * * * 

(3) The owner or operator must crew 

the vessel under the requirements of 

this subchapter. All officers must be 

endorsed for the appropriate vessel 

tonnage. The OCMI may require an 

appropriately endorsed engineer officer 

for those vessels of at least 200 gross 

tons. Vessels carrying more than 50 

passengers must have an additional 

deckhand, and all deckhands on vessels 

carrying more than 50 passengers must 

be adequately trained. The crew 

members on a vessel of at least 200 gross 

tons, except those operated exclusively 

on lakes and rivers, are required to hold 

merchant mariner credentials or 

merchant mariner documents and 50 

percent of the merchant mariner 

credentials or at least an able seaman. 

* * * * * 

§ 175.400 [Amended] 

■ 403. In § 175.400, in the definition for, 

‘‘Master’’, remove the word, ‘‘license’’, 

and add, in its place, the words, 

‘‘merchant mariner credential’’. 

PART 176—INSPECTION AND 

CERTIFICATION 

■ 404. The authority citation is revised 

to read as follows: 

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

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 743; E.O. 12234, 45 FR 58801, 3 

CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

§ 176.113 [Amended] 

■ 405. In § 176.113(b)(1)(iii), remove the 

word, ‘‘licensed’’. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11267 

PART 185—OPERATIONS 

■ 406. The authority citation continues 

to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

■ 407. Revise § 185.402 to read as 

follows: 

§ 185.402 Officers. 

Each officer employed on any vessel 

subject to this subchapter must have his 

or her license or merchant mariner 

credential onboard and available for 

examination at all times when the vessel 

is operating. 

§ 185.910 [Amended] 

■ 408. In § 185.910, after the words, 

‘‘individual holding a’’, add the words, 

‘‘merchant mariner credential,’’; and 

after the words, ‘‘suspension or 

revocation of a’’, add the words, 

‘‘merchant mariner credential,’’. 

PART 196—OPERATIONS 

■ 409. The authority citation for part 

196 continues to read as follows: 

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

2213, 3306, 5115, 6101; E.O. 12777, 56 FR 

54757, 3 CFR, 1991 Comp., p. 351; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

Subpart 196.53—Exhibition of 

Credential 

■ 410. Revise the heading to subpart 

196.53 to read as set forth above. 

■ 411. Revise § 196.53–1 to read as 

follows: 

§ 196.53–1 Officers. 

All officers on a vessel must have 

their licenses or officer endorsements 

conspicuously displayed. 

PART 199—LIFESAVING SYSTEMS 

FOR CERTAIN INSPECTED VESSELS 

■ 412. The authority citation for part 

199 continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703; Pub. L. 

103–206, 107 Stat. 2439; Department of 

Homeland Security Delegation No. 0170.1. 

§ 199.30 [Amended] 

■ 413. In § 199.30, in the definition for, 

‘‘Certificated person’’, after the words, 

‘‘merchant mariner’s document’’, add 

the words, ‘‘or merchant mariner 

credential’’. 

PART 401—GREAT LAKES PILOTAGE 

REGULATIONS 

■ 414. The authority citation for part 

401 continues to read as follows: 

Authority: 46 U.S.C. 2104(a), 6101, 7701, 

8105, 9303, 9304 and 70105; Department of 

Homeland Security Delegation No. 0170.1; 46 

CFR 401.105 also issued under the authority 

of 44 U.S.C. 3507. 

■ 415. In § 401.110— 

■ a. In paragraph (a)(8), after the word, 

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

mariner credential’’; and 

■ b. In paragraph (a)(12), after the 

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

words, ‘‘or merchant mariner credential 

endorsed’’; and 

■ c. Add a new paragraph (a)(17) to read 

as follows: 

§ 401.110 Definitions. 

(a) * * * 

(17) Merchant mariner credential or 

MMC means the credential issued by the 

Coast Guard under 46 CFR part 10. It 

combines the individual merchant 

mariner’s document, license, and 

certificate of registry enumerated in 46 

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

STCW endorsement into a single 

credential that serves as the mariner’s 

qualification document, certificate of 

identification, and certificate of service. 

§ 401.210 [Amended] 

■ 416. Revise § 401.210(a)(1) and (a)(6) 

to read as follows: 

§ 401.210 Requirements and qualifications 

for registration. 

(a) * * * 

(1) The individual holds a license or 

MMC endorsed as a master, mate, or 

pilot, issued under the authority of the 

provisions of Title 52 of the Revised 

Statutes, and has acquired at least 

twenty-four months service as a 

licensed or credentialed officer or 

comparable experience on vessels or 

integrated tugs and tows, of 4,000 gross 

tons, or over, operating on the Great 

Lakes or oceans. Those applicants 

qualifying with ocean service must have 

obtained at least six months of service 

as a licensed or credentialed officer or 

comparable experience on the Great 

Lakes. Those applicants qualifying with 

comparable experience must have 

served a minimum of twelve months as 

a deck officer under the authority of 

their license or MMC. 

* * * * * 

(6) Until April 15, 2009, the 

individual possesses a validated 

Merchant Mariner’s Document issued by 

the Coast Guard or a valid 

Transportation Worker Identification 

Credential (TWIC). After April 15, 2009, 

the individual must posses a valid 

TWIC. 

§ 401.220 [Amended] 

■ 417. In § 401.220(d), remove the word, 

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

word, ‘‘endorsement’’. 

§ 401.230 [Amended] 

■ 418. In § 401.230(a), remove the word, 

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

word, ‘‘endorsement’’. 

§ 401.250 [Amended] 

■ 419. In § 401.250(d), after the words, 

‘‘whenever his or her license’’, add the 

words, ‘‘or MMC officer endorsement’’; 

after the words, ‘‘simultaneously with 

his or her license’’, add the words, 

‘‘and/or MMC’’; after the words, ‘‘If the 

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

endorsement’’; and after the words, 

‘‘with the suspended license’’, add the 

words, ‘‘or officer endorsement’’. 

PART 402—GREAT LAKES PILOTAGE 

RULES AND ORDERS 

■ 420. The authority citation for part 

402 continues to read as follows: 

Authority: 46 U.S.C. 2104(a), 8105, 9303, 

9304; 49 CFR 1.46 (mmm). 

§ 402.220 [Amended] 

421. In § 402.220(a)(1), (a)(2), and 

(a)(3), after the word, ‘‘license’’, 

wherever it appears, add the words, ‘‘or 

endorsement’’. 

Dated: January 15, 2009. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Marine Safety, Security & 

Stewardship. 

[FR Doc. E9–5436 Filed 3–10–09; 4:15 pm] 

BILLING CODE 4910–15–P