[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23655]


[[Page Unknown]]

[Federal Register: September 27, 1994]


_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Coast Guard



_______________________________________________________________________



46 CFR Parts 10 and 12




Five-Year Term of Validity for Certificates of Registry and Merchant 
Mariner's Documents; Final Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 12

[CGD 91-211]
RIN 2115-AD92

 
Five-Year Term of Validity for Certificates of Registry and 
Merchant Mariner's Documents

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rulemaking establishes Coast Guard regulations which 
implement the provisions of the Oil Pollution Act of 1990 (OPA 90) that 
require certificates of registry (CORs) and merchant mariner's 
documents (MMDs) to be renewed every 5 years. A 5-year renewal period 
allows the Coast Guard to ensure that vessel personnel continue to be 
qualified to safely serve aboard a vessel. This rulemaking includes 
requirements for renewing CORs and MMDs, a schedule for renewing 
existing CORs and MMDs, and the associated user fees.

EFFECTIVE DATE: This rule is effective October 27, 1994, except for 46 
CFR 10.811 and 46 CFR 12.02-29 which are effective January 1, 1995.

ADDRESSES: Unless otherwise indicated, documents referenced in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mrs. Justine Bunnell, Merchant Vessel 
Personnel Division (G-MVP-1), Office of Marine Safety, Security, and 
Environmental Protection, (202) 267-0238.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Mr. 
James W. Cratty, Project Manager, and Ms. Jacqueline L. Sullivan, 
Project Counsel, OPA 90 Staff.

Regulatory History

    On September 16, 1993, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Five-Year Term of Validity for 
Certificates of Registry and Merchant Mariner's Documents in the 
Federal Register (58 FR 48572). The 60-day comment period closed on 
November 15, 1993. The NPRM discussed the background and statutory 
requirements of section 4102 (b) and (c) of OPA 90 which amended 46 
U.S.C. 7107 and 7302. It also discussed the requirements of the Omnibus 
Budget Reconciliation Act of 1990 which amended 46 U.S.C. 2110. The 
Coast Guard received 13 letters commenting on the proposal from 
mariners, unions, and marine industry representatives. A public hearing 
was not requested, and one was not held.
    After careful review of these comments and the NPRM, the Coast 
Guard has finalized the requirements for renewal of Certificates of 
Registry and Merchant Mariner's Documents. The Coast Guard finds that 
the regulations provide the maximum flexibility practicable in 
establishing requirements for a 5-year term of validity for CORs and 
MMDs.

Background and Purpose

    The Coast Guard issues certificates of registry (CORs) under the 
authority of 46 U.S.C. chapters 71 and 75. CORs are issued to provide 
registry of staff officers for service in positions such as purser, 
medical doctor, and professional nurse. The Coast Guard issues merchant 
mariner's documents (MMDs) under the authority of 46 U.S.C. chapters 73 
and 75. MMDs authorize individuals to work in different capacities on 
deck, and in the engine and steward's departments, on seagoing vessels 
over 100 gross tons. MMDs, with an appropriate endorsement, also 
identify qualified tankermen.
    Section 4102(b) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 
101-380) amended 46 U.S.C. 7107 by limiting the term of a COR to 5 
years. Section 4102(c) of OPA 90 amended 46 U.S.C. 7302 by establishing 
the same limited term for MMDs. The Conference Report on OPA 90 (H.R. 
Conf. Rep. No. 101-653) explains that a 5-year renewal period will 
allow the Coast Guard to ensure that vessel personnel continue to be 
qualified to operate a vessel safely.
    Section 4102(d) of OPA 90 limits the term of validity of all 
existing CORs and MMDs and provides for staggered expirations over a 5-
year span. The statutory language provides that CORs and MMDs issued 
before August 18, 1990 expire on the day they would have expired if 
they had been issued for a term of 5 years and been renewed at the end 
of each succeeding 5-year period. This avoids the problems that would 
have been encountered if all CORs and MMDs expired at the same time. If 
this language is interpreted so that the 5-year period began on August 
18, 1990, the date OPA 90 was enacted, documents would have expired at 
a time when no review and renewal procedures were in place. Mariners 
with such an expired document could not continue working, placing a 
tremendous burden on both individual mariners and the maritime 
industry. The Coast Guard interprets the statutory language to include 
an additional 5-year renewal cycle to avoid such a harsh result. The 
Coast Guard has modified the tables in 46 CFR 10.811 and 12.02-29 to 
commence the mandatory 5-year renewal period beginning on January 1, 
1995. This will allow merchant mariners sufficient time to comply with 
the regulation's requirements.
    Pending the development of these proposed procedures for renewal of 
CORs and MMDs, the Coast Guard has been issuing CORs and MMDs that are 
valid for a period of 5 years since March 1991.
    The Omnibus Budget Reconciliation Act of 1990 amended 46 U.S.C. 
2110 to require the Coast Guard to establish and collect user fees for 
services it provides under subtitle II of 46 U.S.C., including the 
issuance and renewal of CORs and MMDs.
    Sections 4101 (a) and (b) of OPA 90 amend 46 U.S.C. 7101 and 7302, 
respectively, to require every person who applies for the issuance or 
renewal of a license, COR, or MMD to have a chemical test for dangerous 
drugs. On March 4, 1994, the Coast Guard published an NPRM in the 
Federal Register entitled ``Chemical Testing for Dangerous Drugs of 
Applicants for Issuance or Renewal of Licenses, Certificates of 
Registry, or Merchant Mariner's Documents'' (59 FR 10544) (CGD 91-223). 
The Coast Guard originally intended to merge the chemical testing 
requirements and the regulations for terms of validity into one final 
rule. However, the Coast Guard has decided to publish these rules 
separately in order to facilitate public participation.
    As required by OPA 90, the Coast Guard is also developing a 
rulemaking which addresses how review of information in the National 
Driver Register and a criminal record review will become part of the 
license, COR, and MMD renewal process (CGD 91-212).

Discussion of Comments and Changes

    Thirteen letters were received in response to the NPRM. The Coast 
Guard has reviewed all of the comments and, in some instances, revised 
the proposed regulations as appropriate. The comments have been grouped 
by issue, and are discussed as follows.

1. User Fees

    Several comments objected to the proposed Coast Guard user fees for 
renewals of MMDs and CORs. As stated in the NPRM, the Omnibus Budget 
Reconciliation Act of 1990 amended 46 U.S.C. 2110 to require the Coast 
Guard to establish and collect user fees for services it provides under 
46 U.S.C., subtitle II. The Coast Guard has no discretion in the 
decision to establish fees for these services. The fee amounts for 
issuance of CORs and MMDs and for issuance and renewal of licenses were 
set by a final rule entitled ``User Fees for Marine Licensing, 
Certification of Registry and Merchant Mariner Documentation'' (58 FR 
15228; March 19, 1993) (CGD 91-002). These rules became effective April 
19, 1993. At that time, CORs and MMDs were not being renewed so that 
rule did not establish fee amounts for COR and MMD renewals. Therefore, 
fee amounts for COR and MMD renewals are set in this final rule.
    The regulatory evaluation in this final rule discusses the fee 
amounts. For a summary of how the fee amounts were set, see the 
``Regulatory Evaluation'' section of this rule.

2. Concurrent Renewals

    One comment suggested a reduced fee for mariners who renew more 
than one merchant mariner credential at the same time. This approach 
was outlined in the NPRM and remains unchanged in the final rule. The 
Coast Guard encourages concurrent renewal of merchant mariner 
credentials whenever possible. However, all renewal requirements for 
each license, COR, or MMD must be met.
    Renewal Evaluation Fees. When CORs or MMDs are renewed in 
conjunction with the renewal of a license, the Coast Guard will charge 
only the license renewal evaluation fee, since the evaluation for a 
license encompasses all factors considered in evaluating applicants for 
MMDs. When CORs or MMDs are renewed in conjunction with one another, 
but not in conjunction with a license, the Coast Guard will charge only 
the MMD renewal evaluation fee, if applicable, since there is no COR 
renewal evaluation fee.
    Renewal Exercise Fees. When an MMD is renewed concurrently with a 
license and the applicant must take an open-book exercise for each 
renewal, the applicant need only pay the license exercise fee. If a 
license and MMD are renewed concurrently and the only open-book 
exercise is for an MMD, then the applicant will pay the MMD exercise 
fee.
    Renewal Issuance Fees. It should be noted that a separate issuance 
fee will always be charged for each license, COR or MMD issued, 
regardless of whether the credential(s) are issued concurrently or 
individually.

3. Physical Requirements

    The Merchant Marine Personnel Advisory Committee recommended to the 
Coast Guard that individuals holding MMDs with qualified ratings be 
required to undergo physical examinations when renewing MMDs. The Coast 
Guard has included such a requirement in this rulemaking.
    Two comments addressed the physical requirements for renewal of 
MMDs with endorsements. The comments stated that the physical standards 
for renewal of MMDs with endorsements should not be the same as the 
physical standards for the original issuance of MMDs with endorsements. 
In response to these comments, the Coast Guard revised the physical 
examination section for MMD renewal, making it consistent with the 
physical examination section for license renewal. The physical 
examination for renewal of a license does not require the applicant to 
be tested for color sensitivity; however, the physical examination for 
original issuance of a license does require a color sensitivity test. 
This is the only difference in physical requirements between original 
issuance and renewal of licenses. The Coast Guard has revised the 
physical examination section for renewal of MMDs with endorsements to 
no longer require a color sensitivity test.
    It should be noted that while the examination requirements are 
slightly different, the medical standards the Coast Guard applies to 
determine if a mariner is qualified for a license or document are the 
same regardless of whether the license or document is an original or a 
renewal. The Coast Guard believes that these standards are the minimum 
necessary to ensure safe service under a license or document and are 
therefore appropriate for both originals and renewals.

4. Professional Requirements

    One comment suggested that individuals holding MMDs with qualified 
ratings, who serve as officials for unions in positions closely related 
to the training and servicing of active seamen should be required to 
show only 1 year of employment to meet the professional requirements 
for renewing an MMD. The professional requirements are intended to 
ensure that mariners maintain their professional knowledge and keep 
abreast of current technology. The NPRM proposed 3 years of employment 
in a position closely related to the operation, construction, or repair 
of vessels (either deck or engineer, as appropriate) as a substitute 
for 1 year of sea service. The Coast Guard believes that 1 year in a 
position of closely related maritime service, including training and 
servicing of active seamen, does not provide experience equivalent to 1 
year of actual sea service. Therefore, the final rule retains the 3 
year time requirement for all forms of closely related service.
    One comment expressed concern about using an open-book 
``examination'' as a substitute for sea service when renewing an MMD 
with an endorsement. The open-book renewal exercise will provide a 
means for those individuals who are not actively sailing or involved in 
the industry to maintain a working familiarity with the skills 
necessary to work in the industry. The renewal exercise contains 
general subject matter pertaining to the various endorsement(s) of the 
MMD and requires a 90 percent passing grade. The Coast Guard has 
concluded that this is an acceptable means of ensuring that endorsement 
holders continue to maintain their professional knowledge.

5. Continuity Endorsement

    In response to several comments, the Coast Guard has included in 
the final rule a provision to renew MMDs ``For Continuity Purposes 
Only.'' This provision follows the same procedures as the renewal 
policy for license holders. Individuals renewing MMDs with qualified 
ratings who cannot meet the professional or physical requirements will 
have the endorsement ``Continuity only; service under document 
prohibited'' placed on the MMD. Holders with this continuity 
endorsement may have the service prohibition rescinded at any time by 
satisfying the renewal requirements not previously met and paying the 
appropriate renewal fees.

6. Other Comments

    Another comment addressed the renewal of Continuous Discharge Books 
(CDB) which the Coast Guard issues to merchant mariners for a 
chronological record of seagoing employment. Regulations listed in 46 
CFR 12.02 cover issuing additional CDBs. Because OPA 90 does not 
address CDBs and because CDBs alone do not allow employment on a 
merchant ship, no change to the regulations is required.
    Another comment stated that the NPRM did not address the grace 
period provision for MMD expiration dates determined by Table 12.02-29. 
The grace period explained under Sec. 12.02-27(e) applies to all MMD 
expiration dates including MMD expiration dates specified in Table 
12.02-29. For example, an MMD issued on January 1, 1966, would expire 
on January 1, 1996 under Table 12.02-29. The holder of that MMD will 
have a 12 month period of grace, running until January 1, 1997, in 
which he or she may renew the document.
    One comment pointed out that the description of the procedures for 
renewal of MMDs by mail was not detailed enough. The Coast Guard has 
provided additional detail in Sec. 12.02-27(e)(3) of the regulations.

Additional Changes

    To correct minor errors and to reflect renewal requirements for 
certificates of registry, the Coast Guard is updating the table in 46 
CFR 10.203. Additionally, numerous non-substantive editorial changes 
have been made to the final rule in order to improve its clarity, and 
to ensure that the public understands the requirements set forth.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    A final Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared and is available in 
the docket for inspection or copying where indicated under ADDRESSES. 
The Evaluation is summarized as follows.
    1. Government/Coast Guard cost. Government and Coast Guard costs 
attributable to implementing renewal requirements for merchant mariner 
credentials will be primarily incurred by the 17 Coast Guard Regional 
Examination Centers (RECs). Cost incurring activities will consist of 
evaluating renewal applications, administering examinations, and 
issuing renewed CORs and MMDs. Projections of costs and impacts for 
renewal of CORs and MMDs are based upon a calculation of the current 
merchant marine licensing and documentation program costs. Data used in 
this calculation included: information from a workload analysis study; 
hourly standard rates provided in the Coast Guard Standard Rate 
Instruction (COMDTINST 7310); and the Coast Guard Staffing Standards 
Manual (COMDTINST M5312.11A).
    The Coast Guard calculates the projected personnel and associated 
infrastructure costs for COR and MMD renewal activities to be 
approximately $1.23 million annually, which will be offset by 
approximately $1.16 million annually in user fees. User fee receipts 
will be deposited in the general fund of the U.S. Treasury as 
offsetting receipts of the Department of Transportation and ascribed to 
Coast Guard activities.
    2. Costs to the public. The Coast Guard estimates a total pool of 
1,500 active staff officers and 88,500 active MMD holders who may seek 
renewal of CORs or MMDs respectively. One-fifth of the total pool is 
expected to renew each year, resulting in 300 COR and 17,700 MMD 
renewals annually. Because the renewal process occurs once every 5 
years, total costs can be divided by 5 to determine an annualized cost. 
Costs incurred by merchant mariners seeking renewal of CORs or MMDs 
will consist of user fees, photographs for MMDs, physical examinations, 
and time spent in the renewal process itself. This aggregate cost 
represents the highest average amount a mariner may expect to pay. 
However, variations in fees and renewal requirements will result in 
significantly lower costs for many mariners. The cost estimates are as 
follows: 

------------------------------------------------------------------------
                                                 Total cost   Annualized
------------------------------------------------------------------------
Individual Mariner........................   =      $278.84       $55.77
Whole Pool Impact.........................   =   25,095,600   5,019,120 
------------------------------------------------------------------------

    3. Benefits. Direct and societal benefits resulting from periodic 
renewal of CORs and MMDs may be substantial. The renewal process will 
eventually include three additional regulatory initiatives to implement 
OPA 90, and to ensure continuing qualification of merchant mariners. 
These initiatives are: (1) criminal record reviews, (2) national driver 
register checks, and (3) chemical drug testing.
    Licensed, certificated, or documented merchant mariners play 
crucial and responsible roles in the safe operation of vessels, and 
they have important responsibilities during vessel emergencies. It is 
imperative that merchant mariners know that they are going to sea with 
a competent crew and that other vessels are operated by equally 
competent mariners. This rule will protect employees, employers, the 
marine environment, and the general public. Some of the direct benefits 
will include the following:
    a. Employment protections and preferences, identification, proof of 
citizenship, proof of physical and other competency qualifications. 
Merchant mariners get employment benefits and know that shipmates to 
whom they entrust their lives at sea are qualified; and
    b. Potentially fewer personal injuries.
    In addition, society may benefit indirectly through potentially 
fewer groundings, accidents, losses of property, and releases of oil 
and hazardous materials into the marine environment. There is 
insufficient historical data to quantify the benefits of the 
regulations. However, should this program manage to save even two lives 
per year at $2.6 million per statistical life saved (which recent 
research shows is a reasonable estimate of people's willingness-to-pay 
for safety), its benefits would exceed its cost. If maritime accidents 
were reduced even by a small percentage, savings would accrue to the 
maritime industry through lower repair and medical costs and to the 
public through environmental protection.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000.
    Individual applicants are responsible for payment of issuance and 
renewal fees of CORs and MMDs to the Coast Guard. However, some firms 
in the maritime industry now voluntarily pay their employees' fees for 
obtaining CORs and MMDs. Some firms may choose to pay part or all of 
their employees' additional fees which will result from this 
rulemaking. However, the regulations do not require firms to pay for 
document issuance or document renewal fees for any applicant in whom 
the final rule vests responsibility. Consequently, small entities--for 
example, the 355 inland barge operators with fleets of 10 or fewer 
barges--are not, and will not be required to incur costs for applicant 
renewals of CORs and MMDs. Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
section numbers are 10.209 and 12.02-27 and the corresponding OMB 
Control Number is 2115-0514.

Federalism

    The Coast Guard has analyzed these regulations under the principles 
and criteria contained in Executive Order 12612 and has determined that 
the regulations do not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of these 
regulations and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, the regulations are categorically excluded from 
further environmental documentation. Section 2.B.2.1 of that 
instruction excludes administrative actions and procedural regulations 
and policies which clearly do not have any environmental impact. A 
Categorical Exclusion Determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

    Fees, Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 12

    Fees, Reporting and recordkeeping requirements, Seamen.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR parts 10 and 12 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. The authority citation for part 10 is revised to read as 
follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 7101, 7106, 7107; 49 
CFR 1.45, 1.46; Section 10.107 also issued under the authority of 44 
U.S.C. 3507.

    2. Section 10.109 is amended by adding paragraph (d)(3) to read as 
follows:


Sec. 10.109  Fees.

* * * * *
    (d) * * *
    (3) For renewal of a Certificate of Registry:
    (i) For evaluation for renewal of a certificate of registry, no 
fee.
    (ii) For issuance of a renewed certificate of registry, $35.
* * * * *
    3. Section 10.202 is amended by revising the section heading and 
paragraphs (a), (b), and (c) to read as follows:


Sec. 10.202  Issuance of licenses and certificates of registry.

    (a) Applications for original licenses, original certificates of 
registry, raises of grade, extensions of route, or endorsements must be 
current and up-to-date with respect to service and the physical 
examination, as appropriate. Physical examinations and approved 
applications are valid for 12 months.
    (b) Any person who is found qualified under the requirements set 
forth in this part is issued an appropriate license or certificate of 
registry valid for a term of 5 years from date of issuance. Any license 
or certificate of registry which is renewed or upgraded prior to its 
expiration date automatically becomes void upon issuance of the 
replacement license or certificate of registry.
    (c) A license or certificate of registry is not valid until signed 
by the applicant and the OCMI (or the OCMI's designated 
representative).
* * * * *
    4. Section 10.203 is revised to read as follows:


Sec. 10.203  Quick reference table for license and certificate of 
registry requirements.

    Table 10.203 provides a guide to the requirements for various 
licenses and certificates of registry. Provisions in the reference 
section are controlling.

                                                                                          Table 10.203                                                                                          
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                                                                                                    Recommendations                                                                             
 License category       Minimum age          Citizenship     Physical required      Experience       and character       Firefighting    Professional exam      Recency of     First aid and CPR
                                            requirement                           requirements           check           certificate       requirements          Service          requirements  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Masters/mates and    21; 10.201(f);      Yes, 10.201(e);     Yes, 10.205(d);    Yes, 10.205(e);    Yes, 10.205(f)...  Yes, 10.205(g);    Yes, 10.205(i),    Yes, 3 months      Yes, in          
 operators or         Note: exceptions.   Note: exception.    Note: (d)(2).      subpart D.                            Note: exceptions.  10.910; Note:      past 36 months,    10.205(h).      
 uninspected                                                                                                                              10.903(b).         10.202(e).                         
 passenger vessels                                                                                                                                                                              
 (original license).                                                                                                                                                                            
Engineers (original  21;10.201(f);       Yes...............  Yes, 10.205(d);    10.205(e);         Yes, 10.205(f);..  Yes, 10.205(g)...  Yes, 10.205(i)     Yes, 3 months in   Yes, 10.205(h).  
 license).            Note: exceptions.                       Note: (d)(3).      subpart E.                                               10.950.            past 36 months,                    
                                                                                                                                                             10.202(e).                         
All raises of grade  21; 10.201(f);      Yes...............  10.207(e); Note:   10.207(c);         N/A..............  Yes, Note:         10.207(d).         Yes, 3 months in   N/A.             
                      Note: exceptions.                       (e)(1).            subparts D & E.                       10.207(f).         10.910. 10.920.    past 36 months                     
                                                                                                                                          10.950.            10.202(e).                         
License renewals...  N/A...............  Yes...............  10.209(d)........  10.209(c)........  N/A..............  N/A..............  10.209(c)........  10.209(c)........  N/A.             
COR renewals.......  N/A...............  Yes...............  No...............  10.209(c)(5).....  N/A..............  N/A..............  N/A..............  N/A..............  N/A.             
Pilot..............  21................  Yes...............  Yes, 10.709......  10.703,            Yes, 10.205(f)...  N/A..............  10.707, 10.910...  Yes, 10.703,       Yes, 10.205(h).  
                                                                                 10.706(a),                                                                  10.705(e),                         
                                                                                 10.715.                                                                     10.713.                            
Uninspected fishing  21; 10.201(f);      Yes...............  Yes, 10.205(d);    Deck: 10.462,      Yes, 10.205(f)...  Yes, 10.205(g)...  Yes, 10.205(i).    Yes, 3 months in   Yes, 10.205(h).  
 industry vessels.    Note: exceptions.                       Note: (d)(2) or    Eng: 10530,                                              10.910.            past 36 months                     
                                                              (d)(3).            10.205(f).                                               10.950(oral).      10.202(e).                         
Uninspected towing   Operator:21; 2/c    Yes...............  Yes, 10.205(d);    10.464...........  Yes, 10.205(f)...  Yes, 10.205(g)     Yes, 10.205(i).    Yes, 3 months in   Yes, 10.205(h).  
 vessels.             operator: 19.                           Note: (d)(2).                                            oceans.            10.910.            past 36 months,                    
                                                                                                                                                             10.202(e).                         
Radio officer......  19................  Yes...............  Yes, 10.205(d);    10.603...........  Yes, 10.205(f)...  N/A..............  N/A..............  N/A..............  Yes, 10.205(h).  
                                                              Note: (d)(3).                                                                                                                     
Staff officer......  21................  Yes...............  No...............  10.807...........  Yes, 10.205(f)...  N/A..............  N/A..............  N/A..............  N/A.             
Offshore             21; 10201(f);       Yes...............  Yes, 10.205(d);    Deck: 10.468,      Yes, 10.205(f)...  Yes, 10.205(g)...  Yes, 10.205(i).    Yes, 3 months in   Yes, 10.205(h).  
 installation         Note: exceptions.                       Note: (d)(3).      Eng: 10.540.                                             10.920.            past 36 months,                    
 manager, barge                                                                                                                                              10.202(e).                         
 supervisor,                                                                                                                                                                                    
 ballast control                                                                                                                                                                                
 operator.                                                                                                                                                                                      
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    5. Section 10.209 is revised to read as follows:


Sec. 10.209  Requirements for renewal of licenses and certificates of 
registry.

    (a) General. Except as provided in paragraph (g) of this section, 
an applicant for renewal of a license or certificate of registry shall 
establish possession of all of the necessary qualifications before the 
license or certificate of registry is issued.
    (1) Each application must be on a Coast Guard furnished form and be 
accompanied by the evaluation fee set out in Sec. 10.109. An approved 
application is valid for 12 months.
    (2) The applicant may apply in person at any Regional Examination 
Center listed in Sec. 10.105 or may renew the license or certificate of 
registry by mail under paragraph (e)(3) of this section.
    (3) The applicant shall submit the original or a photocopy of the 
license or certificate of registry to be renewed. A photocopy will 
include the back and all attachments. If requested, the old license or 
certificate of registry will be returned to the applicant.
    (b) Fitness. No license or certificate of registry will be renewed 
if it has been suspended without probation or revoked as a result of 
action under part 5 of this chapter, or facts that would render a 
renewal improper have come to the attention of the Coast Guard.
    (c) Professional requirements. (1) In order to renew a license as 
master, mate, engineer, pilot, or operator, the applicant shall:
    (i) Present evidence of at least 1 year of sea service during the 
past 5 years;
    (ii) Pass a comprehensive, open-book exercise covering the general 
subject matter contained in appropriate sections of subpart I of this 
part;
    (iii) Complete an approved refresher training course; or
    (iv) 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 3 years during the past 5 years. 
An applicant for a deck license with this type of employment must also 
demonstrate knowledge on an applicable Rules of the Road exercise.
    (2) The qualification requirements for renewal of radar observer 
endorsement are in Sec. 10.480.
    (3) Additional qualification requirements for renewal of a license 
as pilot are contained in Sec. 10.713.
    (4) An applicant for renewal of a radio officer's license shall, in 
addition to meeting the requirements of paragraphs (a) and (b) of this 
section, present a currently valid license as first- or second-class 
radiotelegraph operator issued by the Federal Communications 
Commission. This license will be returned to the applicant.
    (5) An applicant for renewal of a medical doctor or professional 
nurse certificate of registry shall, in addition to meeting the 
requirements of paragraphs (a) and (b) 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.
    (d) Physical requirements. (1) An applicant for renewal of a 
license shall submit a certification by a licensed physician or 
physician assistant that he or she is in good health and has no 
physical impairment or medical condition which would render him or her 
incompetent to perform the ordinary duties of that license. This 
certification must address visual acuity and hearing in addition to 
general physical condition and must have been completed within 12 
months of the date of application.
    (2) If the OCMI has reason to believe that an applicant for renewal 
of a license suffers from some physical impairment or medical condition 
which would render the applicant incompetent to perform the ordinary 
duties of that license, the applicant may be required to submit the 
results of an examination by a licensed physician or physician 
assistant that meets the requirements for original license.
    (3) An applicant who has lost the sight of one eye may obtain a 
renewal of license, provided that the applicant is qualified in all 
other respects and that the visual acuity in the one remaining eye 
passes the test required under Sec. 10.205(d).
    (4) Physical examinations are not required for renewal of 
certificates of registry.
    (e) Special circumstances--(1) Period of grace. Except as provided 
herein, a license may not be renewed more than 12 months after it has 
expired. To obtain a reissuance of the license, an applicant must 
comply with the requirements of paragraph (f) of this section. When an 
applicant's license 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 license expiration which precluded renewal may be 
added to the 12 month period of grace. The 12 month period of grace, 
and any extension, do not affect the expiration date of the license. A 
license is not valid for use after the expiration date.
    (2) Renewal in advance. A license or certificate of registry may 
not be renewed more than 12 months before expiration unless it is being 
renewed in conjunction with a merchant mariner's document which is 
either due for renewal or being endorsed, or unless the OCMI is 
satisfied that special circumstances exist to justify renewal.
    (3) Renewal by mail. (i) Applications for renewal by mail of 
licenses or certificates of registry may be sent to the Coast Guard 
office that issued the license or certificate of registry or holds the 
applicant's file. The following documents must be submitted:
    (A) A properly completed application on a Coast Guard furnished 
form and the evaluation fee required by Sec. 10.109.
    (B) The expired license or certificate of registry to be renewed; 
or, if it has not expired, a photocopy of the license or certificate, 
including the back and all attachments.
    (C) A certification from a licensed physician or physician 
assistant in accordance with paragraph (d) of this section for the 
renewal of a license.
    (D) If the applicant desires to renew a license with a radar 
observer endorsement, either the radar observer certificate or a 
certified copy.
    (E) Evidence of, or acceptable substitute for, sea service for the 
renewal of a license.
    (F) For a certificate of registry as a medical doctor or 
professional nurse, 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.
    (ii) The open-book exercise, if required, may be administered 
through the mail.
    (iii) Upon receipt of the renewed license or certificate of 
registry, the applicant shall sign it in order to validate the license 
or certificate.
    (4) Concurrent renewal of licenses, certificates of registry, and 
merchant mariner's documents. An applicant for concurrent renewal of 
more than one merchant mariner credential shall satisfy the individual 
renewal requirements and pay the applicable fees required by 
Secs. 10.109 and 12.02-18 of this chapter for each license, certificate 
of registry, or merchant mariner's document being renewed.
    (f) Reissuance of expired license or certificate of registry. (1) 
Whenever an applicant applies for reissuance of a license more than 12 
months after expiration, in lieu of the requirements of paragraph (c) 
of this section, the applicant shall demonstrate continued professional 
knowledge by completing a course approved for this purpose, or by 
passing the complete examination for that license. The examination may 
be oral-assisted if the expired license was awarded on an oral exam. 
The fees listed in Sec. 10.109 apply to these examinations. In the case 
of an expired radio officer's license, the license may be issued upon 
presentation of a valid first- or second-class radiotelegraph operator 
license issued by the Federal Communications Commission.
    (2) A certificate of registry that has been expired for more than 
12 months shall be renewed in the same way as a current certificate of 
registry. There are no additional requirements for reissuing 
certificates of registry that have been expired for more than 12 
months.
    (g) Inactive license renewal. (1) Applicants for renewal of 
licenses who are unwilling or otherwise unable to meet the requirements 
of paragraphs (c) or (d) of this section may renew their licenses, with 
the following restrictive endorsement placed on the back of the 
license: ``License renewed for continuity purposes only; service under 
the authority of this license is prohibited.'' Holders of licenses with 
this continuity endorsement may have the prohibition rescinded at any 
time by satisfying the renewal requirements in paragraphs (c) and (d) 
of this section.
    (2) Applications for renewal of a license with the continuity 
endorsement must include:
    (i) The license to be renewed, or, if it is unexpired, a photocopy 
of the license including the back and all attachments; and,
    (ii) A signed statement from the applicant attesting to an 
awareness of the restriction to be placed on the renewed license, and 
of the requirements for rescinding the continuity endorsement.
    6. Section 10.805 is amended by adding paragraph (f) to read as 
follows:


Sec. 10.805  General requirements.

* * * * *
    (f) A certificate of registry is valid for a term of 5 years from 
the date of issuance. Procedures for renewing certificates of registry 
are found in Sec. 10.209. The expiration date of a certificate of 
registry issued without an expiration date shall be determined in 
accordance with Sec. 10.811.
    7. Section 10.811 and Table 10.811 are added to read as follows:


Sec. 10.811  Expiration of existing certificates of registry.

    The expiration year of a certificate of registry issued without an 
expiration date is calculated by adding 5-year increments to the 
issuance date of the certificate of registry, up to first applicable 
year falling between 1995 and 1999, inclusive. The day and month of 
expiration are the same as that of issuance. Table 10.811 is provided 
as an aid for calculating the expiration date of a certificate of 
registry issued without an expiration date. A certificate of registry 
is not valid for use after the expiration date calculated under this 
section, but may be renewed in accordance with the requirements of 
Sec. 10.209.

  Table 10.811.--Expiration of Certificates of Registry Issued With No  
                           Expiration Date\1\                           
------------------------------------------------------------------------
                             Expiration year                            
-------------------------------------------------------------------------
     1999           1998           1997           1996          1995    
------------------------------------------------------------------------
                               Issue Year                               
                                                                        
------------------------------------------------------------------------
1994.........        1993           1992           1991          1990   
1989.........        1988           1987           1986          1985   
1984.........        1983           1982           1981          1980   
1979.........        1978           1977           1976          1975   
1974.........        1973           1972           1971          1970   
1969.........        1968           1967           1966          1965   
1964.........        1963           1962           1961          1960   
1959.........        1958           1957           1956          1955   
1954.........        1953           1952           1951          1950   
1949.........        1948           1947           1946          1945   
1944.........        1943           1942           1941          1940   
1930.........        1938           1937     .............  ............
------------------------------------------------------------------------
\1\Find the year in which the certificate of registry was issued (Issue 
  Year), then move up the column to find the Expiration Year. Month and 
  day of expiration correspond to the month and day of issue.           

PART 12--CERTIFICATION OF SEAMEN

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

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 2110, 7301, 7302; 49 
CFR 1.46.

    9. Section 12.02-9 is amended by adding paragraph (e) to read as 
follows:


Sec. 12.02-9  Application for documents.

* * * * *
    (e) Approved applications are valid for 12 months.
    10. Section 12.02-15 is revised to read as follows:


Sec. 12.02-15  Oath requirement.

    Applicants for a merchant mariner's document for any rating shall 
take an oath before an Officer in Charge, Marine Inspection, or other 
official authorized to give such oath, or a commissioned officer of the 
Coast Guard authorized to administer oaths under 10 U.S.C. 936 or 14 
U.S.C. 636, that they will faithfully and honestly perform all the 
duties required of them by law and carry out all lawful orders of 
superior officers on shipboard. Such an oath remains binding for all 
subsequent merchant mariner's documents issued to a person until the 
document is surrendered to the Officer in Charge, Marine Inspection.
    11. Section 12.02-17 is amended by revising paragraph (b) to read 
as follows:


Sec. 12.02-17  Rules for the preparation and issuance of documents.

* * * * *
    (b) Upon determining that the applicant satisfactorily meets all 
requirements for the document and any endorsements requested, the 
Officer in Charge, Marine Inspection, shall issue the appropriate 
document to the applicant. A merchant mariner's document is valid for a 
term of 5 years from the date of issuance. Any document which is 
renewed or reissued prior to its expiration date automatically becomes 
void upon issuance of the replacement document.
* * * * *
    12. Section 12.02-18 is amended by adding paragraph (a)(7) to read 
as follows:


Sec. 12.02-18  Fees.

    (a) * * *
    (7) For renewal of a merchant mariner's document:
    (i) For evaluation for renewal of a merchant mariner's document 
endorsed with a qualified rating, $45.
    (ii) For evaluation for renewal of a merchant mariner's document 
when submitted with a license where a renewal evaluation fee already 
applies, no fee.
    (iii) For evaluation for renewal of a merchant mariner's document 
without qualified rating endorsement, no fee.
    (iv) For administration of open-book exercises required by 
Sec. 12.02-27, $40.
    (v) For administration of MMD open-book exercises when required in 
addition to license open-book exercises for concurrent renewal of these 
documents, only the license exercise fee in Sec. 10.109(c)(2) will 
apply.
    (vi) For issuance of a renewal of a merchant mariner's document 
including those issued for continuity purposes only, $35.
* * * * *
    13. Section 12.02-27 is added to read as follows:


Sec. 12.02-27  Requirements for renewal of a merchant mariner's 
document.

    (a) General.  Except as provided in paragraph (g) of this section, 
an applicant for renewal of a merchant mariner's document shall 
establish possession of all of the necessary qualifications before a 
merchant mariner's document is issued.
    (1) Each application must be on a Coast Guard furnished form and 
accompanied by the evaluation fee established in Sec. 12.02-18. An 
approved application is valid for 12 months.
    (2) The applicant may apply in person at any Regional Examination 
Center listed in Sec. 12.01-7 or may renew the merchant mariner's 
document by mail under paragraph (e)(3) of this section.
    (3) The applicant shall submit the original or a photocopy of the 
merchant mariner's document to be renewed. A photocopy must include the 
front and back of the merchant mariner's document. If requested, the 
old document will be returned to the applicant.
    (4) The expiration date of a merchant mariner's document that was 
issued without an expiration date is determined in accordance with 
Sec. 12.02-29.
    (5) Each applicant shall comply with Sec. 12.02-09(b)(1) of this 
part.
    (b) Fitness. No merchant mariner's document will be renewed if it 
has been suspended without probation or revoked as a result of action 
under part 5 of this chapter, or facts which would render a renewal 
improper have come to the attention of the Coast Guard.
    (c) Professional requirements. (1) In order to renew a merchant 
mariner's document endorsed with a qualified rating, the applicant 
shall comply with one of the following:
    (i) Present evidence of at least 1 year of sea service during the 
past 5 years;
    (ii) Pass a comprehensive, open-book exercise covering the general 
subject matter required by this part for the applicable endorsement or 
pass an open-book license exercise that covers the same subject matter 
required for the MMD endorsement;
    (iii) Complete an approved refresher training course; or,
    (iv) Present evidence of employment in a position closely related 
to the operation, construction, or repair of vessels (either deck or 
engineer as appropriate for the endorsement) for at least 3 years 
during the past 5 years.
    (2) There are no professional requirements for renewal of a 
merchant mariner's document that is not endorsed with any qualified 
ratings.
    (d) Physical requirements. (1) An applicant for renewal of a 
merchant mariner's document endorsed with a qualified rating other than 
lifeboatman, shall submit a certification by a licensed physician or 
physician assistant that he or she is in good health and has no 
physical impairment or medical condition which would render him or her 
incompetent to perform the ordinary duties of that qualified rating(s). 
This certification must address visual acuity and hearing in addition 
to general physical condition, and must have been completed within the 
previous 12 months.
    (2) If the Officer in Charge, Marine Inspection has reason to 
believe that an applicant suffers from some physical impairment or 
medical condition which would render the applicant incompetent to 
perform the duties of the qualified rating(s) (other than lifeboatman), 
the applicant may be required to submit the results of an examination 
by a licensed physician or physician assistant that meets the 
requirements for originally obtaining the rating(s).
    (3) An applicant who has lost sight in one eye may renew a merchant 
mariner's document with qualified ratings, provided the applicant is 
qualified in all other respects and that the visual acuity in the 
remaining eye passes the test required in Sec. 10.205(d) of this 
chapter.
    (e) Special circumstances--(1) Reissuance after expiration, Period 
of grace. Except as provided in this paragraph, a merchant mariner's 
document may not be renewed more than 12 months after it has expired. 
To obtain a reissuance of a merchant mariner's document expired more 
than 12 months, an applicant shall comply with the requirements of 
paragraph (f) of this section. When an applicant's merchant mariner's 
document expires during a time of service with the Armed Forces and 
there is no reasonable opportunity for renewal, including by mail, this 
12-month period of grace may be extended. The period of military 
service following the date of merchant mariner's document expiration 
which precluded renewal may be added to the 12 month period of grace. 
The 12 month period of grace, and any extension, do not affect the 
expiration date of the document. A merchant mariner's document, and any 
endorsements that it contains, are not valid for use after the 
expiration date.
    (2) Renewal in advance. A merchant mariner's document may not be 
renewed more that 12 months before expiration unless it is being 
renewed in conjunction with a license or certificate of registry which 
is either due for renewal or being upgraded, or unless the Officer in 
Charge, Marine Inspection is satisfied that special circumstances exist 
to justify renewal.
    (3) Renewal by mail. (i) Applications for renewal of merchant 
mariner's documents by mail may be sent to any Coast Guard Regional 
Examination Center. The following documents must be submitted:
    (A) A properly completed application on a Coast Guard furnished 
form, and the evaluation fee required by Sec. 12.02-18.
    (B) The document to be renewed, or, if it has not expired, a 
photocopy of the document, including the back.
    (C) A certification from a licensed physician or physician 
assistant in accordance with paragraph (d) of this section.
    (D) Evidence of, or acceptable substitute for, sea service in 
accordance with paragraph (c) of this section.
    (ii) The open-book exercise, if required, may be administered 
through the mail.
    (4) Concurrent renewal of merchant mariner's documents, and 
licenses, or certificates of registry. An applicant for concurrent 
renewal of more than one merchant mariner credential shall satisfy the 
individual renewal requirements and pay the applicable fees required by 
Secs. 12.02-18 and 10.109 of this chapter for each merchant mariner's 
document, license, or certificate of registry being renewed.
    (f) Reissuance of expired merchant mariner's documents. (1) 
Whenever an applicant applies for reissuance of a merchant mariner's 
document endorsed with qualified rating(s) more than 12 months after 
expiration, in lieu of the requirements of paragraph (c) of this 
section the applicant shall demonstrate continued professional 
knowledge for each qualified rating for which reissuance is sought by 
completing a course approved for this purpose or, by passing the 
complete examination for each rating, or by passing the examination for 
a related license required by Sec. 10.209(f)(1) of this chapter. The 
fees listed in Secs. 12.02-18 and 10.109 apply to these examinations.
    (2) A merchant mariner's document without any qualified rating 
endorsements that has been expired more than 12 months shall be 
reissued in the same manner as a current merchant mariner's document. 
There are no additional requirements for reissuing merchant mariner's 
documents without qualified ratings that have been expired more than 12 
months.
    (g) Inactive document renewal. (1) Applicants for renewal of 
merchant mariner's documents that are endorsed with qualified ratings, 
who are unwilling or otherwise unable to meet the requirements of 
paragraphs (c) or (d) of this section may renew the merchant mariner's 
document, with the following restrictive endorsement placed on the 
document: ``Continuity only; service under document prohibited.'' 
Holders of merchant mariner's documents with this continuity 
endorsement may have the prohibition rescinded at any time by 
satisfying the renewal requirements in paragraphs (c) and (d) of this 
section.
    (2) Applications for renewal of a document with the continuity 
endorsement must include:
    (i) The document to be renewed, or, if it is unexpired, a photocopy 
of the document including the back and,
    (ii) A signed statement from the applicant attesting to an 
awareness of the restriction to be placed on the renewed document and 
of the requirements for rescinding the continuity endorsement.
    14. Section 12.02-29 and Table 12.02-29 are added to read as 
follows:


Sec. 12.02-29  Expiration of existing merchant mariner's documents.

    The expiration year of a merchant mariner's document issued without 
an expiration date is calculated by adding 5-year increments to the 
issuance date of the document, up to the first applicable year falling 
between 1995 and 1999, inclusive. The day and month of expiration are 
the same as that of issuance. Table 12.02-29 is provided as an aid for 
calculating the expiration date of a document issued without an 
expiration date. A merchant mariner's document is not valid for use 
after the expiration date calculated under this section, but may be 
renewed in accordance with the requirements of Sec. 12.02-27.

 Table 12.02-29.--Expiration of Merchant Mariner's Documents Issued With
                          No Expiration Date\1\                         
------------------------------------------------------------------------
                             Expiration year                            
-------------------------------------------------------------------------
    1999           1998           1997           1996           1995    
------------------------------------------------------------------------
                               Issue Year                               
                                                                        
------------------------------------------------------------------------
1994.........        1993           1992           1991          1990   
1989.........        1988           1987           1986          1985   
1984.........        1983           1982           1981          1980   
1979.........        1978           1977           1976          1975   
1974.........        1973           1972           1971          1970   
1969.........        1968           1967           1966          1965   
1964.........        1963           1962           1961          1960   
1959.........        1958           1957           1956          1955   
1954.........        1953           1952           1951          1950   
1949.........        1948           1947           1946          1945   
1944.........        1943           1942           1941          1940   
1939.........        1938           1937     .............  ............
------------------------------------------------------------------------
\1\Find the year in which the merchant mariner's document was issued    
  (Issue Year), then move up the column to find the Expiration Year.    
  Month and day of expiration correspond to the month and day of issue. 

    Dated: September 19, 1994.
J.F. McGowan,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-23655 Filed 9-26-94; 8:45 am]
BILLING CODE 4910-14-P