[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Proposed Rules]
[Pages 29462-29535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4509]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 20, 70, 95, 101, 110, 125, 141, 155, 156, 160, 162, 
163, 164, and 165

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

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


Consolidation of Merchant Mariner Qualification Credentials

AGENCY: United States Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to streamline the existing merchant 
mariner credentialing process to minimize redundant requirements and 
simplify the credentialing program. This proposed rule works in tandem 
with the joint Notice of Proposed Rulemaking published by the Coast 
Guard and the Transportation Security Administration (TSA) entitled 
``Transportation Worker Identification Credential (TWIC) Implementation 
in the Maritime Sector; Hazardous Materials Endorsement for a 
Commercial Driver's License'' published elsewhere in the Federal 
Register today. It proposes to combine the individual Merchant 
Mariner's Document, License, Certificate of Registry, and STCW 
Endorsement into a single certificate termed the Merchant Mariner 
Credential (MMC), which will be endorsed to reflect a mariner's 
qualifications. The Coast Guard also proposes to streamline the 
application process for the MMC by removing the requirement that all 
mariners appear at least once at one of 17 Regional Exam Centers 
(RECs). Instead, the information previously submitted by the applicant 
at the REC would be submitted to TSA through the TWIC enrollment 
process and shared with the Coast Guard by TSA.

DATES: Comments and related material must reach the Docket Management 
Facility on or before July 6, 2006. We will hold public meetings on 
Wednesday, May 31, 2006 in Newark, NJ; Thursday, June 1 in Tampa, FL; 
Wednesday, June 6 in St. Louis, MO; and Thursday, June 7 in Long Beach, 
CA.

ADDRESSES: You may submit comments identified by USCG docket number 
USCG-2006-24371 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Room PL-401, Washington, DC 
20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.
    See SUPPLEMENTARY INFORMATION for format and other information 
about comment submissions.

FOR FURTHER INFORMATION CONTACT: For questions concerning this proposed 
rule, call Mr. Luke Harden (G-PSO-1), United States Coast Guard, 2100 
Second Street, SW., Washington, DC 20593; telephone 1-877-687-2243.
    For questions concerning viewing or submitting material to the 
docket, call Renee V. Wright, Program Manager, Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street SW., Washington, DC 20590-0001; telephone (202) 493-0402.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the Department 
of Transportation (DOT) to use the Docket Management Facility. Please 
see DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2006-24371), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like the Coast Guard to acknowledge receipt, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter 
the last five digits of the docket number for this rulemaking, and 
click on ``Search.'' You may also visit the Docket Management Facility 
in Room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.
    Public Meetings: TSA and the Coast Guard will hold four public 
meetings as follows: Wednesday, May 31, 2006 in Newark, NJ; Thursday, 
June 1 in Tampa,

[[Page 29463]]

FL; Wednesday, June 6 in St. Louis, MO; and Thursday, June 7 in Long 
Beach, CA. These meetings will be held to take comments regarding both 
the Transportation Worker Identification Credential (TWIC) 
Implementation in the Maritime Sector; Hazardous Materials Endorsement 
for a Commercial Driver's License rule (Docket Nos. TSA-2006-24191; 
USCG-2006-24196) and the Consolidation of Merchant Mariner 
Qualification Credential rule (Docket No. USCG-2006-24371), both found 
in today's Federal Register. Specific times, locations and additional 
information for the public meetings will be announced in a subsequent 
notice in the Federal Register.

II. Background and Purpose

    Under the current regulatory scheme, the Coast Guard may issue to a 
mariner any combination of four credentials: the Merchant Mariner's 
Document (MMD), Merchant Mariner's License (License), Certificate of 
Registry (COR), or the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers (STCW) 
Endorsement. An MMD serves as a mariner's identification credential, 
indicates a mariner's qualifications, and is issued to mariners who are 
employed on merchant vessels of 100 gross register tons or more, except 
for those vessels employed exclusively in trade on the navigable waters 
of the U.S. Licenses are qualification certificates that are issued to 
officers. CORs are qualification certificates that are issued to 
medical personnel and pursers. STCW Endorsements are qualification 
certificates that are issued to mariners who meet international 
standards and serve aboard vessels to which STCW applies. The License, 
COR, and STCW Endorsement are qualification credentials only.
    Elsewhere in this edition of the Federal Register, the Department 
of Homeland Security (DHS) published a joint notice of proposed 
rulemaking by the Coast Guard and the Transportation Security 
Administration (TSA), which proposes to implement the Transportation 
Worker Identification Credential (TWIC) in the maritime sector. A TWIC 
is a biometric transportation security card as contemplated under the 
Maritime Transportation Security Act of 2002, 46 U.S.C. 70105 (MTSA). 
Under the TWIC rule, workers who require unescorted access to secure 
areas of MTSA-regulated maritime facilities and vessels, and all 
merchant mariners credentialed under 46 U.S.C. part E must undergo a 
security threat assessment from TSA. This population includes all 
mariners holding active MMDs, Licenses, CORs, or STCW Endorsements. If 
TSA determines that the applicant does not pose a security risk, TSA 
will issue a TWIC to that individual. Once the DHS rule is implemented, 
persons without TWICs will not be granted unescorted access to secure 
areas at affected maritime facilities or vessels, and all merchant 
mariners will be required to hold a valid TWIC.
    The MTSA requires DHS to issue biometric transportation security 
cards to, among others, merchant mariners. Because only the MMD is an 
identity document, and none of the Coast Guard-issued credentials 
contain biometric information or otherwise meet the MTSA requirements, 
a new credential is necessary to implement this statutory mandate. In 
addition, it was determined that national security would be increased 
by requiring all maritime workers to show the same credential to gain 
unescorted access to secure areas of vessels and facilities, rather 
than allowing a different card for each segment of the marine 
population.
    If the TWIC rule is fully implemented, merchant mariners would be 
required to obtain a TWIC in addition to the mariner credentials 
currently required and thus would be required to obtain a total of five 
credentialing documents. To minimize redundant credentialing 
requirements and ease the burden on merchant mariners, the Coast Guard, 
through this rule, proposes to streamline its mariner regulations and 
consolidate the four current merchant mariner credentialing documents 
into one Merchant Mariner Credential (MMC). The proposed amendments to 
the mariner regulations will reduce, ultimately, the number of Federal 
identification/qualification cards that a mariner needs to carry to two 
(the MMC and a TWIC), as well as remove all duplicative public burdens 
and governmental processes.
    The Coast Guard recently issued regulations aimed at increasing the 
security of the vetting process for mariner credentials. In an interim 
rule published January 6, 2004 for MMD applicants (68 FR 526), and an 
interim rule published January 13, 2006 for License applicants (71 FR 
2154), the Coast Guard implemented a mandatory appearance requirement 
in the application process. Currently, all applicants must appear at 
one of 17 Coast Guard Regional Examination Centers (RECs) at least once 
in the application process to be fingerprinted by and show proof of 
identification to an REC employee. This appearance requirement was 
added as an additional security measure to ensure that MMDs and 
Licenses are issued only to people whose identities have been verified.
    Under the TWIC proposed joint rulemaking published simultaneously 
with this rule, TSA would conduct security vetting and verify an 
applicant's identity prior to issuing the TWIC which would serve as an 
identity document. Without the streamlined process and combined 
credential suggested in this MMC rulemaking, mariners would be required 
to submit identity information and biometrics personally to two Federal 
agencies, and those Federal agencies would subject the applicant to the 
same security vetting process. This proposed rule is necessary to 
reduce cost and redundancy for both the public and the Federal 
government.
    Because this proposed rule is closely related to, and relies on the 
proposed TWIC rule, it will follow the same timeline as the TWIC rule. 
This rule will not become a Final Rule unless the TWIC rule also 
becomes a Final Rule. In addition, the TWIC rule proposes an 18 month 
enrollment period, after which all merchant mariners must hold a TWIC. 
To allow enough time for all mariners to obtain TWICs before this rule 
will make possession of a valid TWIC a mandatory requirement for the 
issuance of an MMC, this rule will not go into effect until 18 months 
after the TWIC rule goes into effect.

III. Proposed Rule

    The following discussion highlights the changes being made to the 
Coast Guard regulations. Through this proposed rulemaking, the Coast 
Guard proposes to consolidate the MMD, License, COR, and STCW 
Endorsement into a single document, called the Merchant Mariner 
Credential (MMC). The MMC would be a certificate that would contain 
endorsements for each of a mariner's job qualifications. It is expected 
to contain security enhancements that will deter duplication and 
manipulation. One of the security features is that the photograph on 
the MMC will match the photograph on the mariner's TWIC. Although the 
actual format of the MMC is not final at this stage, it is expected to 
appear in the form of a certificate suitable for framing that is 
modeled after the current STCW Endorsement. The current STCW 
Endorsement was recently updated to create a more professional 
appearance and to include increased security features such as 
watermarks and microprinting. A brochure showing the current STCW 
Endorsement and highlighting some of

[[Page 29464]]

its security features can be viewed online in the docket for this 
rulemaking, which may be found by doing a search for docket USCG-2006-
24371 at http://dms.dot.gov.
    The Coast Guard is taking personal privacy considerations into 
effect in the development of the MMC. We are aware of the posting 
requirement for Licenses under 46 U.S.C. 7110, and the notation 
requirements for MMDs under 46 U.S.C. 7303, both of which will apply to 
the MMC. The Coast Guard is conscious of the fact that mariners may not 
wish to publicly display some of the biographical information currently 
on the face of an MMD and we therefore strive to design an MMC that 
will hide some of the information related to personal privacy when 
placed on display.
    In the proposed credentialing system, instead of carrying up to 
five credentials, a mariner would hold only two. The MMC would serve as 
the mariner's qualification credential, while the TWIC would serve as 
the mariner's identification credential. To further benefit the mariner 
population, and reduce the burden created by the mandatory TWIC 
requirement, arrangements have been made with TSA to share information 
necessary for the MMC application process. Since all mariners would be 
required to appear at a TSA TWIC-enrollment center to provide proof of 
identity and citizenship and be photographed and fingerprinted, TSA has 
agreed to share with the Coast Guard information necessary to conduct 
our background check for safety and suitability related offenses and 
ensure that the mariner satisfies the appropriate citizenship 
requirements for the particular endorsement that they seek. This rule 
proposes to change the merchant mariner credentialing process into a 
process that potentially could be completed entirely by mail. To aid 
TSA in flagging those individuals whose information would need to be 
shared with the Coast Guard, it is envisioned that the mariner would 
advise TSA of their intent to apply for an MMC by checking a box that 
would appear on their TWIC application form. The cost savings from 
removing this travel burden is expected to be one of the financial 
benefits to the mariner proposed by this rule as TWIC-enrollment 
centers are expected to be established at every major port in the 
country. Should this regulation go into effect, instead of traveling 
great distances to visit one of the 17 RECs, mariners would have many 
more locations to choose from and would be much more likely to find one 
close to home.
    To reflect the proposed creation of the MMC, many nomenclature 
changes were made throughout titles 33 and 46 CFR. Although there are 
many of these changes and they account for the bulk of the regulatory 
text later in this document, they are non-substantive in nature and 
reflect only a change in terminology so that the terms used throughout 
the Coast Guard regulations reflect the new credential. Specifically, 
the term ``credential'' was used to reference the License, MMD, COR, 
STCW Endorsement, and MMC. This term is used to reflect all possible 
credentials a mariner could hold after the effective date of this 
proposed rule to account for the five-year phase-in period when 
mariners could either hold a License, MMD, COR and or STCW Endorsement, 
or could have renewed those documents and received the proposed MMC. 
The terms ``officer'' and ``officer endorsement'' are used to reference 
those qualifications currently reflected on a License or COR. The terms 
``rating'' and ``rating endorsement'' are used to reference those 
qualifications currently reflected on an MMD. Finally, the term 
``endorsement'' is used to reference the actual annotation on the MMC 
reflecting the mariner's job qualification.
    Although a reorganization of the regulations is necessary to 
accomplish this consolidation, the qualifications, experience, 
examinations, classes, and other requirements needed to serve as a 
merchant mariner are not changed by this proposed rule. To the extent 
possible, the Coast Guard proposes to change only the application 
procedures and form in which the qualifications are presented. To aid 
the reader, we have presented the proposed substantive changes to these 
regulations in table form. It is presented in six pieces: Changes that 
occurred throughout subchapter B; the changes that occurred in the 
current sections 10.100 through 10.223; changes that occurred in the 
current sections 12.01 through 12.02-29; the changes that would be made 
in the new regulatory text inserted into part 10; and finally those 
substantive changes that exist in sections 11.301 to end, sections 
12.03-1 to end and part 15. For organizational purposes, the current 
regulations in 46 CFR part 10 (which are specific to officers) would be 
moved in their entirety to create a new part 11. A new part 10 would 
then be created, which would include only the application procedures 
and information pertinent to the MMC that applies to all mariners. The 
substance of the regulations proposed for the new Part 10 have been 
taken from the current regulations in sections 10.100 through 10.223 
and 12.01 through 12.02. With the exception of the section on the 
changes in the new part 10 below, all citations in the left column 
reference the current regulations in 46 CFR.

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              Location                          Proposed change                  Reason for proposed change
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                                THESE CHANGES WOULD OCCUR THROUGHOUT SUBCHAPTER B
----------------------------------------------------------------------------------------------------------------
Sec.  Sec.   10.103, 12.01-6,        All definitions in subchapter B would  Change made for clarity. Combining
 13.103, 15.301.                      be combined into one section located   all of the terms in one
                                      in Sec.   10.107, with the exception   introductory section for the entire
                                      of part 16, and the definitions in     subpart would allow the mariner to
                                      Sec.   15.1101. A new paragraph in     go to one place to find definitions
                                      Sec.   10.107(a) would be added to     for all terms and reduces the
                                      state that if the definitions for      length of the regulations by
                                      the subpart provided in part 10        omitting duplicative definitions.
                                      differ from those defined in part     The definitions for 46 CFR part 16
                                      16, or Sec.   15.1101, then the part   have been excluded from the
                                      16 or Sec.   15.1101 definition        consolidation of definitions in
                                      applies as appropriate.                this rulemaking process except for
                                                                             minor word changes to reflect the
                                                                             proposed changes in this NPRM. Part
                                                                             16 is a standalone rule that relies
                                                                             heavily on 49 CFR part 40. In
                                                                             addition, the subject matter of
                                                                             part 16 deals with the narrow issue
                                                                             of chemical testing. It was
                                                                             determined that combining the
                                                                             definitions for this part with the
                                                                             other definitions of Subchapter B
                                                                             would lead to unnecessary
                                                                             confusion.
                                                                            The definitions in Sec.   15.1101
                                                                             have been excluded from the
                                                                             consolidation of definitions as
                                                                             they apply only to subpart J of
                                                                             part 15 and are narrowly tailored.

[[Page 29465]]

 
Titles 33 and 46 CFR...............  References to the terms ``Merchant     One of the main goals of this
                                      Mariner Credential'', ``MMC'',         rulemaking is to combine the
                                      ``credential'', ``endorsement'',       License, MMD, COR, and STCW
                                      ``officer endorsement'' or ``rating    Endorsement to create the MMC with
                                      endorsement'' as appropriate, were     endorsements thereon that indicate
                                      inserted throughout Titles 33 and      that the mariner is qualified to
                                      46, when the text referred to a        perform specific job functions.
                                      mariner's ``License'', ``Merchant      This new credential would be phased
                                      Mariner Document'', ``MMD'', ``STCW    in over a five-year period, as the
                                      Certificate'', and or ``Certificate    mariner's previous credentials
                                      of Registry''.                         expire. For that reason, during
                                                                             that initial five-year period,
                                                                             mariners could hold either an MMC
                                                                             or one of the current credentials.
                                                                             As a result, the regulations would
                                                                             be amended to reflect the inclusion
                                                                             of this new credential and its
                                                                             terms of art. After the close of
                                                                             the five-year integration period
                                                                             when all mariners would hold MMCs,
                                                                             a technical amendment to the
                                                                             regulations is expected to be
                                                                             published that would remove
                                                                             references to the credentials that
                                                                             the Coast Guard will no longer be
                                                                             issuing (the License, MMD, etc.).
Parts 10-16........................  References to ``Certificates of        These documents are no longer issued
                                      Identification'', ``Certificates of    by the Coast Guard. The Coast Guard
                                      Service'', ``Certificates of           discontinued this practice before
                                      Efficiency'', and ``Continuous         the publication of this proposed
                                      Discharge Books'' were removed.        rule. Continued reference to these
                                                                             certificates and books creates
                                                                             undue confusion. This rule would
                                                                             update the regulations to conform
                                                                             with practice and reduce confusion.
Parts 10-16........................  Miscellaneous linguistic edits.......  Many non-substantive edits are
                                                                             proposed throughout subchapter B to
                                                                             improve clarity and support the
                                                                             government's plain language
                                                                             initiative. Because of their large
                                                                             volume, only substantive changes
                                                                             are specifically identified in this
                                                                             table.
Parts 10 and 12....................  A reorganization of 46 CFR subchapter  The application requirements,
                                      B is proposed as follows: The          appeals processes, etc. for MMDs
                                      regulations specific to officer        and Licenses (formerly Sec.   Sec.
                                      endorsements that are currently         10.100 to 10.223 and 12.01-1 to
                                      contained in 46 CFR part 10 would be   12.02-29) that are not distinct to
                                      moved to create a new part 11 (there   either officers or ratings would be
                                      is no part 11 in the current           combined and located at the
                                      regulations). The elements of part     beginning of the subchapter. Those
                                      12 specific to rating endorsements     elements of the current
                                      would stay in part 12. Those           regulations, parts 10 and 12, that
                                      elements regarding application         are specific to either officers or
                                      processes currently contained in       ratings would be kept separate, and
                                      parts 10 and 12 would be combined to   retained in either part 11 (for
                                      create a new part 10 that would        officers) or part 12 (for ratings).
                                      contain the application process for    In order to avoid confusion, the
                                      the MMC.                               requirements for officers would be
                                                                             moved to create a new part 11, and
                                                                             the new general requirements for
                                                                             all MMCs would be inserted into the
                                                                             beginning of part 10.
----------------------------------------------------------------------------------------------------------------
                    THESE CHANGES WOULD OCCUR IN THE CURRENT PART 10 SECTIONS 10.100--10.223
               (Unless otherwise stated, the current part 10 would move to create a new part 11.)
----------------------------------------------------------------------------------------------------------------
Sec.   10.105 (now Sec.   11.105)..  (a) Moved to Sec.   10.217. The        Paragraph (a): moved for
                                      requirements of (b) and (c) were       organizational purposes. Paragraphs
                                      replaced with language in Sec.         (b) and (c): Since the Coast Guard
                                      10.209(c)(3) reflecting the            would no longer issue Licenses
                                      agreement between TSA and Coast        after this rule becomes effective,
                                      Guard to share this information.       the application procedures for
                                                                             Licenses and MMDs would be combined
                                                                             into the procedures for the
                                                                             application for MMCs. Throughout
                                                                             this proposed regulation, to the
                                                                             extent possible, application
                                                                             requirements, training, and any
                                                                             other qualifications required to
                                                                             obtain the current credentials
                                                                             would not change. The fingerprint,
                                                                             proof of ID and appearance
                                                                             requirements have been removed due
                                                                             to agreements made by TSA and the
                                                                             Coast Guard. This change is
                                                                             discussed in greater detail below
                                                                             in the discussion of new section
                                                                             10.209.
Sec.  Sec.   10.109, 10.110, 10.111  Tables and text moved to Sec.          The fee charts for the issuance of
 and 10.112.                          10.219..                               Licenses, MMDs, CORs, and STCW
                                                                             Certificates would be merged. The
                                                                             fee structures were retained and
                                                                             the only changes that were made
                                                                             were linguistic and organizational
                                                                             changes to reflect the new
                                                                             credential and remove any
                                                                             duplicative charges. The only
                                                                             substantive change to the fees
                                                                             charged is that mariners will only
                                                                             be charged one $45 issuance fee as
                                                                             there is only one credential now
                                                                             instead of four. No new costs have
                                                                             been added.

[[Page 29466]]

 
Sec.   10.201......................  (b) Moved to Sec.   Sec.   10.211 and  Since the Coast Guard would no
                                      10.213. First part moved to            longer be issuing Licenses after
                                      ``Criminal Record Review'', second     these proposed changes take effect,
                                      part moved to ``National Driver        the application procedures for
                                      Register''.                            Licenses and MMDs would be combined
                                     (e) Moved to Sec.   10.221...........   to create the application
                                     (h) Moved to Sec.   10.211, except:..   procedures for the MMC. The
                                     In (h)(1), the first sentence would     paragraphs in this section would be
                                      be deleted, and the fourth and fifth   relettered to fill the gaps of the
                                      sentences would be moved to 10.209..   sections removed. Unless otherwise
                                     (i) Moved to Sec.   10.213...........   stated below, even though the
                                     (j) Moved to Sec.   Sec.   10.211 and   organization changed, the
                                      10.213..                               application requirements would not
                                     All other paragraphs retained in Sec.   be substantively changed.
                                        11.201, but relettered. New Sec.    Current (h)(1): The discussion of
                                      11.201 also includes some sections     fingerprints was moved to 10.211.
                                      from the former Sec.   10.202, which   As discussed elsewhere in this
                                      are discussed below..                  table, a mariner would no longer be
                                     New paragraph (e) added language that   required to appear at an REC to
                                      the required evidence of age may be    provide fingerprints. This data
                                      established using the applicant's      will be shared with the Coast Guard
                                      proof of citizenship..                 by TSA.
                                     Newly redesignated (f) added ``,       New paragraph (e): Added for
                                      hearing, and general physical          clarity. Proofs of citizenship are
                                      condition'' to the listing of          used to establish age. This is
                                      physical checks..                      already done in practice. The proof
                                     Newly redesignated (g) added ``from     of citizenship will be submitted by
                                      the date the application is            the applicant to TSA in the TWIC
                                      approved''. NEW (h) taken from Sec.    enrollment process and
                                       10.201(e)..                           electronically shared with the
                                                                             Coast Guard by TSA.
                                                                            Newly redesignated (f): Listed the
                                                                             remaining medical and physical
                                                                             evaluations that the Coast Guard
                                                                             recommends be performed at the
                                                                             earliest opportunity to ascertain
                                                                             the applicants ability to perform
                                                                             their duties. These early
                                                                             evaluations are not a requirement,
                                                                             but are recommended to save the
                                                                             applicant an investment of time and
                                                                             money when an unknown medical or
                                                                             physical condition may prevent the
                                                                             issuance of the credential sought.
                                                                             This change combines the elements
                                                                             of the MMD and License.
                                                                            Newly redesignated (g): Change
                                                                             proposed for clarity. Formerly said
                                                                             valid for 12 months, but did not
                                                                             say 12 months from when.
Sec.   10.202......................  Sec.   11.202--renamed...............  Section 11.202 would be renamed to
                                     (a) Moved to Sec.   11.201(g) above..   discuss only those elements of the
                                     (b) and (c) Moved to Sec.   10.205...   former Sec.   10.202 that were
                                     (d) Moved to Sec.   10.225...........   specific to STCW Endorsements. All
                                     (e) Combined in Sec.   11.201(b)        other paragraphs would be retained,
                                      above to remove duplicative            but moved into other sections in
                                      language..                             part 10 for organizational
                                     (f) Moved to Sec.   10.215...........   purposes.
                                     (g) Moved to Sec.   10.237...........
                                     (h) Moved to Sec.   11.201(i) above..
                                     (i) Moved to Sec.   10.209...........
                                     (m) Moved to Sec.   10.211...........
                                     (j-l) These paragraphs were retained
                                      in Sec.   11.202, but were
                                      renumbered to account for the
                                      sections that were taken from this
                                      section and moved to part 10..
Sec.   10.204......................  Moved to Sec.   10.237...............  The rights of appeal for a License
                                                                             are the same as those for an MMC.
                                                                             Reorganization change only.
Sec.   10.205......................  (b) Deleted..........................  Reorganized. Combined the
                                     (c) Deleted..........................   application elements for Licenses
                                     (d) Moved to Sec.   10.215...........   that now apply to the MMC, and
                                     (f)(2) Moved to Sec.   10.211........   moved those application elements
                                     (j) Moved to Sec.   10.209...........   that apply only to officers into
                                     (k) Moved to Sec.   10.213...........   new part 11. Many of the elements
                                     (l-o) Moved to Sec.   11.202 above.     of Sec.   10.205 would be moved,
                                      (Combined the STCW endorsement         but unless stated otherwise below,
                                      information into one place). All       the substantive elements of the
                                      other info here was renumbered. NEW    section would be retained.
                                      (e)(1): Changed ``within the past 12  (b) Removed because it is
                                      months'' to ``not more than one year   duplicative, the substance is
                                      before the date of application''..     contained in Sec.   11.201(e)
                                                                             above.
                                                                            (c) Removed because under this
                                                                             proposed rule, applicants will no
                                                                             longer be required to submit proof
                                                                             of citizenship to the Coast Guard.
                                                                             Applicants would provide their
                                                                             proof of citizenship to TSA in the
                                                                             TWIC application process. TSA would
                                                                             then share an electronic scan of
                                                                             the applicant's proof of
                                                                             citizenship with the Coast Guard if
                                                                             the applicant is given a TWIC.
                                                                             Authenticity will be determined by
                                                                             TSA.
                                                                            New (e)(1): Change made for clarity.
Sec.   10.207......................  The requirements for all credentials   The material in this section
                                      (ex: citizenship, chemical testing,    involved the application procedures
                                      criminal record review, National       to obtain raises in grade of
                                      Driver Register (NDR) and medical/     endorsement. The substance of the
                                      physical requirements) were moved to   section would be retained, but
                                      10.209. The remaining paragraphs       moved for organizational purposes
                                      were moved to the raises of grade      to be in the more general MMC
                                      regulations at the new Sec.   10.231.  section of the regulations. The
                                                                             intent was to place as many of the
                                                                             application requirements as
                                                                             possible within the same part (part
                                                                             10) to make the regulations more
                                                                             organized and clear.

[[Page 29467]]

 
Sec.   10.209......................  All paragraphs currently contained in  General: The merging of the License
                                      section 10.209 were moved to section   with the other mariner
                                      10.227 with the exception of           qualification documents requires a
                                      paragraphs (a)(2), (e)(2), (e)(3),     merger of the renewal requirements.
                                      (e)(3)(F)(iii) and (e)(4).             All elements of this section would
                                     (a)(2)--The requirement to appear in    be retained with the exception of
                                      person to be fingerprinted and         those sections discussed below:
                                      provide evidence of identity would    (a)(2) Now that the identity portion
                                      be removed..                           of the application process would be
                                     (e)(2) Renewal in advance. Currently,   conducted by TSA, the TWIC would be
                                      Licenses can only be renewed within    the mariner's primary identity
                                      12 months of expiration. This          document. The MMC is only intended
                                      limitation would be removed..          to be a qualification document,
                                     (e)(3) The requirement to appear in     which will have identity
                                      person to be fingerprinted and         information on it to comply with
                                      provide evidence of identity would     the STCW convention. When a mariner
                                      be removed..                           is approved for a TWIC, TSA will
                                     (e)(3)(F)(iii) Moved to Sec.            electronically send to the Coast
                                      10.205..                               Guard the individual's photograph,
                                     (e)(4) Concurrent renewal of            fingerprints, and proof of
                                      licenses, certificates of registry,    citizenship/alien status. The
                                      and merchant mariner documents would   mariner must provide TSA with a
                                      be deleted..                           fingerprint and appear at a TSA-
                                                                             enrollment station twice--once to
                                                                             apply and present proofs of
                                                                             identity, citizenship and
                                                                             fingerprints, and once to pick up
                                                                             the credential and provide a one-to-
                                                                             one match of their fingerprint with
                                                                             the chip on the TWIC. Requiring the
                                                                             mariner to submit the same
                                                                             information to the Coast Guard
                                                                             would be needlessly duplicative, so
                                                                             the requirement would be removed.
                                                                             The same line of reasoning applies
                                                                             to proof of legal residency for
                                                                             aliens as discussed below.
                                                                            (e)(2) Removing the limitation on
                                                                             renewal periods would ease the
                                                                             burden on merchant mariners by
                                                                             allowing them the flexibility to
                                                                             come in and renew their credentials
                                                                             at their leisure. All of a
                                                                             mariner's endorsements (officer and
                                                                             rating) will expire on the date
                                                                             that the MMC expires. This is
                                                                             intended to aid the mariner by
                                                                             reducing the number of expiration
                                                                             dates they must remember and will
                                                                             allow for more flexibility to serve
                                                                             a population of individuals who
                                                                             frequently find themselves off at
                                                                             sea for extended periods of time.
                                                                             If the mariner comes in and gets a
                                                                             raise in grade with 2 years left on
                                                                             their MMC, they could now renew the
                                                                             MMC at the same time they apply for
                                                                             the new endorsement. The current 12
                                                                             month limitation was imposed to
                                                                             prevent constant renewals which
                                                                             would overwhelm the RECs and lead
                                                                             to backlogs. Since this limitation
                                                                             was imposed, user fees have been
                                                                             created, which should prevent
                                                                             unnecessary renewal requests.
                                                                            (e)(3) See (a)(2) above.
                                                                            (e)(3)(F)(iii) An MMC, like a
                                                                             License, would not be valid until
                                                                             signed.
                                                                            (e)(4) This paragraph would be
                                                                             deleted because there would no
                                                                             longer be multiple credentials that
                                                                             could be renewed concurrently. The
                                                                             requirement to supply any
                                                                             supplementary materials to show
                                                                             that the mariner meets the
                                                                             mandatory requirements for the
                                                                             specific endorsement sought would
                                                                             be contained in the new Sec.
                                                                             10.227(g).
Sec.   10.210......................  Deleted..............................  The provisions for the conversion of
                                                                             a towing License would be removed
                                                                             because they will only apply until
                                                                             May 21, 2006. By the time this rule
                                                                             could become final, all towing
                                                                             Licenses issued before May 21, 2001
                                                                             should already have been renewed.
Sec.   10.215......................  Moved to Sec.   10.223...............  The merging of the License with the
                                                                             other mariner-qualification
                                                                             documents requires a merger of the
                                                                             renewal requirements. The substance
                                                                             of the section would be retained
                                                                             unless otherwise mentioned below.
Sec.   10.219......................  First sentence of (a) moved to Sec.    The merging of the License with the
                                      10.233, the remainder was moved to     other mariner-qualification
                                      Sec.   10.229.                         documents requires a merger of the
                                                                             requirements for holders and the
                                                                             issuance of duplicates. The
                                                                             substance of the section would be
                                                                             retained unless otherwise mentioned
                                                                             below.
Sec.   10.221......................  Moved to Sec.   10.233...............  The merging of the License with the
                                                                             other mariner-qualification
                                                                             documents requires a merger of the
                                                                             obligation requirements. The
                                                                             substance of the section would be
                                                                             retained unless otherwise mentioned
                                                                             below.
Sec.   10.223......................  Moved to Sec.   10.235...............  The merging of the License with the
                                                                             other mariner-qualification
                                                                             documents requires a merger of the
                                                                             suspension and revocation
                                                                             requirements. The substance of the
                                                                             section would be retained unless
                                                                             otherwise mentioned below.
----------------------------------------------------------------------------------------------------------------

[[Page 29468]]

 
                        THESE CHANGES WOULD OCCUR IN Sec.   Sec.   12.01 THROUGH 12.02-29
----------------------------------------------------------------------------------------------------------------
Sec.   12.01-1.....................  Paragraphs (a)(3) and (c) would be     Paragraph (a)(3) involves the review
                                      moved to Sec.   10.101. The            of an applicant's background to
                                      remainder would be retained in 12.01-  determine whether they pose a
                                      1.                                     security or safety risk. Now, TSA
                                                                             will be reviewing the applicant's
                                                                             security background. The safety
                                                                             review would be addressed in the
                                                                             review of the applicant's criminal
                                                                             record and NDR record, contained in
                                                                             part 10. The Coast Guard would no
                                                                             longer evaluate applicants for
                                                                             security risk. Paragraph (c)
                                                                             references credentials that are no
                                                                             longer issued by the Coast Guard.
Sec.   12.01-7.....................  The list of RECs was moved to Sec.     The REC locations have not been
                                      10.217.                                changed in this rule, but instead
                                                                             of listing them in both parts 10
                                                                             (now 11) and 12, they are now
                                                                             listed only in part 10.
Sec.   12.02-3.....................  (a) Deleted..........................  (a) The Coast Guard no longer issues
                                     (b) Moved to Sec.   10.217...........   the documents in this part.
                                                                            (b) The Coast Guard currently does
                                                                             not conduct exams abroad, but part
                                                                             10 retains the agency's right to do
                                                                             so.
Sec.   12.02-4.....................  Moved to part 10.....................  (a) and (c) Would be moved to part
                                     (a) and (c) Moved to Sec.   10.211...   10, and incorporated into the
                                     (b) Moved to Sec.   10.209...........   general application procedures. The
                                     (d) and (e) Moved to Sec.   10.213...   requirements would not be changed,
                                                                             other than that the security check
                                                                             portion of the process will already
                                                                             have been completed by TSA when the
                                                                             mariner goes through the TWIC
                                                                             vetting. To remove duplicative
                                                                             processes, the Coast Guard would no
                                                                             longer conduct a background check
                                                                             to evaluate whether an applicant is
                                                                             a security risk. The Coast Guard
                                                                             would, however, continue to
                                                                             evaluate the applicants to
                                                                             determine that they would not pose
                                                                             a safety risk and that they are
                                                                             qualified for the MMC and
                                                                             endorsement sought. Furthermore, as
                                                                             discussed elsewhere in this table,
                                                                             the fingerprints now required to be
                                                                             submitted by the mariner at an REC
                                                                             could be transmitted electronically
                                                                             by TSA from the applicant's TWIC
                                                                             application.
                                                                            (b) This requirement would be
                                                                             retained, but moved for
                                                                             organizational purposes.
                                                                            (d) and (e) The requirements in
                                                                             these paragraphs would be retained
                                                                             but moved for organizational
                                                                             purposes.
Sec.   12.02-5.....................  Deleted..............................  Continuous discharge books, and
                                                                             certificates of service,
                                                                             efficiency, or identification are
                                                                             no longer issued by the USCG. This
                                                                             section was outdated and
                                                                             unnecessary.
Sec.   12.02-7.....................  (d) Formerly read ``* * * of 500       (d) Change would be made to correct
                                      gross ton'', now reads ``* * * of      typographical error.
                                      500 gross tonnage (200 gross
                                      register tons)''.
Sec.   12.02-9.....................  (a) Parts added to Sec.   10.209, the  (a) The general requirements of this
                                      rest was deleted.                      paragraph would be retained and
                                     (b) Deleted..........................   moved to part 10. The only change
                                     (c) Moved to Sec.   10.209...........   is that references to continuous
                                     (d) and (f) Moved to Sec.   10.209...   discharge books and certificates of
                                     (e) Moved to Sec.   10.225...........   identification would be removed as
                                     (g) Moved to Sec.   10.211...........   these are no longer issued by the
                                     (h) Moved to Sec.   10.213...........   USCG.
                                                                            (b) These paragraphs would be
                                                                             deleted because photographs will
                                                                             now be sent to the USCG by TSA once
                                                                             an applicant is cleared for a TWIC.
                                                                             For added security, the photograph
                                                                             on the TWIC will match the
                                                                             photograph on the MMC.
                                                                            (c), (d), (f), (g), and (h)
                                                                             Requirements would be retained but
                                                                             moved to part 10 for organizational
                                                                             purposes.
                                                                            (e) Requirement would be retained
                                                                             but moved to part 10 for
                                                                             organizational purposes. Also,
                                                                             clarified that the 12 months begins
                                                                             from date of application approval.
Sec.   12.02-10....................  Moved to Sec.   10.221...............  Requirement retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes. Also, a non-significant
                                                                             technical change was made to remove
                                                                             references to obsolete credentials.

[[Page 29469]]

 
Sec.   12.02-11....................  (a) and (c) Moved to Sec.   10.201...  (a) The regulation would continue to
                                     (b) Deleted..........................   reference the Coast Guard form
                                     (c) Moved to Sec.   10.205(g)........   number that the credential would be
                                     (d)(1) [now (a)(1)] Removed reference   issued on, but would reference a
                                      to the fact that an MMD endorsed for   new form number to reflect the new
                                      ``any unlicensed rating in the deck    credential. The application form
                                      department, except able seaman''       would have to be revised to
                                      would not have to show his license     incorporate the changes reflected
                                      to serve in any unlicensed capacity    in this rule.
                                      in the deck department except able    (b) This paragraph is no longer
                                      seaman..                               relevant as there should no longer
                                     (d)(3) Deleted.......................   be valid certificates of service,
                                     (e)(1) Deleted.......................   certificates of efficiency, or
                                     (g) Deleted..........................   certificates of identification.
                                     (d)(2), (e)(2), (f), (h), and (i) All   Also, all qualifications would
                                      retained in Sec.   12.02-11, and re-   appear on one document, so there
                                      lettered to account for the            would be no need to cross reference
                                      paragraphs that were removed..         anything.
                                                                            (c) This paragraph refers to the
                                                                             fact that an MMD also serves as a
                                                                             certificate of service. As the new
                                                                             regulation would be removing the
                                                                             MMD, this provision is unnecessary.
                                                                             The remaining provisions would be
                                                                             moved to Sec.   10.205(g) for
                                                                             organizational purposes.
                                                                            (d)(1) Once all endorsements are
                                                                             combined on the same document,
                                                                             there would be no second document
                                                                             to show--this language would be
                                                                             irrelevant, so it would be removed.
                                                                            (d)(3) This paragraph would no
                                                                             longer be relevant since all
                                                                             endorsements would be on one
                                                                             document. There would no longer be
                                                                             a need for one document to
                                                                             reference another, or determine
                                                                             what will be on which credential.
                                                                            (e)(1) The process of combining
                                                                             credentials would make this
                                                                             requirement unnecessary.
                                                                            (g) This paragraph is no longer
                                                                             applicable. Continuous discharge
                                                                             books are no longer issued, and no
                                                                             document issued before November 1,
                                                                             1945 would still be valid.
Sec.   12.02-12....................  Deleted..............................  All merchant mariners would be
                                                                             required to hold a valid TWIC
                                                                             pursuant to the joint rulemaking
                                                                             published by DHS entitled
                                                                             ``Transportation Worker
                                                                             Identification Credential (TWIC)
                                                                             Implementation in the Maritime
                                                                             Sector; Hazardous Materials
                                                                             Endorsement for a Commercial
                                                                             Driver's License'' and 46 U.S.C.
                                                                             70105. TSA would conduct a full
                                                                             identity check before issuing the
                                                                             TWIC, and the TWIC would serve as
                                                                             the mariner's primary identity
                                                                             credential. In the TWIC rulemaking,
                                                                             proposed language was inserted into
                                                                             parts 10, 12, and 15 to require the
                                                                             possession of a valid TWIC. This
                                                                             rulemaking would retain that
                                                                             requirement, and use the TWIC as
                                                                             the mariner's proof of identity.
                                                                             Before issuing an MMC, the RECs
                                                                             would run the TWIC number against
                                                                             the Transportation Security
                                                                             Administration's Identification
                                                                             Management System (IDMS) to make
                                                                             sure the TWIC is still valid.
                                                                             Appearance at an REC would not be
                                                                             required.
Sec.   12.02-13....................  (c) Deleted entirely.................  (c) This paragraph would be deleted
                                     The remainder moved to Sec.   10.209.   to conform to changes made in the
                                                                             Interim Rule published January 13,
                                                                             2006, at 71 FR 2154.
                                                                            The remainder of the section would
                                                                             be retained, but moved to part 10
                                                                             for organizational purposes.
Sec.   12.02-14....................  Moved to Sec.   10.221...............  Requirements retained, but would be
                                                                             moved to part 10 for organizational
                                                                             purposes.
Sec.   12.02-15....................  Moved to Sec.   10.225...............  Requirements retained, but would be
                                                                             moved to part 10 for organizational
                                                                             purposes.

[[Page 29470]]

 
Sec.   12.02-17....................  (b) Moved to Sec.   10.205...........  (b), (c), (d) and (h) The
                                     (c) Moved to Sec.   10.209...........   requirements were retained, but
                                     (d) Moved to Sec.   10.207...........   moved to part 10 for organizational
                                     (e) Modified and moved to Sec.          purposes.
                                      10.209..                              (e) An individual who applies for an
                                     (h) Deleted..........................   MMD under the current regulations,
                                     The remaining paragraphs have been      must pass a medical examination,
                                      retained in this section. Also, the    but conflicts exist between the
                                      title of the section was renamed to    terms used in the licensing
                                      ``Examination procedures and denial    regulations from those used in the
                                      of rating endorsements.''.             MMD regulations with respect to who
                                                                             can perform those examinations.
                                                                             Section 12.15-5(a) said that
                                                                             Qualified Members of the Engine
                                                                             Department (QMEDS) could have their
                                                                             eyes, hearing, and physical
                                                                             condition checked by a medical
                                                                             officer of the United States Public
                                                                             Health service or any other
                                                                             reputable physician. The same was
                                                                             said for able seaman for their
                                                                             physical requirements in Sec.
                                                                             12.05-5(a). But all mariners
                                                                             seeking MMDs had to have their
                                                                             medical fitness evaluated by a
                                                                             ``qualified medical practitioner''.
                                                                             Similarly all applicants for
                                                                             licenses were required to have a
                                                                             physical exam conducted by a
                                                                             ``licensed physician or licensed
                                                                             physician assistant'' in Sec.
                                                                             10.205(d). Due to the contradictory
                                                                             terms currently used, and the fact
                                                                             that it is common practice for
                                                                             individuals to seek these services
                                                                             from licensed medical doctors,
                                                                             licensed physician assistants, and
                                                                             licensed nurse practitioners, the
                                                                             proposed regulation reflects the
                                                                             titles of the specific
                                                                             professionals who may provide this
                                                                             service.
                                                                            The title of the section would
                                                                             change to reflect its new content.
                                                                            (h) The MMC shows only a mariner's
                                                                             qualifications and would not be a
                                                                             proof of their identity or allow
                                                                             them access to secure areas of
                                                                             vessels or facilities. As the MMC
                                                                             is not an identity document, as was
                                                                             the MMD, a mariner may retain the
                                                                             MMC after its expiration. This is a
                                                                             continuation of the procedures that
                                                                             are currently in place with respect
                                                                             to the License, which also is not
                                                                             an identity credential. More strict
                                                                             control of identity credentials is
                                                                             necessary than for qualification
                                                                             documents. This change is reflected
                                                                             in Sec.  Sec.   10.225(d) and
                                                                             10.231(b) in the proposed text.
Sec.   12.02-18....................  Moved to Sec.   10.219...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-19....................  Moved to Sec.   10.235...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-21....................  Moved to Sec.   10.235...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-23....................  Moved to Sec.   10.229...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-24....................  Moved to Sec.   10.233...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-25....................  Moved to Sec.   10.237...............  The requirements from this section
                                                                             would be retained, but moved to
                                                                             part 10 for organizational
                                                                             purposes.
Sec.   12.02-27....................  Moved to Sec.   10.227 except:.......  The requirements from this section
                                     (a)(2) Deleted.......................   would be retained, but moved to
                                     (c)(2) Deleted.......................   part 10 for organizational purposes
                                     (d) Modified and moved to 10.215.....   with the following exceptions:
                                     (e)(2) Deleted.......................  The reference number for the Coast
                                     (e)(4) Deleted.......................   Guard application form will be
                                     (e)(5) Deleted.......................   changed once the application form
                                                                             is finalized and cleared through
                                                                             the Office of Management and Budget
                                                                             (OMB).
                                                                            Paragraph (a)(2) would be removed as
                                                                             personal appearance at an REC would
                                                                             no longer be necessary once TSA
                                                                             shares the applicant's information
                                                                             with the Coast Guard.
                                                                            Paragraph (c)(2) would be removed
                                                                             because there will no longer be a
                                                                             time when a mariner will hold a
                                                                             credential that does not reflect an
                                                                             endorsement on it.
                                                                            In paragraph (d), the individuals
                                                                             who may conduct medical and
                                                                             physical exams would be extended to
                                                                             include a licensed medical doctor
                                                                             (including a Doctor of Osteopathy),
                                                                             licensed physician assistant, or
                                                                             licensed nurse practitioner.
                                                                            Paragraph (e)(2) would be removed to
                                                                             allow mariners to renew their
                                                                             credential at any time they choose.
                                                                             There would no longer be a
                                                                             limitation that MMDs could not be
                                                                             renewed more than 12 months in
                                                                             advance.

[[Page 29471]]

 
                                                                            Paragraph (e)(4) would be removed
                                                                             because after the promulgation of
                                                                             this regulation, there will only be
                                                                             one credential issued to mariners,
                                                                             so procedures for concurrent
                                                                             renewal would be unnecessary.
                                                                            Paragraph (e)(5) would be removed
                                                                             because, as otherwise discussed in
                                                                             this table, applicants would no
                                                                             longer be required to appear in
                                                                             person at an REC to show proof of
                                                                             identity and be fingerprinted.
----------------------------------------------------------------------------------------------------------------
                                  THESE CHANGES WOULD OCCUR IN THE NEW PART 10
----------------------------------------------------------------------------------------------------------------
Sec.   10.107 Subchapter B           Added definitions for the following    Apprentice mate (steersman) of
 Definitions.                         terms:.                                towing vessels: This definition was
                                     Apprentice mate (steersman) of towing   amended to include the words ``and
                                      vessels (existing definition           in the presence of'' due to the
                                      amended).                              definition of the term ``directly
                                     Credential...........................   supervised''. The Coast Guard wants
                                     Day (Added ``When computing service     to make it clear that apprentice
                                      required for Mobile Offshore           mates of towing vessels must be
                                      Drilling Unit (MODU) endorsements a    supervised in the presence of a
                                      day is a minimum of four hours, and    master or mate and arrangements
                                      no additional credit is received for   such as the use of two-way radios
                                      periods served over eight hours.''     are not acceptable.
                                      to the existing definition.).         Credential: Because mariners would
                                     Endorsement (Existing definition        be allowed to receive their MMCs
                                      modified).                             over a period of up to six years
                                     Fails a chemical test for dangerous     (as their license, MMD, etc.
                                      drugs (Existing definition modified    expires plus the one-year
                                      to match part 16).                     administrative grace period), for
                                     Great Lakes..........................   those six-years some mariners may
                                     Invalid credential...................   hold an MMC and others may hold any
                                     Merchant Mariner Credential (MMC)....   number of the current credentials.
                                     MMC Application......................   The term ``credential'' is used to
                                     Officer Endorsement..................   reference any and all of the
                                     Officer in Charge of Marine             potential documents held by the
                                      Inspection (OCMI).                     mariner. At the close of this six-
                                     Rating Endorsement...................   year period, a technical amendment
                                     Readily Available....................   is expected which will remove all
                                     Criminal Record Check................   remaining references to documents,
                                     Staff officer........................   licenses, and certificates as well
                                     STCW Endorsement.....................   as remove the term ``credential''
                                     Transportation Worker Identification    and insert ``MMC''.
                                      Credential (TWIC).                    Endorsement: Would be modified to
                                     The creation of the new paragraph (b)   reflect that endorsements would be
                                      is discussed above in the section      notations of qualifications that
                                      discussing changes that occurred       appear on a person's MMC.
                                      throughout subchapter B and the       Day: Would combine the definitions
                                      combination of definitions..           of Day and Service from Sec.
                                                                             10.103.
                                                                            Fails a chemical test for dangerous
                                                                             drugs. There are differences
                                                                             between the definitions for 10, 12,
                                                                             and 16. The definition used in part
                                                                             16 had the most clear and inclusive
                                                                             wording, so it would be retained.
                                                                            Great Lakes: This definition is
                                                                             contained in the current regulation
                                                                             text for part 10 (now 11), but not
                                                                             in part 12. Since we previously
                                                                             maintained two different standards
                                                                             for Great Lakes, a sentence would
                                                                             be added to the definition
                                                                             currently in part 10 to clarify a
                                                                             distinction for rating
                                                                             endorsements.
                                                                            Invalid credential: Definition added
                                                                             for clarity to encompass all
                                                                             reasons a credential could be
                                                                             invalid.
                                                                            Merchant Mariner Credential (MMC): A
                                                                             definition for the new credential
                                                                             created by this rule would be added
                                                                             for clarity.
                                                                            MMC Application: A definition would
                                                                             be added for clarity, so that it is
                                                                             understood that an application for
                                                                             an MMC includes the application for
                                                                             any endorsements sought and vice
                                                                             versa.
                                                                            Officer Endorsement, Rating
                                                                             Endorsement, Staff officer, STCW
                                                                             Endorsement: This rule proposes
                                                                             these new endorsements on the MMC.
                                                                             A definition is proposed for
                                                                             clarity, and in Sec.   10.109, the
                                                                             particular endorsements or job
                                                                             functions encompassed by those
                                                                             terms are set out.
                                                                            Officer in Charge, Marine
                                                                             Inspection, or OCMI was amended to
                                                                             add ``or any person designated as
                                                                             such by the Commandant'' to allow
                                                                             for potential CG reorganization of
                                                                             National Maritime Center.
                                                                            Criminal Record Check: The Coast
                                                                             Guard currently performs a safety
                                                                             and security check before issuing
                                                                             documents. After DHS' TWIC rule and
                                                                             this rule, TSA would be conducting
                                                                             the security check portion of the
                                                                             review and the Coast Guard would be
                                                                             reviewing a mariner's background,
                                                                             including the applicant's criminal
                                                                             record, to determine whether he or
                                                                             she is a safety risk and otherwise
                                                                             qualified to hold the MMC and any
                                                                             particular endorsements sought. A
                                                                             definition for this term would
                                                                             provide further clarity.

[[Page 29472]]

 
                                                                            Transportation Worker Identification
                                                                             Credential (TWIC): This is a new
                                                                             credential required by statute and
                                                                             implemented by a proposed
                                                                             regulation published simultaneously
                                                                             with this rule entitled
                                                                             ``Transportation Worker
                                                                             Identification Credential (TWIC)
                                                                             Implementation in the Maritime
                                                                             Sector; Hazardous Materials
                                                                             Endorsement for a Commercial
                                                                             Driver's License''. A definition is
                                                                             provided here for clarity.
Sec.   10.109 Classification of      NEW..................................  This section was created for
 Endorsements.                                                               clarity. Since the new MMC system
                                                                             would involve endorsements for all
                                                                             of the classifications previously
                                                                             contained on separate documents,
                                                                             this list provides an easy method
                                                                             of determining under what
                                                                             classification a particular
                                                                             endorsement falls.
Sec.   10.201 General                Advises that qualifications will now   Because the requirement to hold a
 Characteristics of the Merchant      appear as endorsements on an MMC and   TWIC would require mariners to
 Mariner Credential.                  that the mariner's TWIC will serve     potentially carry up to five
                                      as their primary identification        credentials, in the interest of
                                      document..                             reducing the burden on the mariner
                                     Advises that the Coast Guard will no    and the Coast Guard, we propose in
                                      longer issue MMDs, Licenses, STCW      this NPRM to combine the
                                      Endorsements, or Certificates of       credentials. TSA will verify the
                                      Registry..                             applicant's identity and conduct
                                                                             all security vetting. The TWIC
                                                                             would therefore serve as the
                                                                             mariner's identification document.
                                                                             The remaining elements of the
                                                                             License, MMD, COR, and STCW
                                                                             Endorsement would be combined on
                                                                             one document: the MMC. The MMC
                                                                             would look much like the current
                                                                             STCW Endorsement, and would contain
                                                                             endorsements setting forth those
                                                                             positions for which the mariner is
                                                                             qualified.
                                                                            After the rule becomes effective,
                                                                             MMDs, Licenses, STCW Endorsements,
                                                                             and CORs will no longer be issued,
                                                                             and instead, the Coast Guard will
                                                                             issue MMCs with endorsements. 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
                                                                             their qualifications in the form of
                                                                             endorsements.
Sec.   10.203 Requirement to Hold a  Retains the obligation that all        In DHS' TWIC rule implementing the
 TWIC and a Merchant Mariner          merchant mariners must hold a TWIC     requirements of 46 U.S.C. 70105,
 Credential.                          (this requirement would be imposed     any individual issued a License,
                                      in the proposed rule published by      Certificate of Registry, or MMD
                                      DHS simultaneously with this rule      under part E of subtitle II of
                                      entitled ``Transportation Worker       title 46 U.S.C. must hold a TWIC.
                                      Identification Credential (TWIC)       This proposed regulation would
                                      Implementation in the Maritime         retain that requirement which would
                                      Sector; Hazardous Materials            be created by the DHS TWIC rule.
                                      Endorsement for a Commercial           The requirement to hold a TWIC is
                                      Driver's License'').                   not new with this rule.
                                     Creates the five-year phase-in period  This section proposed the obligation
                                      for the MMC by requiring the MMC but   for mariners to hold an MMC, but
                                      allowing mariners to serve under       allows for a grace period. Over a
                                      their License, MMD, COR and/or STCW    five-year period, mariners will be
                                      Endorsement for five years after the   required to get an MMC. Mariners
                                      effective date of the final rule, or   will be issued the new MMC at the
                                      until it expires..                     time that they choose to renew
                                     Requires the MMC to be produced to      their current credentials. This
                                      verify qualifications and the TWIC     means that during the first five-
                                      to be produced to verify identity      year period after this proposed
                                      when required by an authorized         rule becomes effective, when a
                                      official..                             mariner's License, MMD, COR, or
                                                                             STCW Endorsement expires, when they
                                                                             renew they would receive an MMC
                                                                             instead of another License, MMD,
                                                                             COR or STCW Endorsement. Mariners
                                                                             are also, of course, welcome (and
                                                                             encouraged) to come to the REC and
                                                                             apply for their MMC at any time
                                                                             before their previous credential
                                                                             expires. This allows mariners to
                                                                             come in over a longer period of
                                                                             time and would not create an
                                                                             additional burden by requiring
                                                                             mariners to obtain the new MMC
                                                                             during the validity of their
                                                                             current credential. Since all
                                                                             currently issued credentials are
                                                                             valid for five-year periods, all
                                                                             mariners should have had to renew
                                                                             their credentials by the close of
                                                                             the five-year grace period.
                                                                            As the MMC would be the
                                                                             qualifications credential and the
                                                                             TWIC would be the identity
                                                                             credential, these credentials would
                                                                             have to be produced when requested
                                                                             by an authorized official to verify
                                                                             the mariner's identity or
                                                                             qualifications. This could occur,
                                                                             for example, when the mariner seeks
                                                                             unescorted access to the secure
                                                                             areas of a MTSA-regulated vessel or
                                                                             facility or when the vessel is
                                                                             inspected by Coast Guard or other
                                                                             law enforcement personnel.

[[Page 29473]]

 
Sec.   10.205 Validity of a          Added:...............................  (b) Since the proposed MMC would be
 Merchant Mariner Credential.        (b) All endorsements are valid until    a single credential with multiple
                                      the expiration date of the MMC on      endorsements, creating an MMC that
                                      which they appear..                    would expire on one date, listing
                                     (f) An STCW Endorsement is valid only   endorsements that could expire on
                                      when the related officer or rating     multiple dates could be confusing
                                      endorsement is valid..                 to the mariner, Coast Guard
                                     (h) If a mariner holds more than one    inspection personnel, employers,
                                      credential, and they choose to renew   and/or domestic or foreign port
                                      and receive their first MMC, the       officials. This rule proposes that
                                      Coast Guard may also renew all other   any endorsement on the MMC is valid
                                      credentials for which the mariner is   for the period of the MMC on which
                                      qualified..                            it is written. This retains the
                                                                             five-year validity period
                                                                             established by statute in 46 CFR
                                                                             part E. Any underlying certificates
                                                                             or other qualifications would still
                                                                             have to be obtained and kept valid,
                                                                             but their expiration dates would
                                                                             not be reflected on the MMC (i.e.
                                                                             Radar Certificates).
                                                                            (f) If an officer or rating
                                                                             endorsement is suspended or
                                                                             revoked, the related STCW
                                                                             endorsement is no longer valid. The
                                                                             current statute authorizes only
                                                                             suspension and revocation of the
                                                                             credential on which the endorsement
                                                                             appears (currently the License or
                                                                             MMD), but does not clearly
                                                                             authorize suspension and revocation
                                                                             of the STCW Endorsement. This
                                                                             language is necessary to tie the
                                                                             STCW endorsement to the related
                                                                             endorsement that we have the
                                                                             authority to suspend or revoke
                                                                             (this tie exists in the current
                                                                             regulations).
                                                                            (h) The Coast Guard has long
                                                                             encouraged merchant mariners to
                                                                             synchronize their credential
                                                                             expiration dates foreseeing a
                                                                             consolidation such as the one
                                                                             proposed by this proposed rule. Of
                                                                             the total current merchant mariner
                                                                             population, 13,843 (34%) mariners
                                                                             hold more than one credential whose
                                                                             expiration dates do not match. The
                                                                             Coast Guard proposes to issue
                                                                             credentials with one expiration
                                                                             date for all endorsements to avoid
                                                                             the confusion of several different
                                                                             expiration dates appearing on the
                                                                             face of the credential. 46 U.S.C.
                                                                             7106, 7107 and 7302 provide that
                                                                             Licenses, CORs and MMDs are valid
                                                                             for five years and may be renewed
                                                                             for additional five-year periods.
                                                                             Like the License, COR and MMD, the
                                                                             MMC, would be valid for five years
                                                                             and would be renewed for additional
                                                                             five-year periods. The endorsements
                                                                             thereon, however, could potentially
                                                                             be valid for less than five-year
                                                                             periods unless the mariner
                                                                             voluntarily aligns their expiration
                                                                             at the initial issuance of their
                                                                             MMC.
Sec.   10.207 Identification Number  Added: ``However, a unique serial      This would be added for clarity to
                                      number, and not the social security    make it as clear as possible that
                                      number will appear on the              although an individual's social
                                      credential''.                          security number will be used as the
                                                                             individual's MMC identification
                                                                             number, the Coast Guard is aware of
                                                                             the individual's privacy interest
                                                                             in that information and will not
                                                                             place the social security number on
                                                                             the credential. The mariner's
                                                                             social security number has been
                                                                             used as an identification number
                                                                             throughout the history of the
                                                                             mariner-credentialing process.

[[Page 29474]]

 
Sec.   10.209 Application            (a) All general requirements for MMC   (a) For purposes of organization,
 Procedures.                          applications are contained in this     all application requirements that
                                      section. Any additional requirements   apply in the pre-existing
                                      above and beyond those set out in      regulations to MMDs, Licenses,
                                      this section for duplicates,           CORs, STCW Endorsements, renewals,
                                      renewals, or raises in grade are       duplicates and raises in grade
                                      contained elsewhere in this part.      would all be included in section
                                     (b) Coast Guard is given the option     10.209. The goal is to put as many
                                      to process incomplete applications,    of the requirements as possible in
                                      although policy will remain that       one place to make the process as
                                      only complete applications will be     simple and clear as possible. Those
                                      processed..                            additional requirements for
                                     (c) All of the application              duplicates, renewals, or raises in
                                      requirements were combined into one    grade would be contained in
                                      place..                                sections placed later in this part
                                     (2) The mariner must show proof of a    so that all application
                                      valid TWIC to show proof of            requirements (to the extent
                                      identity..                             possible) would all be contained
                                     (3) A complete application includes     within the same part.
                                      fingerprints, photograph, FBI number  (b) Currently, the regulations state
                                      and criminal record (if applicable),   that the Coast Guard is prohibited
                                      proofs of citizenship and proof of     from processing incomplete
                                      alien status (if applicable). This     applications, with no exception.
                                      information will be shared with the    The proposed rule says that the
                                      Coast Guard by TSA. The information    Coast Guard ``may'' refuse to
                                      will be submitted by the applicant     process incomplete applications.
                                      to TSA in the TWIC enrollment          While it will remain Coast Guard
                                      process..                              policy to refuse to process
                                     (4) References were made to the         incomplete applications, to allow
                                      specific requirements that must be     for better customer service the
                                      met for the particular endorsement     proposed regulations were edited to
                                      sought..                               allow for some leniency with
                                     (10) The current language from Sec.     extenuating circumstances.
                                      Sec.   10.205(e)(1) and 12.02-9(c)    (c) Whereas all of the application
                                      differed with respect to this pre-     requirements for Licenses and MMDs
                                      existing requirement. The chosen       are currently spread throughout
                                      language reads: ``* * * name,          parts 10 and 12, this regulation
                                      tonnage, and horsepower of the         proposes to list them in a manner
                                      vessels, dates of service, capacity    that is as clear and succinct as
                                      in which the applicant served, and     possible. All requirements in this
                                      on what waters.''.                     paragraph exist prior to the
                                     (d) A list of items that may be         promulgation of this rule and have
                                      submitted by mail has been retained    been merely moved from preexisting
                                      even though a mariner could now        text unless stated below:
                                      potentially conduct the entire        (2) The requirement that a mariner
                                      application process by mail..          hold a valid TWIC is proposed in
                                                                             the DHS rulemaking entitled
                                                                             ``Transportation Worker
                                                                             Identification Credential (TWIC)
                                                                             Implementation in the Maritime
                                                                             Sector; Hazardous Materials
                                                                             Endorsement for a Commercial
                                                                             Driver's License'' which is
                                                                             published simultaneously with this
                                                                             proposed rule. This rule proposes
                                                                             to accept a valid TWIC as proof of
                                                                             identification in lieu of the
                                                                             identification requirements
                                                                             currently existing in Sec.   Sec.
                                                                             12.02-12 and 10.105.
                                                                            (3) Currently, all applicants must
                                                                             appear at an REC to be
                                                                             fingerprinted and show proof of
                                                                             identity and citizenship to an REC
                                                                             employee. This proposed regulation
                                                                             would remove the appearance
                                                                             requirement since the applicant's
                                                                             photograph, fingerprints and proof
                                                                             of citizenship/alien status will be
                                                                             provided to the Coast Guard by the
                                                                             Transportation Security
                                                                             Administration (TSA). We propose
                                                                             removing the appearance requirement
                                                                             to relieve a burden on the mariner,
                                                                             and prevent against unnecessary
                                                                             duplication in submission efforts.
                                                                             TSA would conduct a full security-
                                                                             and-background screening of the
                                                                             applicant before issuing the TWIC
                                                                             and has agreed to share with USCG
                                                                             the necessary information to
                                                                             conduct our background check for
                                                                             safety-related offenses and ensure
                                                                             that the mariner satisfies the
                                                                             appropriate citizenship
                                                                             requirements for the particular
                                                                             endorsement sought. Since all
                                                                             mariners would be required to
                                                                             appear at a TSA TWIC enrollment
                                                                             center to provide proof of identity
                                                                             and citizenship, and be
                                                                             photographed and fingerprinted,
                                                                             there should be no need for them to
                                                                             appear at a Coast Guard REC to
                                                                             submit this information again. To
                                                                             aid TSA in flagging those
                                                                             individuals whose information would
                                                                             need to be shared with the Coast
                                                                             Guard, it is envisioned that the
                                                                             mariner would advise TSA of their
                                                                             intent to apply for an MMC by
                                                                             checking a box that would appear on
                                                                             their TWIC application form.
                                                                            (4) Because each officer, rating, or
                                                                             STCW Endorsement may require
                                                                             different training or
                                                                             qualifications than the others,
                                                                             combining all of the individual
                                                                             requirements in part 10 would be
                                                                             too complex and confusing.
                                                                             Applicants must also satisfy the
                                                                             requirements for the particular
                                                                             endorsement that they seek.

[[Page 29475]]

 
                                                                            (10) The phrase ``amount and
                                                                             character of their experience''
                                                                             used in Sec.   10.205(e)(1) would
                                                                             be clarified in the new language to
                                                                             conform with the language used in
                                                                             Sec.   12.02-9(c) to specify that
                                                                             the applicant should submit their
                                                                             dates of service, capacity in which
                                                                             the applicant served, and on what
                                                                             waters. This is meant as more of a
                                                                             clarification, than a substantive
                                                                             change.
                                                                            (d) Although a mariner could now
                                                                             potentially conduct the entire
                                                                             application process through the
                                                                             mail, this list of items was
                                                                             retained for clarity. The
                                                                             information listed here regarding
                                                                             what documents may be submitted by
                                                                             mail was taken from existing text
                                                                             regarding renewals. Its inclusion
                                                                             in the original application section
                                                                             as well as the renewal section was
                                                                             done to add uniformity and clarity.
Sec.   10.211......................  (b) TSA will share with the Coast      (b) This supports the change in Sec.
                                      Guard fingerprints submitted by the      10.209(d) for the same reasons
                                      applicant in the TWIC process.         discussed above.
                                     TABLE:...............................  TABLE: The crimes against national
                                     Taken directly from Table 10.201(h)     security would be removed in their
                                      and 12.02-4(c) except that crimes      entirety because TSA will screen
                                      against national security have been    against these crimes when
                                      removed entirely..                     determining eligibility for the
                                                                             TWIC. If an applicant has any of
                                                                             these crimes listed on their record
                                                                             they would be denied a TWIC and a
                                                                             valid TWIC would be a requirement
                                                                             for an MMC. The Coast Guard would
                                                                             not duplicate this review.
Sec.   10.213 National Driver        Removed information regarding how to   In the current regulations, Sec.
 Register.                            request an NDR file check for          Sec.   10.201(i)(3)(i) and (ii) and
                                      personal use.                          12.02-4(d)(4) advise that an
                                                                             applicant can request an NDR file
                                                                             check for personal use and how they
                                                                             can do so. Although an applicant
                                                                             would still be permitted to request
                                                                             an NDR file check, because the NDR
                                                                             and the Coast Guard are no longer
                                                                             part of the same department (DOT)
                                                                             as we were when these regulations
                                                                             were originally drafted, and the
                                                                             NDR may change their procedures at
                                                                             any time, regulations containing
                                                                             such definite terms such as the
                                                                             working hours of the NDR are
                                                                             inappropriate for Coast Guard
                                                                             regulations.

[[Page 29476]]

 
Sec.   10.215 Medical and Physical   The medical requirements for all       (a) Those who may perform exams
 Requirements.                        endorsements were combined into one    differ for officers and ratings in
                                      section, and a reference table was     the Coast Guard's current
                                      added for clarity.                     regulations. Section 12.15-5(a) now
                                     (a) Came from Sec.   Sec.   12.02-      says that QMEDs can have their
                                      27(d), 10.205(d)(1) and 10.202(a).     eyes, hearing, and physical
                                      Any required exam must have been       condition checked by a medical
                                      performed by a licensed medical        officer of the United States Public
                                      doctor (including a Doctor of          Health service or any other
                                      Osteopathy), or licensed physician     reputable physician. The same is
                                      assistant. Physicals for Great Lakes   said for able seaman for their
                                      Pilots must be conducted by a          physical requirements in Sec.
                                      licensed medical doctor in             12.05-5(a). But all mariners
                                      accordance with 46 CFR 402. Added      seeking MMDs have to have their
                                      licensed nurse practitioners to the    medical fitness evaluated by a
                                      list of individuals who may perform    ``qualified medical practitioner''.
                                      exams..                                Similarly all applicants for
                                     (i) Came from Sec.   Sec.               Licenses are required to have a
                                      10.709(b), 10.7107(d)(3) and           physical exam conducted by a
                                      10.402.210..                           ``licensed physician or licensed
                                     (ii) Came from 46 CFR 402.210........   physician assistant'' in Sec.
                                     (b)(1) Came from Sec.   10.205(d)(2).   10.205(d). Due to the contradictory
                                     The statement regarding the loss of     terms used, and that it is common
                                      vision in one eye was derived from     practice for individuals to seek
                                      Sec.  Sec.   10.205(d)(4),             these services from licensed
                                      10.209(d)(3) and 10.207(e)(3). The 6   medical doctors (including Doctors
                                      month limitation was derived from a    of Osteopathy), licensed physician
                                      medical directive. The waiver for      assistants, and licensed nurse
                                      compensation of abilities is also      practitioners, this language was
                                      required by STCW B-I/9.7..             chosen.
                                     (2) Came from Sec.   10.205(d)(3)....  We propose to add licensed nurse
                                     (3) Came from Sec.   10.202(f).......   practitioners to the list of
                                     (c) Came from Sec.  Sec.   10-209(d),   individuals allowed to conduct
                                      12.05-5, 12-02-27(d) and 12.15-5 and   exams because RECs have been
                                      new language was inserted setting      accepting exams conducted by these
                                      particular hearing thresholds to       individuals as a matter of policy.
                                      meet..                                The criterion for assessing medical
                                     (d) Came from Sec.   Sec.               and physical competence are
                                      10.205(d)(1), 10.202(d), 10.207(e),    published by the Coast Guard in a
                                      10.209Id)(1) and (2), 12.02-27(d),     Navigation and Vessel Inspection
                                      12.05-5, and 12.15-5. The food         Circular available on the Coast
                                      handler requirement came from Sec.     Guard Homeport Internet website.
                                      12.25-20..                            (c) Hearing exams are already
                                     (e) Came from Sec.   Sec.               required in the current
                                      15.1107(a), 12.05-5, and 12.02-        regulations, but no particular
                                      17(e)..                                standards are provided. Since
                                     (f) Came from Sec.   Sec.   10.202(a)   specific standards are provided for
                                      and 12.02-27(d)..                      visual acuity and color sense, and
                                     (g) Came from Sec.   Sec.               specific standards for hearing are
                                      10.205(d)(4), 10.207(e)(3), 12.05-     contained in a Coast Guard policy
                                      5(3) and 12.15-5(3)..                  document, it was determined that
                                     Changes within Table and                these particular hearing
                                      corresponding paragraphs (b) through   requirements should be codified so
                                      (g):.                                  that clear standards would be set.
                                     *The table was added, but contains no  TABLE:
                                      new substantive requirements than     *The elements contained in the table
                                      those that exist elsewhere in the      all exist within the regulatory
                                      section..                              text. The table would be added to
                                     *The table differentiates between       provide the public with a simple,
                                      vision test, hearing test, general     quick reference to determine those
                                      medical exam and physical exam..       elements that apply to each
                                     *Staff officers are required to         particular endorsement sought.
                                      obtain a physical exam..              *Although both medical exams
                                                                             (currently referred to as medical
                                                                             fitness) and demonstrations of
                                                                             physical ability are both
                                                                             technically required under the
                                                                             current regulations, this is not
                                                                             clearly expressed. The
                                                                             demonstration of physical ability
                                                                             requirement is contained in the
                                                                             STCW Code which is incorporated by
                                                                             reference instead of restated in
                                                                             the regulations. In the interest of
                                                                             clarity the Coast Guard proposes to
                                                                             add a chart and the specific
                                                                             language of the STCW requirement
                                                                             for physical ability.
                                                                            *The proposed requirement for staff
                                                                             officers to receive a physical exam
                                                                             is based upon the incorporation by
                                                                             reference of STCW for Sec.
                                                                             10.205. The Sec.   10.205(d)
                                                                             exception for staff officers in the
                                                                             current regulations refers to the
                                                                             general medical, vision, and
                                                                             hearing exams. The current Sec.
                                                                             12.02-17 makes this requirement
                                                                             applicable for staff officers
                                                                             (staff officers must hold an MMD).
Sec.   10.217 MMC Application and    (b) Created the ability for the Coast  In the interest of providing better
 Examination Locations.               Guard to designate other facilities,   customer service, the Coast Guard
                                      in addition to RECs, to provide MMC    has been investigating the
                                      services to applicants.                feasibility of offering additional
                                                                             locations for credentialing
                                                                             services. Some of the options
                                                                             considered have been establishing
                                                                             collection/issuance services at
                                                                             other Coast Guard facilities, or
                                                                             purchasing mobile live scan and any
                                                                             other technology necessary to allow
                                                                             for Coast Guard representatives to
                                                                             visit more remote locations or
                                                                             otherwise travel. This concept is
                                                                             expected to grow with the reduced
                                                                             reliance on RECs through the
                                                                             removal of the appearance
                                                                             requirement proposed by this rule.
                                                                             This concept is, however, still in
                                                                             development and only the legal
                                                                             authority is created here in this
                                                                             regulation. At this time, only the
                                                                             RECs will offer credentialing
                                                                             services.

[[Page 29477]]

 
Sec.   10.219 Fees.................  Minor edits made to table............  Minor edits are proposed for the
                                     (e)(2) One examination fee will be      tables in Sec.  Sec.   12.08-18 and
                                      charged for each exam or series of     10.109. The fee structure was
                                      exams for an original, raise in        essentially retained, with the only
                                      grade, or renewal of an endorsement    changes being the renaming of the
                                      on an MMC taken within one year from   various endorsements that may be
                                      the date of the application            obtained vice references to MMD,
                                      approval. An examination fee will      License, COR, or STCW Endorsement.
                                      also be charged to process an open     The overall user fees would remain
                                      book exercise used to renew an MMC..   the same except for the reduction
                                     (e)(3) Only one issuance fee will be    in issuance fees that would occur
                                      charged for each MMC application..     since under the current
                                     (g) A $5,000 civil penalty will be      regulations, a $45 issuance fee is
                                      imposed against anyone who fails to    charged for each of the three
                                      pay a fee or charge established        credentials issued (no fee is
                                      under this subpart..                   charged for the STCW Endorsement),
                                                                             and the proposed regulations will
                                                                             only charge the $45 issuance fee
                                                                             once as there is only one
                                                                             credential that would be issued.
                                                                            (e)(2) These two sentences were
                                                                             added for clarification. Currently
                                                                             there is an inconsistency in how
                                                                             the RECs charge examination fees.
                                                                             This clarification is intended to
                                                                             create uniformity, and uses the
                                                                             interpretation that has always been
                                                                             applied by the National Maritime
                                                                             Center. One fee covers a series of
                                                                             exams.
                                                                            (e)(3) Now that there would only be
                                                                             one credential issued instead of 4
                                                                             ((1) the MMD; (2) the License; (3)
                                                                             the COR; and (4) the STCW
                                                                             Certificate), there would no longer
                                                                             need to be an issuance fee for
                                                                             multiple credentials. The issuance
                                                                             fee would only be charged each time
                                                                             that a new MMC is issued. That
                                                                             means that it would be charged upon
                                                                             the issuance of the original MMC,
                                                                             whenever a new MMC must be issued
                                                                             with new endorsements, and any
                                                                             other time that a new MMC must be
                                                                             printed unless an exemption appears
                                                                             elsewhere in the regulations.
                                                                            (g) This $5,000 civil penalty
                                                                             already exists for officers under
                                                                             the current Sec.   10.111, however,
                                                                             there is no corresponding penalty
                                                                             for ratings in the fee structure
                                                                             under part 12. Since the statute
                                                                             setting forth the penalty in 46
                                                                             U.S.C. 2110(e) does not limit the
                                                                             penalty to officers, and now that
                                                                             ratings and officers would be all
                                                                             covered on the same credential, for
                                                                             uniformity of application, and to
                                                                             underscore the importance of paying
                                                                             the fee for the credential the
                                                                             civil penalty would now apply to
                                                                             all mariners.
Sec.   10.221 Applications           With the exception of OUPVs, only      The Coast Guard will no longer be in
 submitted by aliens.                 U.S. citizens may receive officer      the business of collecting proofs
                                      endorsements, and only legal           of nationality and alien status.
                                      resident aliens may receive MMCs.      All of this information will be
                                                                             collected by TSA and shared
                                                                             electronically with the Coast
                                                                             Guard. By statute (46 U.S.C. 7102)
                                                                             only U.S. citizens may qualify for
                                                                             officer endorsements (Licenses or
                                                                             Certificates of Registry). The
                                                                             requirement that aliens must have
                                                                             legal resident status is also not a
                                                                             new change to the regulations. The
                                                                             citizenship exemption for OUPVs, as
                                                                             well, is a carry over from the
                                                                             current regulations.
Sec.   10.223 Modification or        Taken from Sec.   10.215, expanded     Substance transferred from the
 Removal of Limitations.              from limitations on licenses to all    current Sec.   10.215. References
                                      endorsements.                          to limitations on a license were
                                                                             expanded to ``endorsements'' to
                                                                             include officer endorsements as
                                                                             well as STCW Endorsements.

[[Page 29478]]

 
Sec.   10.225 Issuance of Merchant   (b) The oath requirements for          (b) The elements of the oath
 Mariner Credentials.                 officers and ratings would be          requirements currently set out in
                                      combined and they could be taken       parts 10 and 12 would be combined
                                      before a notary public, rather than    to create a single oath to be taken
                                      in front of an REC employee.           by all mariners. This combined oath
                                     (d) An exception for lost or stolen     meets the requirements of 46 U.S.C.
                                      credentials was added to the           7105 and 46 U.S.C. 7305. The oath
                                      requirement to return the previously   may now be taken before a notary
                                      issued credential when a new one is    public, not by an REC employee. The
                                      issued.                                applicant would be able to be sworn
                                                                             in by any notary public and have
                                                                             his or her written, verified oath
                                                                             mailed to the REC. This change
                                                                             would meet the requirements stated
                                                                             in the U.S.C., as well as create
                                                                             conformity in the RECs. Prior to
                                                                             this rulemaking, some RECs required
                                                                             applicants to take the oath at RECs
                                                                             and others allowed the oath to be
                                                                             taken before a notary public. In
                                                                             addition, removal of the appearance
                                                                             requirement for the oath removes
                                                                             the need for an applicant to make
                                                                             another appearance at the RECs to
                                                                             receive their MMC after their
                                                                             application is approved.
                                                                            As long as the mariner's identity
                                                                             and citizenship can be established
                                                                             from either information submitted
                                                                             by TSA or information submitted by
                                                                             the applicant by a visit to the REC
                                                                             at the time of application, an
                                                                             additional visit to an REC at the
                                                                             time of MMC issuance is
                                                                             unnecessary. The MMC is a
                                                                             qualification document; it would
                                                                             not serve as an identification
                                                                             credential. TSA will fully vet TWIC
                                                                             applicants to verify identity and
                                                                             national security risk. An MMC
                                                                             would not be valid without a valid
                                                                             TWIC. The mariner's fingerprints,
                                                                             photograph, and citizenship/alien
                                                                             documents would be provided to the
                                                                             Coast Guard by TSA. Under the
                                                                             current regulations, as long as an
                                                                             individual has already taken the
                                                                             oath, they are not required to
                                                                             return to an REC to receive their
                                                                             credential. Credentials for
                                                                             renewals, raises in grade, and
                                                                             duplicates are currently issued to
                                                                             the mariner through the mail.
                                                                            (d) Change made for clarity and to
                                                                             remove impossible requirement.

[[Page 29479]]

 
Sec.   10.227 Requirements for       (a) Applicants for renewal must meet   (a) Because Sec.   10.209 includes
 Renewal.                             the requirements of this section in    application requirements for
                                      addition to the requirements in Sec.   renewal, duplicate, and raises in
                                        10.209.                              grade as well as originals, those
                                     (c) Approved applications are valid     requirements contained in 10.209
                                      for 12 months from the date of         need not be restated here.
                                      approval..                            (c) Added for clarity. The current
                                     (h) The reference to Sec.   10.202      regulations state that approved
                                      and (l)(m)(n)and (o) of Sec.           applications are valid for 12
                                      10.205 was removed and replaced with   months, but does not state when
                                      a reference to Sec.   11.202..         that 12 month period begins.
                                     (i) Mariners seeking to renew their    (h) The reference to Sec.   11.202
                                      credentials for continuity purposes    was made to update the citation to
                                      only will now receive a Certificate    reflect the change to part 11 and
                                      of Continuity in lieu of a notation    the consolidation of the STCW
                                      for inactive renewal..                 portions of the pre-existing Sec.
                                                                             Sec.   10.202 and 10.205 into Sec.
                                                                              11.202. Only the reference would
                                                                             be changed, the actual requirement
                                                                             would remain the same.
                                                                            (i) It is recognized that some
                                                                             mariners maintain their credentials
                                                                             and/or qualifications for
                                                                             continuity purposes only. This was
                                                                             permitted under the previous
                                                                             regulatory scheme for both Licenses
                                                                             and MMDs under 46 CFR 10.209(g) and
                                                                             12.02-27(g) respectively. The new
                                                                             requirement in 46 U.S.C. 70105
                                                                             states that all mariners issued a
                                                                             License, Certificate of Registry,
                                                                             or Merchant Mariner's Document
                                                                             under 46 U.S.C. Subitle II part E
                                                                             must be issued a valid TWIC if they
                                                                             pass the mandatory security
                                                                             screening.
                                                                            This regulation proposes to retain
                                                                             the existing option for mariners to
                                                                             renew for continuity purposes only.
                                                                             As proposed in this regulation,
                                                                             mariners who renew their
                                                                             credentials for continuity only
                                                                             would obtain a certificate of
                                                                             continuity. A certificate of
                                                                             continuity would serve as a receipt
                                                                             acknowledging that the mariner has
                                                                             performed some of the application
                                                                             requirements, and would not allow
                                                                             the holder to serve in a
                                                                             credentialed capacity. This
                                                                             certificate is not a License,
                                                                             Certificate of Registry, or
                                                                             Merchant Mariner' Document for
                                                                             purposes of part E of subtitle II
                                                                             of 46 USC, and would not grant its
                                                                             holder the right to serve as a
                                                                             mariner holding one of those
                                                                             credentials. As such, mariners who
                                                                             maintain their qualifications
                                                                             solely for purposes of continuity,
                                                                             will not be subject to 46 U.S.C.
                                                                             70105, and not be required to
                                                                             obtain a TWIC.
                                                                            Mariners holding a certificate of
                                                                             continuity who wish to renew their
                                                                             credentials must obtain a valid
                                                                             TWIC in addition to satisfying the
                                                                             basic renewal requirements
                                                                             applicable to all mariners.

[[Page 29480]]

 
Sec.   10.229 Issuance of Duplicate  (a) Proposes to add a requirement      (a) Since the proposed DHS TWIC rule
 Merchant Mariner Credentials.        that the Coast Guard confirm that      and 46 U.S.C. Sec.   70105 require
                                      the mariner holds a valid TWIC         that all credentialed mariners must
                                      before issuing a duplicate             hold a valid TWIC, the Coast Guard
                                      credential.                            proposes to make the validity of
                                     (b):.................................   the MMC dependent upon whether the
                                     Instead of setting forth specific       holder also holds a valid TWIC.
                                      language that must appear on a         With this new language, no MMC
                                      duplicate MMC, the regulation sets     would be valid without a valid
                                      out information about the replaced     TWIC. Therefore, the Coast Guard
                                      credential that must appear on the     would confirm that the applicant
                                      duplicate..                            holds a valid TWIC before issuing
                                     After the effective date of this        an MMC.
                                      rule, all duplicate credentials       (b):
                                      issued will be in the form of MMCs..  The current regulations state that
                                     It establishes how the RECs are to      the duplicate will state ``This
                                      determine expiration date if the       Merchant Mariner Document (or
                                      mariner seeks duplicates of more       License, etc.) replaces Merchant
                                      than one credential within the 5       Mariner Document Number--issued at--
                                      year transition period..               on the above date.'' Since the
                                     (f) Criminal record reviews are         Coast Guard would no longer be
                                      required for all applicants seeking    issuing MMDs or Licenses, specific
                                      duplicate credentials..                language that would appear on the
                                                                             credential is unnecessary so long
                                                                             as the credential references the
                                                                             serial number, type, place of
                                                                             issue, and date of issue of the
                                                                             replaced credential(s).
                                                                            On the effective date of this rule,
                                                                             mariners will be holding valid
                                                                             MMDs, Licenses, CORs, and STCW
                                                                             Endorsements for up to five years.
                                                                             The Coast Guard will phase in the
                                                                             new MMC over that five-year period.
                                                                             The Coast Guard will no longer be
                                                                             issuing those other credentials
                                                                             after the effective date of this
                                                                             rule, the duplicate credential
                                                                             issued will be in the form of an
                                                                             MMC.
                                                                            In the five years following the
                                                                             effective date of this rule,
                                                                             mariners will continue to hold
                                                                             their multiple credentials until
                                                                             their date of expiration. These
                                                                             credentials may not have matching
                                                                             expiration periods. If, before a
                                                                             mariner receives his or her first
                                                                             MMC, he or she requests a duplicate
                                                                             of more than one MMD, License, COR
                                                                             or STCW Certificate, unless the
                                                                             mariner renews all credentials, the
                                                                             duplicate MMC will reflect the
                                                                             earliest expiration date of the
                                                                             credentials combined on the MMC.
                                                                             This will prevent mariners from
                                                                             obtaining an extension of their
                                                                             expiration dates through the
                                                                             application for duplicates.
                                                                            (f) In the current regulations,
                                                                             criminal record reviews are
                                                                             required for duplicate Licenses,
                                                                             but not MMDs. A resolution of this
                                                                             difference in requirements is
                                                                             necessary to consolidate the
                                                                             credentials. We propose to conduct
                                                                             criminal record reviews prior to
                                                                             the issuance of any duplicate
                                                                             credential, to protect the
                                                                             integrity of the mariner
                                                                             credentialing process. It has been
                                                                             deemed important for the Coast
                                                                             Guard to be able to re-review the
                                                                             criminal record of individuals who
                                                                             seek duplicate credentials to
                                                                             identify those who may be seeking
                                                                             additional credentials for an
                                                                             improper use.
Sec.   10.231 Requirements for       (c)(2) Included ``or other Coast       This is to allow for the Coast Guard
 raises of grade for officer          Guard-designated facility'' to the     to enroll mariners at locations
 endorsements.                        requirement that the application be    other than RECs should this
                                      submitted to the REC.                  alternate option be exercised by
                                     This section contains only those        the Coast Guard in the future.
                                      application requirements that are     The requirements that would be
                                      required in addition to those in       removed from this section are still
                                      Sec.   10.209 for raises of grade..    required for all applicants,
                                                                             including raises in grade. The way
                                                                             that this part has been written,
                                                                             however, sets forth the application
                                                                             requirements for all applicants
                                                                             (original, renewal, duplicate, and
                                                                             raise in grade) in Sec.   10.209
                                                                             and this section contains only
                                                                             those ADDITIONAL requirements for
                                                                             raises in grade. Applicants for
                                                                             raises in grade must also satisfy
                                                                             the requirements of Sec.   10.209.
                                                                             To repeat these requirements here
                                                                             would have been duplicative.
Sec.   10.233 Obligations of the     (b) Lost credentials may be reported   (b) This change is proposed for the
 Holder of a Merchant Mariner         to any Coast Guard office, not         convenience of the mariner to allow
 Credential.                          necessarily to an Officer in Charge,   them to report the loss at a larger
                                      Marine Inspection (OCMI).              number of locations.
                                     (c) Invalid credentials must be        (c) To support suspension-and-
                                      returned to the Coast Guard upon       revocation actions, when a
                                      request..                              credential is invalid the mariner
                                                                             must return it to the Coast Guard
                                                                             upon request.

[[Page 29481]]

 
Sec.   10.235 Suspension or          (b) The requirements in this           (b) This sentence was proposed to
 Revocation of Merchant Mariner       paragraph are essentially the same     account for the fact that a mariner
 Credentials.                         as the current regulatory text         could hold one document that
                                      except that the following was added:   contains both officer and rating
                                      ``When an officer endorsement is       endorsements, and a mariner could
                                      revoked, the Coast Guard will issue    have their officer endorsement
                                      an MMC containing any rating           revoked for reasons that would not
                                      endorsement for which the holder is    result in the revocation of a
                                      qualified.''                           rating endorsement. To protect
                                     (g) Added: ``If the Coast Guard is      against an inadvertent revocation
                                      advised by the Transportation          of all endorsements for acts that
                                      Security Administration that a         would otherwise only result in the
                                      mariner's TWIC has been revoked, the   revocation of an officer
                                      mariner's credential will              endorsement, a provision was
                                      immediately become invalid. If a       proposed that the Coast Guard will
                                      credential is invalidated in this      issue an MMC containing those
                                      manner, the Coast Guard will notify    rating endorsements for which the
                                      the applicant in writing of the        holder remains qualified.
                                      invalidation, the reason for the      (g) An MMC would be invalid unless
                                      invalidation, and their right of       the mariner also holds a valid
                                      appeal.''.                             TWIC. In its proposed TWIC rule,
                                                                             TSA establishes a TWIC appeals
                                                                             process. All appeals regarding the
                                                                             revocation of a TWIC would be
                                                                             handled by TSA under that appeals
                                                                             process. After the completion of
                                                                             their appeals process, TSA would
                                                                             notify the Coast Guard that a
                                                                             mariner's TWIC has been revoked. No
                                                                             action would be taken against a
                                                                             mariner's MMC by the Coast Guard
                                                                             until the TSA appeals process has
                                                                             been completed. Mariners would
                                                                             already have been through an
                                                                             appeals process for the reason the
                                                                             TWIC was revoked, so those issues
                                                                             would not be considered by the
                                                                             Coast Guard. The issuance of the
                                                                             TWIC is purely a TSA function. If
                                                                             there is some other basis on which
                                                                             the mariner seeks appeal of the
                                                                             resultant revocation of their MMC,
                                                                             they could exercise their right of
                                                                             appeal pursuant to subpart 1.03 of
                                                                             title 46.
----------------------------------------------------------------------------------------------------------------
              THE FOLLOWING WOULD OCCUR IN Sec.   12.03-1 TO END, Sec.   10.301 TO END, OR PART 15
----------------------------------------------------------------------------------------------------------------
Sec.  Sec.   10.464(g), 10.465(f),   (Section references do not reflect     These sections would be removed in
 10.476, 10.603(b), 10.805(b),        the movement of part 10 to part 11.)   their entirety because they have
 12.02-3(a), 12.02-5(a) and (b),      Deleted.                               been overcome by time or previous
 12.02-11, 12.05-7(c) and (d),                                               changes in regulation and either no
 15.610(b) and (c).                                                          longer need to be retained or
                                                                             contain references to documents no
                                                                             longer issued by the Coast Guard.
Sec.   12.05-3.....................  (a) (2) Added a reference to both      Change made to conform to the
                                      physical and medical examinations.     changes proposed in the new Sec.
                                                                             10.215.
----------------------------------------------------------------------------------------------------------------

IV. Regulatory Evaluation

A. Executive Order 12866 (Regulatory Planning and Review)

    Executive Order 12866, ``Regulatory Planning and Review'', 58 FR 
51735, October 4, 1993, requires a determination whether a regulatory 
action is ``significant'' and therefore subject to review by the Office 
of Management and Budget (OMB) and subject to the requirements of the 
Executive Order. This proposed rule is not significant under Executive 
Order 12866 and has not been reviewed by OMB.
    This proposed rule makes substantive changes to the requirements in 
46 CFR parts 10, 12, 13, 14, and 15 for the form on which the mariner's 
qualifications appear and the credential that would serve as the 
mariner's primary identification credential, and makes many non-
substantive nomenclature changes throughout Titles 33 and 46 of the 
Code of Federal Regulations. Title 46 lays out the standards for 
merchant mariners, including eligibility and training requirements to 
obtain credentials needed to serve in one of the many roles in the 
merchant marine; this rulemaking would not change these qualification 
requirements. This rulemaking would combine the elements of the 
Merchant Mariner's License (License), Merchant Mariner's Document 
(MMD), Standards of Training, Certification and Watchkeeping (STCW) 
Endorsement, and Certificate of Registry (COR) into one document, 
called the Merchant Mariner Credential (MMC). The MMC would serve as 
the mariner's qualification document. Simultaneous with this Notice of 
Proposed Rulemaking, a joint Notice of Proposed Rulemaking was 
published by the Coast Guard and the Transportation Security 
Administration entitled ``Transportation Worker Identification 
Credential (TWIC) Implementation in the Maritime Sector; Hazardous 
Materials Endorsement for a Commercial Driver's License'' (the ``TWIC 
rule''). The TWIC rule implements requirements required by the Maritime 
Transportation Security Act of 2002 (MTSA) and would require all 
merchant mariners holding an active License, MMD, COR or STCW 
Endorsement to hold a TWIC. The TWIC is a biometric identification 
card.
    With this consolidation, the TWIC would replace the MMD as the 
mariner's identity document, and the MMD, License, COR, and STCW 
Endorsement would consolidate into the MMC, which would serve as the 
mariner's qualification document. All current qualification and 
suitability requirements associated with Licenses, MMDs, STCW 
Endorsements, and CORs would remain the same with only minor 
exceptions.
    All four credentials (MMD, License, COR, and STCW Endorsement) are 
currently issued at one of 17 Regional Examination Centers (RECs). For 
first time applicants, the process of obtaining an MMD, License, COR, 
or STCW Endorsement requires at least two visits to an REC. During the 
first visit, an

[[Page 29482]]

applicant must be fingerprinted by and establish his or her identity 
and legal presence in the U.S. to an REC employee.
    At the successful completion of a safety-and-security review, 
verification of an applicant's identity, and verification that the 
applicant has satisfied all other requirements for the particular 
credential sought, an REC will issue the credential to the applicant. 
All first time applicants must then return to the REC a second time to 
receive their credential and take an oath to faithfully perform all 
duties required of them by law.
    Individuals renewing credentials do not need to restate the oath 
and may receive their renewed credentials by mail. However, applicants 
seeking to renew their credentials must travel to an REC once to be 
fingerprinted by, and show proof of identification to an REC employee.
    The proposed requirements to receive a TWIC are similar to the 
requirements to receive an MMD. In order for an applicant to receive a 
TWIC, the applicant would be required to travel to a designated TWIC 
enrollment center to submit fingerprints, proofs of identity, 
citizenship and alien status (if applicable). A background check would 
then be conducted to determine that the applicant is not a security 
risk. Once the applicant has been approved they must return to the 
TWIC-enrollment center to pick up the TWIC and prove their identity by 
a one to one match of their fingerprint against the electronic 
fingerprint stored on the card. If, during this process the applicant 
notifies the TWIC center of their intent to apply for an MMC. Then TSA 
will submit to the Coast Guard the applicant's fingerprints, 
photograph, proof of citizenship, proof of alien status (if 
applicable), and FBI number and criminal record (if applicable). This 
information will also be made available to the Coast Guard should the 
applicant decide to become a merchant mariner after the TWIC process 
has been completed.
    Since the applicant's information and identity will have been 
verified by TSA, this proposed rulemaking would no longer require the 
merchant mariner to travel to an REC to submit identity information. In 
addition to allowing the merchant mariner to mail in their application, 
they may also mail in their notarized oath, which would be a nominal 
cost to the applicant. This would remove the requirement for a second 
trip to the REC center to pick up their card and take the oath. This 
rulemaking proposes to create the possibility for a mariner to receive 
his or her MMC entirely through the mail. Written examinations would 
still occur at RECs, and the RECs would remain accessible to mariners 
should they choose to seek their services in person.
    The following sections discuss the baseline population of 
applicants that will be affected by this rulemaking and provides an 
assessment of the impacts to merchant mariners by this proposed 
rulemaking.
Baseline Population
    The Coast Guard data for the number of affected merchant mariners 
came from the National Maritime Center (NMC), which provides 
credentialing, training, and certification services to all merchant 
mariners. There are approximately 205,000 credentialed merchant 
mariners. In addition to the current population of merchant mariners 
there are a number of new applicants every year.
Assessment
    Under the current rule, applicants pay a $45 issuance fee for each 
credential that they apply for. Under the proposed rulemaking the 
applicants would only apply for an MMC and as a result would only be 
required to pay one $45 issuance fee regardless of the number of 
endorsements that they carry. This change represents not a reduction in 
any fee that a mariner must pay, but a reduction in the number of fees 
that the mariner must pay. Any mariner that would, under the current 
rules, solicit multiple mariner qualifying documents, would benefit 
from this change in the fee structure.
    If the merchant mariner has not synchronized the expiration dates 
of his or her current credentials then they may currently be traveling 
to an REC multiple times. The issuance of the MMC would require 
mariners to track and update only one document and would potentially 
eliminate the need to travel to an REC. This would provide greater 
flexibility to the mariner. Currently, approximately 13,843 mariners 
have more than one credential and have not aligned their expiration 
dates. These mariners would not only receive a benefit from reduced 
application fees but also from fewer, if any, trips to an REC.
    In order to reduce the burden of traveling and having to apply for 
a new MMC before the mariner's current credentials expire, this 
proposed rulemaking would allow mariners to apply for an MMC at the 
time that their current credentials expire, which would essentially 
phase in the MMC over a five-year period. Since all currently issued 
credentials are valid for five-year periods, all mariners would have to 
renew their credentials by the close of the five-year grace period. 
When a mariner applies to renew his or her MMD, License, COR, or STCW 
Endorsement, they would instead be issued an MMC, which would reflect 
all of their qualifications in the form of endorsements on the MMC. 
This would allow mariners to apply over a longer period of time and 
would not create an additional burden by requiring mariners to make an 
extra trip to the RECs. Mariners whose credentials do not expire 
simultaneously may choose to wait to renew the credentials that have 
yet to expire, but if the applicant later chooses to renew that 
credential, the expiration date of the MMC on which the endorsement 
would be added would not change unless the mariner also renews all 
other endorsements on the MMC.
    Currently, mariners may only renew their credentials within 12 
months of their expiration date. This proposed rulemaking would allow 
mariners to apply for renewal anytime before their current credentials 
expire, and up to one year after the expiration date. As a result, this 
rulemaking would provide greater flexibility to mariners by allowing 
them to apply for an MMC at the time they choose.
    In the Licensing rule, published on January 13, 2006 (71 FR 2154), 
it was estimated that approximately 60 percent of current mariners live 
within one-day roundtrip travel to an REC, 30 percent live within 
overnight roundtrip travel (one night and two days) to an REC, and 10 
percent live at a distance greater than overnight roundtrip travel 
(greater than one night and two days) to an REC. This was derived from 
national percentages for all mariners who have addresses on file with 
the NMC. In the TWIC rule, TSA and the Coast Guard foresee that there 
would be more TWIC centers than Coast Guard RECs. By allowing mariners 
to visit TWIC enrollment centers instead of RECs, this proposed rule 
would provide a potential benefit to mariners by reducing their current 
travel costs and time currently required to receive a credential.
    In the Licensing rule, the cost for mariners to travel to and from 
one of 17 RECs was estimated. The travel cost to mariners for a one-day 
roundtrip travel to and from an REC is $387. The estimated cost to 
mariners for overnight roundtrip travel is $911. Applicants who live 
distances greater than 200 miles and must travel for more than one 
night would incur the maximum cost of $1,185.
    The proposed TWIC rule will have the effect of transferring the 
cost of travel from an REC to the cost of travel to a

[[Page 29483]]

TWIC enrollment center, but that cost is associated with the TWIC rule, 
not with this rule. The overall cost for mariners associated with this 
rulemaking would decrease or remain the same and would serve to provide 
more flexibility to mariners since there would be more TWIC enrollment 
centers than RECs, so the distance required and the amount of time 
spent traveling would be reduced. Based on the percentages above, 60 
percent of the mariners that live within one-day roundtrip travel would 
potentially receive the economic benefits of having a TWIC enrollment 
center located closer to them than one of the current RECs. The 
remaining 30 percent of mariners that live within an overnight round-
trip travel and the 10 percent of mariners that live a distance greater 
than an overnight roundtrip travel have an increased likelihood of 
having a TWIC enrollment center located closer to them than one of the 
current RECs and would potentially receive an even greater benefit in 
travel cost savings from this proposed rule.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    We do not expect this proposed rule to have a significant impact on 
a large number of small entities. This rulemaking consolidates the 
number of credentials merchant mariners must carry and streamlines the 
application process in a way that would help prevent abuse, reduce cost 
and assist the Coast Guard in its effort to help secure U.S. marine 
infrastructure, commercial activities, and the free flow of trade.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule will not have a significant economic impact on a substantial 
number of U.S. small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rulemaking will have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think your 
business qualifies and how and to what degree this rulemaking would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the proposed rule so that they could better 
evaluate its effects on them and participate in the rulemaking. If this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the individuals 
listed in above in the section titled FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995, Title 44, United States Code (44 
U.S.C.) sections 3501-3520. This rulemaking would require modifying the 
burden in the collection currently approved by the Office of Management 
and Budget (OMB) under OMB Control Number 1625-0040.
    This proposed rulemaking changes certain requirements in Title 46, 
Code of Federal Regulations (46 CFR) parts 10, 12, 13, 14, and 15 for 
the form on which the mariner's qualifications appear and the 
credential that would serve as the mariner's primary identification 
credential.
    This proposed rulemaking would consolidate the following four 
credentials: The Merchant Mariner's Document (MMD), the Merchant 
Mariner's License (License), the Certificate of Registry (COR), and the 
Standards of Training, Certification and Watchkeeping (STCW) 
Endorsement, into a single document termed the Merchant Mariner 
Credential (MMC). This MMC would contain endorsements on it setting 
forth those positions for which the mariner is qualified as well as 
biographic information about the mariner.
    This rulemaking would also allow the merchant mariner to mail in 
their application as well as their notarized oath, and receive their 
MMC in the mail. Mariners would no longer be required to travel to an 
REC to apply for and receive any credentials. See the Assessment 
discussion in the ``Regulatory Evaluation'' section for more 
information about the potential impacts to merchant mariners from this 
rulemaking.
    This rulemaking would require an MMC application form, similar to 
the application forms for Licenses and STCWs. The Coast Guard is in the 
process of developing this form and will revise the collection prior to 
issuance.
    As defined in 5 CFR 1320.3(c), ``collection of information'' 
comprises reporting, recordkeeping, monitoring, posting, labeling, and 
similar actions. The title and description of the collection of 
information, a description of those who must collect the information, 
and an estimate of the proposed changes to annual burden follow.
    Title: Continuous Discharge Book, Merchant Mariner Application, 
Physical Examination Report, Sea Service Report, Chemical Testing, and 
Entry Level Physical Report.
    OMB Control Number: 1625-0040.
    Agency Form Numbers: CG-719A, CG-719B, CG-719K, CG-719S, CG-719P, 
and CG-719K/E.
    Summary of the Currently Approved Collection of Information: In 
accordance with 46 U.S.C. and 46 CFR, this collection of information is 
necessary to determine competency, character, and physical 
qualifications for the issuance of Coast Guard licenses, CORs, and 
merchant mariner documents.
    Summary of the Modification to the Currently Approved Collection of 
Information: This proposed rulemaking would reduce the collection of 
information requirements in 46 CFR parts 10, 12, 13, 14, and 15 for 
License, MMD, STCW Endorsement, and COR applicants. These new 
provisions would no longer require applicants to spend time traveling 
to and from an REC, nor to spend time waiting at an REC.
    Need for Information: The Coast Guard will be receiving the 
information required to process applications and verify the applicant's 
identity from TSA. It was determined that to require applicants to 
travel to an REC to submit this information again would be duplicative 
and burdensome for those applicants.
    Description of Respondents: The current OMB-approved collection 
requires certain applicants for original and subsequent issue 
credentials to have their fingerprints taken and their IDs checked at 
an REC. However, this proposed rulemaking removes this

[[Page 29484]]

travel requirement. Instead those applicants will be able to mail in 
their application and receive their MMC through the mail.
    Number of Respondents: The current OMB-approved number of 
respondents is 200,000. This number would be increased to 205,000 based 
on the most recent application data available from the National 
Maritime Center. This increase is not a result of the proposed rule. It 
is a change to reflect recent growth in the merchant mariner industry.
    Frequency of Response: The current OMB-approved number of responses 
is 73,294 each year. This proposed rulemaking would decrease the annual 
number by 23,294, to 50,000.
    Burden of Response Time from Revision of Collection: The burden of 
response time from this rule on certain applicants for MMCs will be 
reduced to include only the time spent filling out and mailing the 
application. Previously, the burden of response included the travel 
time to and from an REC and the time spent at an REC in order to have 
their fingerprints taken and IDs checked. The time for one day of 
travel was estimated to be eight hours and the time spent at an REC 
center was estimated at two hours. All of the time that applicants 
currently spend traveling to and from and waiting at an REC would be 
removed with this proposed rulemaking.
    Estimate of Total Annual Burden Hours: OMB recently approved an 
emergency temporary extension of the collection of information for the 
Licensing rulemaking, which increased the annual burden hours to 
329,356. This proposed rulemaking would reduce that number by 307,481 
annual hours. This is due to the removal of the travel requirements and 
the REC waiting and processing time. The total number of annual hours 
would be reduced to 21,875.
    Estimate of Total Annual Burden Cost: Recent revisions from the 
Licensing rule changed the total annual operations & maintenance (O&M) 
burden cost reported in the current OMB-approved collection to 
approximately $16 million. Since this rule would no longer require 
certain applicants to travel to and from an REC and to wait at an REC 
while processing fingerprints and IDs, there would be a reduction in 
the associated reporting cost burden. This proposed rulemaking will 
decrease the annual cost burden by approximately $16 million. There 
would not be a total annual O&M burden cost reported for the revised 
OMB-approved collection.
    We request public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the collection burden.
    If you submit comments on the collection of information, submit 
them to both OMB and the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

E. Executive Order 13132 (Federalism)

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, the Coast Guard certifies that this proposed 
rule does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.
    The law is well settled that States may not regulate in categories 
expressly reserved for regulation by the Coast Guard. The law also is 
well settled that all of the categories covered in 46 U.S.C. 3306, 
3703, 7101, and 8101 (design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, and manning 
of vessels), as well as the reporting of casualties and any other 
category in which Congress intended the Coast Guard to be the sole 
source of a vessel's obligations, are within the field foreclosed from 
regulation by the States. See United States v. Locke and Intertanko v. 
Locke, 529 U.S. 89, 120 S. Ct. 1135 (March 6, 2000). Since this 
proposed rule involves the credentialing of merchant mariners, it 
relates to personnel qualifications and is foreclosed from regulation 
by the States. Because the States may not regulate within this 
category, this rule does not present new preemption issues under 
Executive Order 13132.

F. Unfunded Mandates Reform Act

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

G. Executive Order 12630 (Taking of Private Property)

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

H. Executive Order 12988 (Civil Justice Reform)

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

I. Executive Order 13045 (Protection of Children)

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

J. Executive Order 13175 (Indian Tribal Governments)

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

K. Executive Order 13211 (Energy Effects)

    The Coast Guard has analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order. This rule would affect only the 
issuance of credentials to merchant mariners and

[[Page 29485]]

therefore is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.
    The Administrator of the Office of Information and Regulatory 
Affairs for the Office of Management and Budget has not designated this 
proposed rule as a significant energy action. Therefore, it does not 
require a Statement of Energy Effects under Executive Order 13211.

L. Technical Standards

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

M. National Environmental Policy Act

    The Coast Guard has analyzed this proposed rule under Commandant 
Instruction M16475.1D, which guides the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f). We have concluded that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, we believe this rule should be 
categorically excluded from further environmental documentation under 
Figure 2-1, paragraph (34)(c) of the Instruction. This rule involves 
matters of procedure only; it consolidates the credentials issued to 
merchant mariners and revises the application process for issuing those 
credentials. An ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

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

33 CFR Part 20

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

33 CFR Part 70

    Navigation (water) and Penalties.

33 CFR Part 95

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

33 CFR Part 101

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 125

    Administrative practice and procedure, Harbors, Reporting and 
recordkeeping requirements, Security measures, Vessels.

33 CFR Part 141

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

33 CFR Part 155

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

33 CFR Part 156

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

33 CFR Part 160

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

33 CFR Part 162

    Navigation (water) and Waterways.

33 CFR Part 163

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

33 CFR Part 164

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

33 CFR Part 165

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

46 CFR Part 1

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

46 CFR Part 4

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

46 CFR Part 5

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

46 CFR Part 10

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

46 CFR Part 11

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 16

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

46 CFR Part 26

    Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 28

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

46 CFR Part 30

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

[[Page 29486]]

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.

The Amendments

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

33 CFR Chapter I

PART 1--GENERAL PROVISIONS

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

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

Sec.  1.08-5  [Amended]

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


Sec.  1.25-1  [Amended]

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

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

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

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

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


Sec.  20.102  Definitions.

* * * * *
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
* * * * *
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate

[[Page 29487]]

which will be endorsed to reflect a mariner's level of qualification.
* * * * *


Sec.  20.904  [Amended]

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


Sec.  20.1201  [Amended]

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


Sec.  20.1202  [Amended]

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


Sec.  20.1205  [Amended]

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


Sec.  20.1307  [Amended]

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

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

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

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

Sec.  70.05-10  [Amended]

    12. In Sec.  70.05-10--
    a. In the section heading, after the words ``Revocation of'', add 
the words ``merchant mariner credential officer endorsement or''; and
    b. In the text of the section, after the words ``shall also have 
his'', add the words ``merchant mariner credential officer endorsement 
or''.

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

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

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

Sec.  95.015  [Amended]

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


Sec.  95.045  [Amended]

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

PART 101--MARITIME SECURITY: GENERAL

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 
CFR 1.057-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No. 0170.1.

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


Sec.  101.105  Definitions.

* * * * *
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.
* * * * *

PART 110--ANCHORAGE REGULATIONS

    18. The authority citation for part 110 is revised to read as 
follows:

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

Sec.  110.186  [Amended]

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


Sec.  110.188  [Amended]

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


Sec.  110.214  [Amended]

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

PART 125--IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS 
TO WATERFRONT FACILITIES OR VESSELS

    22. The authority citation for part 125 is revised to read as 
follows:

    Authority: R.S. 4517, 4518, secs. 19, 2, 23 Stat. 58, 118, sec. 
7, 49 Stat. 1936, sec. 1, 40 Stat. 220; 46 U.S.C. 570-572, 2, 689, 
and 70105; 50 U.S.C. 191, EO 10173, EO 10277, EO 10352, 3 CFR, 1949-
1953 Comp. pp. 356, 778, 873.

    23. In Sec.  125.09, revise paragraph (f) and add paragraph (g) to 
read as follows:


Sec.  125.09  Identification credentials.

* * * * *
    (f) Transportation Worker Identification Credential.
    (g) Such other identification as may be approved by the Commandant 
from time to time.

PART 141--PERSONNEL

    24. The authority citation for part 141 is revised to read as 
follows:

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


[[Page 29488]]




Sec.  141.5  [Amended]

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


Sec.  141.10  [Amended]

    26. In Sec.  141.10, add a definition for the term ``Transportation 
Worker Identification Credential'' to read as follows:


Sec.  141.10  Definitions.

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


Sec.  141.25  [Amended]

    27. In Sec.  141.25--
    a. In paragraph (a) introductory text, remove the word ``The'' and 
add, in its place, the words ``For the purposes of this part, the''; 
and
    b. In paragraph (a)(1), before the words ``merchant mariner's 
document'', add the word ``valid'', and remove the words ``under 46 CFR 
Part 12''.
    28. In Sec.  141.30--
    a. In the introductory text, remove the first appearance of the 
word ``The'' and add, in its place, the words ``For the purposes of 
this part, the'';
    b. In paragraph (a), before the words ``merchant mariner's 
document'', add the word ``valid'', and remove the words ``under 46 CFR 
Part 12''; and
    c. In paragraph (b), remove the words ``Immigration and 
Naturalization Service'' and add, in their place, the words 
``Immigration and Customs Enforcement Agency''; and
    d. Add a new paragraph (d) to read as follows:


Sec.  141.30  Evidence of status as a resident alien.

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


Sec.  141.35  [Amended]

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

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

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

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

Sec.  155.110  [Amended]

    31. Revise Sec.  155.110 to read as follows:


Sec.  155.110  Definitions.

    Except as specifically stated in a section, the definitions in part 
151 of this chapter, except for the word ``oil'', and in part 154 of 
this chapter, apply to this part. The following definition also applies 
to this part:
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  155.710  [Amended]

    32. In Sec.  155.710--
    a. In paragraph (a)(2), after the word ``license'', add the words 
``or officer endorsement'';
    b. In paragraph (e)(1), remove the words ``a licensed person'' and 
add, in their place, the words ``an officer''; after the words ``holds 
a valid license'', add the words ``or merchant mariner credential''; 
remove the words ``part 10'' and add, in their place, the words 
``chapter I, subchapter B,''; and after the words ``merchant mariner's 
document'', add the words ``or merchant mariner credential'';
    c. In paragraph (f), after the word ``MMD'', add the words `` or 
merchant mariner credential''; and after the words ``either a 
license'', add the words ``, officer endorsement,''; and
    d. In paragraph (g), after the words ``need not hold any of the'', 
add the words ``merchant mariner credentials,''.


Sec.  155.815  [Amended]

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

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

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

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

Sec.  156.210  [Amended]

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

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

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

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

Sec.  160.113  [Amended]

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

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

    38. The authority citation for part 162 is revised to read as 
follows:

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

    39. Add a new Sec.  162.5 to read as follows:


Sec.  162.5  Definitions.

    The following definition applies to this part:
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR Part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  162.130  [Amended]

    40. In Sec.  162.130(c), in the definition for ``Master'', after 
the words ``means the'', remove the word ``licensed''; and, after the 
words ``vessel not requiring'', remove the words ``licensed personnel'' 
and add, in their place, the words ``persons holding licenses or 
merchant mariner credential officer endorsements''.

PART 163--TOWING OF BARGES

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


[[Page 29489]]


    Authority: 33 U.S.C. 152, 2071; 49 CFR 1.46(n).


Sec.  163.01  [Amended]

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


Sec.  163.03  [Added]

    43. Add a new Sec.  163.03 to read as follows:


Sec.  163.03  Definitions.

    The following definition applies to this part:
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.

PART 164--NAVIGATION SAFETY REGULATIONS

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

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

Sec.  164.13  [Amended]

    45. In Sec.  164.13--
    a. In paragraph (b), remove the words ``a licensed engineer'' and 
add, in their place, the words ``an engineer with a properly endorsed 
license or merchant mariner credential''; and
    b. In paragraph (c), after the words ``at least two'', remove the 
word ``licensed''; after the words ``deck officers'' add the words 
``with a properly endorsed license or merchant mariner credential''; 
and, after the words ``must be an individual'', remove the word 
``licensed'' and add, in its place, the words ``holding an 
appropriately endorsed license or merchant mariner credential''.
    46. In Sec.  164.70, in alphabetical order, add a new definition 
for the term ``Merchant Mariner Credential or MMC'' to read as follows:


Sec.  164.70  Definitions.

* * * * *
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    47. 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.

    48. Add Sec.  165.3 to read as follows:


Sec.  165.3  Definitions.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate, 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  165.120  [Amended]

    49. In Sec.  165.120(b)(1), remove the words `` the Licensed 
Federal Pilot'' and add, in their place, the words ``an individual 
holding a valid Merchant Mariner's License or Merchant Mariner 
Credential endorsed as Pilot''.


Sec.  165.153  [Amended]

    50. In Sec.  165.153(d)(6) and (d)(7), remove the word ``licensed'' 
wherever it may appear.


Sec.  165.810  [Amended]

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


Sec.  165.1310  [Amended]

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

46 CFR CHAPTER I

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

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

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

    54. In Sec.  1.01-05, remove the existing paragraph designations, 
remove the words ``The term'' from the definition of ``Commandant'' and 
``District Commander'', and in alphabetical order, add definitions for 
the terms ``credential'' and ``Merchant Mariner Credential or MMC'' to 
read as follows:


Sec.  1.01-05  Definitions.

* * * * *
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
* * * * *
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  1.01-10  [Amended]

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


Sec.  1.01-15  [Amended]

    56. In Sec.  1.01-15--

[[Page 29490]]

    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'';
    b. In paragraph (b), remove the words ``licensing, certificating'' 
and add, in their place, the word ``credentialing'', and after the 
words ``misbehavior of persons holding'', remove the words ``licenses, 
certificates, or documents'' and add, in their place, the word 
``credentials'', and after the words ``46 U.S.C. chapter 77 of'', 
remove the words ``licenses, certificates and documents'' and add, in 
their place, the word ``credential''; and
    c. In the Note to paragraph (b), remove the words ``Licensing and 
Certification'' and add, in their place, the word ``Credentialing''; 
and, after the words ``parts 10'', add the number ``, 11,''.


Sec.  1.01-25  [Amended]

    57. In Sec.  1.01-25--
    a. In paragraph (b), 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

    58. 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.
    59. Add Sec.  4.03-75 to read as follows:


Sec.  4.03-75  Merchant mariner credential and Credential.

    The following definitions apply to this part:
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate, 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  4.07-1  [Amended]

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


Sec.  4.07-10  [Amended]

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

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

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

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

Sec.  5.3  [Amended]

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


Sec.  5.5  [Amended]

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


Sec.  5.15  [Amended]

    65. In Sec.  5.15, remove the words ``license, certificate or 
document'' and add, in their place, the word ``credential''.


Sec.  5.19  [Amended]

    66. In Sec.  5.19(b), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.
    67. Add Sec.  5.40 to Subpart B to read as follows:


Sec.  5.40  Credential and merchant mariner credential.

    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Merchant Mariner Credential or MMC means the qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, Part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.


Sec.  5.55  [Amended]

    68. In Sec.  5.55(a) introductory text, remove the words ``license, 
certificate or document'' and add, in their place, the word 
``credential''.
    69. In Sec.  5.57--
    a. Revise the section heading 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'';
    c. Revise paragraph (b) to read as set out below; and
    d. In paragraph (c), remove the words ``license, certificate or 
document'' and add, in their place, the words ``credential or 
endorsement''.


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

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


Sec.  5.59  [Amended]

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


Sec.  5.61  [Amended]

    71. In Sec.  5.61--
    a. In the section heading, remove the words ``licenses, 
certificates or documents'' and add, in their place, the word 
``credentials''; and
    b. In paragraphs (a) introductory text and (b), remove the words 
``license,

[[Page 29491]]

certificate or document'' wherever they appear and add, in their place, 
the words ``credential or endorsements''.


Sec.  5.101  [Amended]

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


Sec.  5.105  [Amended]

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

Subpart E--[Amended]

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


Sec.  5.201  [Amended]

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


Sec.  5.203  [Amended]

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


Sec.  5.205  [Amended]

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


Sec.  5.501  [Amended]

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


Sec.  5.521  [Amended]

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


Sec.  5.567  [Amended]

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


Sec.  5.707  [Amended]

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


Sec.  5.713  [Amended]

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


Sec.  5.715  [Amended]

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

Subpart L--[Amended]

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


Sec.  5.901  [Amended]

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


Sec.  5.903  [Amended]

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


Sec.  5.905  [Amended]

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

PART 10--MERCHANT MARINER OFFICERS AND SEAMEN

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

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

PART 10--[REDESIGNATED AS PART 11 AND AMENDED]

    89. Redesignate part 10, consisting of Sec.  Sec.  10.101 through 
10.1105, as part 11, Sec.  Sec.  11.101 through 11.1105.
    90. 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.

[[Page 29492]]

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 Application procedures.
10.211 Criminal record review.
10.213 National Driver Register.
10.215 Medical and physical requirements.
10.217 MMC application and examination locations.
10.219 Fees.
10.221 Applications submitted by aliens.
10.223 Modification or removal of limitations.
10.225 Issuance of Merchant Mariner Credentials.
10.227 Additional requirements for renewal.
10.229 Issuance of duplicate Merchant Mariner Credentials.
10.231 Additional requirements for raises of grade for officer 
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.

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

Subpart A--General


Sec.  10.101  Purpose of rules in this part.

    The regulations in this part provide:
    (a) A means of determining and verifying the identity, citizenship, 
and 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); and
    (c) A means, through the requirement to hold a Transportation 
Worker Identification Credential (TWIC), and a criminal and National 
Driver Register (NDR) record review to determine the identity of an 
applicant and determine if the holder of an MMC is a safe and suitable 
person and is qualified as to character and habits of life.


Sec.  10.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Operating and Environmental Standards (G-
PSO), 2100 Second Street SW., Washington, DC 20593-0001, and is 
available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1 7SR, England:
    (1) The STCW--International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended (the 
STCW Convention or the STCW), incorporation by reference approved for 
Sec.  Sec.  10.107, 10.109, 10.209, 10.215, and 10.277.
    (2) The Seafarers' Training, Certification and Watchkeeping Code, 
as amended (the STCW Code), incorporation by reference approved for 
Sec.  Sec.  10.107, 10.109, 10.209, 10.215, and 10.277.


Sec.  10.105 Paperwork approval.  [Reserved]


Sec.  10.107  Definitions in Subchapter B.

    (a) With respect to part 16 and Sec.  15.1101 of this title only, 
if the definitions in paragraph (b) of this section differ from those 
set forth in either Sec.  16.105 or Sec.  15.1101, the definition set 
forth in either Sec.  16.105 or Sec.  15.1101, as appropriate, applies.
    (b) As used in this subchapter, the following terms apply only to 
the merchant marine personnel credentialing and 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 in according to Sec.  
11.302 of this chapter.
    Approved training means training that is approved by the Coast 
Guard or meets the requirements of Sec.  11.309 of this chapter.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer means a qualified officer in the engine 
department.
    Authorized official includes but is not limited to a Federal, State 
or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to 
service on mobile offshore drilling units (MODUs) whose duties involve 
the operation of the complex ballast system found on many MODUs. When 
assigned to a MODU, a ballast control operator is equivalent to a mate 
on a conventional vessel.
    Barge supervisor or BS means an officer restricted to service on 
MODUs whose duties involve support to the offshore installation manager 
(OIM) in marine related matters including, but not limited to, 
maintaining watertight integrity, inspecting and maintaining mooring 
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is 
equivalent to a mate on a conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck 
crew who supervises the maintenance of deck gear.
    Cargo engineer means a person holding an officer endorsement on a 
dangerous-liquid tankship or a liquefied-gas tankship whose primary 
responsibility is maintaining the cargo system and cargo-handling 
equipment.
    Chief engineer means any person responsible for the mechanical 
propulsion of a vessel and who is the holder of a valid officer 
endorsement as chief engineer.
    Chief mate means the deck officer next in seniority to the master 
and upon whom the command of the vessel will fall in the event of 
incapacity of the master.
    Coast Guard-accepted means that the Coast Guard has officially 
acknowledged in writing that the material or process at issue meets the 
applicable requirements; that the Coast Guard has issued an official 
policy statement listing or describing the material or process as 
meeting the applicable requirements; or that an entity acting on behalf 
of the Coast Guard under a Memorandum of Agreement has determined that 
the material or process meets the applicable requirements.
    Coastwise seagoing vessel means a vessel that is authorized by its 
Certificate of Inspection to proceed beyond the Boundary Line 
established in part 7 of this chapter.
    Competent person 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

[[Page 29493]]

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) 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, such as on a six-on, six-off watch 
schedule, each work day may be creditable as one and one-half days of 
service. On vessels of less than 100 gross tons, a day is considered as 
eight hours unless the Officer in Charge, Marine Inspection, 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 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 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 hand-held 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 to include 
officer, staff officer, ratings, and/or STCW qualifications appearing 
on an Merchant Mariner Credential.
    Evaluation means processing an application, from the point of 
receipt to approval or rejection of the application, including review 
of all documents and records submitted with an application as well as 
those obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of 
a chemical test conducted under 49 CFR part 40 was reported as 
``positive'' by a Medical Review Officer because the chemical test 
indicated the presence of a dangerous drug at a level equal to or 
exceeding the levels established in 49 CFR part 40.
    First assistant engineer means the engineer officer next in 
seniority to the chief engineer and upon whom the responsibility for 
the mechanical propulsion of the vessel will fall in the event of the 
incapacity of the chief engineer.
    Great Lakes for the purpose of calculating service requirements for 
an officer endorsement, means the Great Lakes and their connecting and 
tributary waters including the Calumet River as far as the Thomas J. O' 
Brien Lock and Controlling Works (between mile 326 and 327), the 
Chicago River as far as the east side of the Ashland Avenue Bridge 
(between mile 321 and 322), and the Saint Lawrence River as far east as 
the lower exit of Saint Lambert Lock. For purposes of requiring 
Merchant Mariner Credentials with rating endorsements, the connecting 
and tributary waters are not part of the Great Lakes.
    Harbor assist means the use of a towing vessel during maneuvers to 
dock, undock, moor, or unmoor a vessel, or to escort a vessel with 
limited maneuverability.
    Horsepower means, for the purpose of this subchapter, the total 
maximum continuous shaft horsepower of all the vessel's main propulsion 
machinery.
    IMO means the International Maritime Organization.
    Inland waters means the navigable waters of the United States 
shoreward of the Boundary Lines as described in part 7 of this chapter, 
excluding the Great Lakes, and, for towing vessels, excluding the 
Western Rivers. For establishing credit for sea service, the waters of 
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are 
inland waters.
    Invalid credential means a merchant mariner credential that has 
expired, been suspended, revoked, or was issued fraudulently.
    Liquefied gas or LG means a cargo that has a vapor pressure of 172 
kPa (25 psia) or more at 37.8 C (100 F).
    Liquid cargo in bulk means a liquid or liquefied gas listed in 
Sec.  153.40 of this

[[Page 29494]]

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 this part.
    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 qualification document 
for all merchant mariners issued by the Coast Guard under 46 CFR part 
10. The individual Merchant Mariner Document, License, and Certificate 
of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued 
in the form of a Merchant Mariner Credential (MMC). An MMC will combine 
the separate qualification documents previously issued under 46 U.S.C. 
Subtitle II, part E and STCW endorsements into a single certificate 
which will be endorsed to reflect a mariner's level of qualification.
    Merchant Vessel means a vessel engaged in commercial activities.
    MMC application means the application for the Merchant Mariner 
Credential (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 drillships.
    Month means 30 days, for the purpose of complying with the service 
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of 
information on drivers maintained by the National Highway Traffic 
Safety Administration under 49 U.S.C. chapter 303.
    NDR-listed convictions means a conviction of any of the following 
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or 
impaired by, alcohol or a controlled substance; or
    (2) A traffic violation arising in connection with a fatal traffic 
accident, reckless driving, or racing on the highways.
    Near coastal means ocean waters not more than 200-miles offshore.
    Oceans means the waters seaward of the Boundary Lines as described 
in 46 CFR part 7 of this chapter. For the purposes of establishing sea 
service credit, the waters of the Inside Passage between Puget Sound 
and Cape Spencer, Alaska, are not considered oceans.
    Officer endorsement means an annotation on a Merchant Mariner 
Credential that allows a mariner to serve in the capacities in Sec.  
10.109(a).
    Officer in Charge, Marine Inspection, or OCMI means, for the 
purposes of this subchapter, the officer or individual so designated at 
one of the locations of the regional examination centers listed in 
Sec.  10.217, 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 vessels, refers to 
a vessel anytime passengers are embarked whether the vessel is 
underway, at anchor, made fast to shore, or aground as applied to 
vessel manning.
    Operator means an individual qualified to operate certain 
uninspected vessels.
    Orally assisted examination means an examination as described in 
part 11, subpart I of this chapter verbally administered and documented 
by an examiner.
    Participation, when used with regard to the service on transfers 
required for tankerman by Sec. Sec.  13.120, 13.203, or 13.303 of this 
chapter, means either actual participation in the transfers or close 
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of 
a chemical test conducted according to 49 CFR part 40 is reported as 
``negative'' by a Medical Review Officer according to that part.
    PIC means a person-in-charge.
    Pilot of towing vessels means a qualified officer of a towing 
vessel operated only on inland routes.
    Pilotage waters means the navigable waters of the United States, 
including all inland waters and offshore waters to a distance of three 
nautical miles from the baseline from which the Territorial Sea is 
measured.
    Practical demonstration means the performance of an activity under 
the direct observation of a designated examiner for the purpose of 
establishing that the performer is sufficiently proficient in a 
practical skill to meet a specified standard of competence or other 
objective criterion.
    Qualified instructor means a person who has been trained or 
instructed in instructional techniques and is otherwise qualified to 
provide required training to candidates for an Merchant Mariner 
Credential endorsement. A faculty member employed at a State maritime 
academy or the U.S. Merchant Marine Academy operated under 46 CFR part 
310 and instructing in a navigation or engineering course is qualified 
to serve as a qualified instructor in his or her area of specialization 
without individual evaluation by the Coast Guard.
    Qualified rating means various categories of Able Seaman, Qualified 
Member of the Engine Department, Lifeboatman, or Tankerman endorsements 
formerly issued on Merchant Mariner's Documents.
    Raise of grade means an increase in the level of authority and 
responsibility associated with an officer or rating endorsement.
    Rating endorsement is an annotation on a Merchant Mariner 
Credential that allows a mariner to serve in those capacities set out 
in Sec.  10.109 (b) and (c).
    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 an Merchant Mariner Credential restricting its holder as 
the Officer in Charge, Marine Inspection, (OCMI) 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

[[Page 29495]]

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 Officer in Charge, Marine Inspection.
    Safe and suitable person means a person whose character and habits 
of life are such as to support the belief that his or her presence on 
board vessels of the United States is not, or may not be, adverse to 
the security of the United States.
    Self-propelled has the same meaning as the terms ``propelled by 
machinery'' and ``mechanically propelled.'' This term includes vessels 
fitted with both sails and mechanical propulsion.
    Self-propelled tank vessel means a self-propelled tank vessel, 
other than a tankship.
    Senior company official means the president, vice president, vice 
president for personnel, personnel director, or similarly titled or 
responsible individual, or a lower-level employee designated in writing 
by one of these individuals for the purpose of certifying employment 
and whose signature is on file at the Regional Examination Center (REC) 
at which application is made.
    Service as, as used when computing the required service for MODU 
endorsements, means the time period, in days, a person is assigned to 
work on MODUs, excluding time spent ashore as part of crew rotation. A 
day is a minimum of four hours, and no additional credit is received 
for periods served over eight hours.
    Simulated transfer means a transfer practiced in a course meeting 
the requirements of Sec.  13.121 of this chapter that uses simulation 
supplying part of the service on transfers required for tankerman by 
Sec.  13.203 or 13.303 of this chapter.
    Staff officer means a person who holds an officer endorsement on a 
Merchant Mariner Credential listed in Sec.  10.109(a)(13).
    Standard of competence means the level of proficiency to be 
achieved for the proper performance of duties on board vessels 
according to national and international criteria.
    STCW means the International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended 
(incorporated by reference in Sec.  10.103).
    STCW Code means the Seafarer's Training, Certification and 
Watchkeeping Code, as amended (incorporated by reference in Sec.  
10.103).
    STCW endorsement means an annotation on an Merchant Mariner 
Credential that allows a mariner to serve in those capacities under 
Sec.  10.109(d).
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil or hazardous material in bulk as cargo or cargo 
residue, and that--
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject 
to the jurisdiction of the United States.
    Tankerman-Assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her Merchant Mariner Credential.
    Tankerman-Engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her Merchant Mariner Credential.
    Tankerman-PIC means a person holding a valid ``Tankerman-PIC'' 
endorsement to 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 document 
issued under the laws of the United States.
    Upper level is used as a category of deck and engineer officer 
endorsements established for assessment of fees. Upper-level 
endorsements are those for which the requirements are listed in 
Sec. Sec.  11.404 to 11.407 of this subchapter and Sec. Sec.  11.510, 
10.512, 10.514, and 11.516 of subpart E of this subchapter.
    Western rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational demarcation lines 
dividing the high seas from harbors, rivers, and other inland waters of 
the United States, and the Port Allen-Morgan City Alternate Route, and 
that part of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternate Route including the Old River and the Red 
River, and those waters specified in 33 CFR 89.25.
    Year means 360 days, for the purpose of complying with the service 
requirements of this subchapter.


Sec.  10.109  Classification of endorsements.

    (a) The following officer endorsements are established in part 11 
of this subchapter. The endorsements indicate that an individual 
holding a valid MMC with this endorsement is qualified to serve in that 
capacity and the endorsement has been issued under the requirements 
contained in part 11 of this subchapter:
    (1) Master.
    (2) Chief mate.
    (3) Second mate.
    (4) Third mate.
    (5) Mate.
    (6) Apprentice mate (Steersman).
    (7) Chief engineer.
    (8) First assistant engineer.
    (9) Second assistant engineer.
    (10) Third assistant engineer.
    (11) Assistant engineer.
    (12) Designated duty engineer.
    (13) Staff officers who are registered in the following grades:
    (i) Chief purser.
    (ii) Purser.
    (iii) Senior assistant purser.
    (iv) Junior assistant purser.
    (v) Medical doctor.
    (vi) Professional nurse.
    (vii) Marine physician assistant.
    (viii) Hospital corpsman.
    (b) The following rating endorsements are established in part 12 of 
this subchapter. The endorsements indicate that an individual holding a 
valid MMC with this endorsement is qualified to serve in that capacity 
and the endorsement has been issued under the requirements contained in 
part 12 of this subchapter:
    (1) Able seaman.
    (2) Ordinary seaman.
    (3) Qualified member of the engine department.
    (4) Lifeboatman.
    (5) Wiper.
    (6) Steward's department (F.H.).
    (7) Cadet.
    (8) Student observer.
    (9) Apprentice engineer.
    (10) Apprentice mate.
    (c) The following ratings are established in part 13 of this 
subchapter. The endorsements indicate that an

[[Page 29496]]

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 and 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 Convention and 
Code (incorporated by reference see Sec.  10.103):
    (1) Master.
    (2) Chief Mate.
    (3) Officer in Charge of a Navigational Watch (OICNW).
    (4) Chief Engineer.
    (5) Second Engineer Officer.
    (6) Officer in Charge of an Engineering Watch in a Manned 
Engineroom or Designated Duty Engineer in a Periodically Unmanned 
Engineroom (OICEW).
    (7) Rating Forming Part of a Navigational Watch (RFPNW).
    (8) Rating Forming Part of a Watch in a Manned Engineroom or 
designated to perform duties in a periodically unmanned engineroom 
(RFPEW).
    (9) Proficiency in Survival Craft and Rescue Boats other than Fast 
Rescue boats (PSC).
    (10) Proficiency in Fast Rescue Boats.
    (11) Person in Charge of Medical Care.
    (12) Medical First Aid Provider.
    (13) GMDSS At-Sea Maintainer.
    (14) GMDSS Operator.

Subpart B--General Requirements for all Merchant Mariner 
Credentials


Sec.  10.201  General characteristics of the Merchant Mariner 
Credential.

    (a) A Merchant Mariner Credential (MMC) (Coast Guard Form CG-XXXX), 
is a credential combining the elements of the Merchant Mariner's 
Document (MMD), License, and Certificate of Registry (COR) enumerated 
in 46 U.S.C. subtitle II, part E. MMDs, Licenses, STCW endorsements and 
CORs will no longer be issued and all qualifications formerly entered 
on those separate credentials will appear in the form of an 
endorsement(s) on an MMC.
    (b) Although an MMC contains information necessary to identify the 
mariner to whom it is issued, the Transportation Worker Identification 
Credential (TWIC) is the primary identification document for mariners.
    (c) An MMC authorizes the holder to serve in any capacity endorsed 
thereon, or in any lower capacity in the same department, or in any 
capacity covered by a general endorsement.


Sec.  10.203  Requirement to hold a TWIC and a Merchant Mariner 
Credential.

    (a) Any mariner required to hold a License, MMD, Certificate of 
Registry, and/or an STCW Endorsement by a regulation in 33 CFR chapter 
I or 46 CFR chapter I must instead hold an MMC. A mariner may continue 
to serve under the authority of and within any restriction on their 
License, MMD, Certificates of Registry, and/or STCW Endorsement, until 
the first renewal or upgrade of that credential but not later than 
[date five years after effective date of the final rule].
    (b) No MMC, License, MMD, Certificate of Registry, or STCW 
Endorsement will be valid unless the holder also holds a valid TWIC.
    (c) An MMC, License, MMD, Certificate of Registry, or STCW 
Endorsement must be retained by the mariner to whom it was issued and, 
while valid, must be produced to verify qualifications when required by 
an authorized official.
    (d) A TWIC must be retained by the mariner to whom it was issued 
and, while valid, shall serve as the mariner's primary identification 
document. The TWIC must be produced to verify identity when required by 
an authorized official.


Sec.  10.205  Validity of a Merchant Mariner Credential.

    (a) An MMC is valid for a term of five years from the date of 
issuance.
    (b) All endorsements are valid until the expiration date of the MMC 
on which they appear.
    (c) A mariner may not serve under the authority of an MMC past its 
expiration date. An expired MMC may be renewed during an administrative 
grace period of up to one year beyond its expiration date as per Sec.  
10.227 (j) of this part.
    (d) When an MMC is renewed or re-issued prior to its expiration 
date in accordance with Sec.  10.227, the MMC that has been replaced 
becomes void.
    (e) An MMC is not valid until signed by the applicant and the OCMI 
or the OCMI's designated representative.
    (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 their License, MMD, COR, or STCW 
Certificate and receive their first MMC, the Coast Guard may also renew 
all other credentials for which the mariner is qualified.


Sec.  10.207  Identification number.

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


Sec.  10.209  Application procedures.

    (a) The applicant for an MMC or endorsement, whether original, 
renewal, duplicate or raise of grade, must establish to the 
satisfaction of 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 and raises in grade appear later in this part.
    (b) The Coast Guard may refuse to process an incomplete MMC 
application.
    (c) A complete application for an MMC or endorsement, must contain 
the following:
    (1) A signed written application;
    (2) Proof that the mariner holds a valid TWIC, except as provided 
in Sec.  10.227(i);
    (3) Information supplied by TSA. Upon issuance of a TWIC by TSA, a 
mariner's fingerprints, FBI number and criminal record (if applicable), 
photograph, proof of citizenship and proof of legal resident alien 
status (if applicable) will be made available, electronically, to the 
Coast Guard and will be made a part of the mariner's MMC application;
    (4) Except as provided in Sec.  10.227(i), all applications must 
contain all supplementary materials required to show that the mariner 
meets the mandatory requirements for the specific endorsement 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.

[[Page 29497]]

    (iv) The mandatory requirements for STCW Endorsements are contained 
in parts 11 and 12 of this chapter and in the STCW Convention and Code 
(Incorporated by reference, see Sec.  10.103).
    (5) The appropriate fee as set forth in Sec.  10.219 of this part;
    (6) If the applicant holds a continuous discharge book, certificate 
of identification, MMD, MMC, License, STCW Endorsement or Certificate 
of Registry, it must be exhibited at the time of application;
    (7) Criminal record review. No MMC or endorsement will be issued 
until the applicant has passed a criminal record review as set forth in 
Sec.  10.211 of this part;
    (8) National Driver Register. No MMC or endorsement will be issued 
until the applicant has passed a National Driver Register review as set 
forth in Sec.  10.121 of this part;
    (9) Drug test. To obtain an original or renewal MMC, a raise in 
grade of officer endorsement, or the first endorsement as able seaman, 
lifeboatman, qualified member of the engine department , or tankerman, 
an applicant must produce evidence of having passed a chemical test for 
dangerous drugs or of qualifying for an exception from testing in Sec.  
16.220 of this subchapter. An applicant who fails a chemical test for 
dangerous drugs will not be issued an MMC. Applicants requesting an 
inactive MMC renewal under Sec.  10.227(i) of this part are exempt from 
this requirement;
    (10) An applicant for an endorsement where sea service is required 
must produce with the application, 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; and
    (11) All applicants must comply with the medical and physical 
standards of Sec.  10.215 of this part.
    (d) The written portion of the application may be submitted by 
mail, fax, or other electronic means. The written portion of the 
application may include:
    (1) A properly completed application on a Coast Guard-furnished 
form and the evaluation fee required by Sec.  10.219 of this part;
    (2) The applicant's continuous discharge book, certificate of 
identification, MMD, MMC, License, STCW Endorsement, Certificate of 
Registry or, if it has not expired, a photocopy of the credential, 
including the back and all attachments;
    (3) Proof on a form provided by the Coast Guard that the applicant 
passed the applicable vision, hearing, medical or physical exam as 
required by Sec.  10.215 of this part;
    (4) If the applicant desires a credential with a radar-observer 
endorsement, either the radar-observer certificate or a certified copy;
    (5) Evidence of, or acceptable substitute for, sea service for an 
officer's endorsement;
    (6) For an endorsement as a medical doctor or professional nurse, 
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; 
and
    (7) The open-book exercise, if required, may be administered 
through the mail.


Sec.  10.211  Criminal record review.

    (a) The Coast Guard may conduct a criminal record review to 
determine the safety and suitability of an applicant for an MMC and any 
endorsements. An applicant conducting simultaneous MMC transactions 
will undergo a single criminal record review. Each applicant must 
provide written disclosure of all prior convictions at the time of 
application.
    (b) A criminal record review is required for applicants seeking a 
duplicate MMC under Sec.  10.229.
    (c) Fingerprints. The Transportation Security Administration (TSA) 
will provide to the Coast Guard electronic fingerprint images submitted 
by the applicant in the TWIC enrollment process. The applicant's 
fingerprints will be used by the Coast Guard to determine whether the 
applicant has a record of a criminal conviction.
    (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, and, except as provided by this 
paragraph, 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. The applicant 
will be notified in writing of the reason or reasons for disapproval, 
unless the Coast Guard determines that the disclosure of information is 
prohibited by law, regulation, or agency policy, in which case the 
reason(s) will not be disclosed.
    (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 that 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 tables list major categories of 
criminal activity and are not to be construed as an all-inclusive list. 
If an applicant is convicted of an offense that does not appear on the 
list, the Coast Guard will establish an appropriate assessment period 
using the list as a guide. The assessment period commences when an 
applicant is no longer incarcerated. The applicant must establish proof 
of the time incarcerated and periods of probation and parole to the 
satisfaction of the Coast Guard. The assessment period may include 
supervised or unsupervised probation or parole.

Table 10.211(g).--Guidelines for Evaluating Applicants for MMCs Who Have
                          Criminal Convictions
------------------------------------------------------------------------
                                            Assessment periods
           Crime \1\            ----------------------------------------
                                       Minimum              Maximum
------------------------------------------------------------------------
                         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.

[[Page 29498]]

 
Sexual Assault (rape, child      5 years............  10 years.
 molestation).
Robbery........................  5 years............  10 years.
Other crimes against persons
 \2\
------------------------------------------------------------------------
                         Crimes Against Property
------------------------------------------------------------------------
Burglary.......................  3 years............  10 years.
Larceny (embezzlement).........  3 years............  5 years.
Other crimes against property
 \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\
------------------------------------------------------------------------
                Criminal Violations of Environmental Laws
------------------------------------------------------------------------
Criminal violations of           1 year.............  10 years.
 environmental laws involving
 improper handling of
 pollutants or hazardous
 materials.
------------------------------------------------------------------------
                     Dangerous Drug Offenses \3,4,5\
------------------------------------------------------------------------
Trafficking (sale,               5 years............  10 years.
 distribution, transfer).
Dangerous drugs (Use or          1 year.............  10 years.
 possession).
Other dangerous drug
 convictions \6\
------------------------------------------------------------------------
\1\ Conviction of attempts, solicitations, aiding and abetting,
  accessory after the fact, and conspiracies to commit the criminal
  conduct listed in this table carry the same minimum and maximum
  assessment periods provided in the table.
\2\ Other crimes are to be reviewed by the OCMI to determine the minimum
  and maximum assessment periods depending on the nature of the crime.
\3\ Applicable to original applications only. Any applicant who has ever
  been the user of, or addicted to the use of, a dangerous drug shall
  meet the requirements of paragraph (f) of this section. Note:
  Applicants for reissue of an MMC with a new expiration date including
  a renewal or additional endorsement(s), who have been convicted of a
  dangerous drug offense while holding a License, MMC, MMD, STCW
  Endorsement or Certificate of Registry, may have their application
  withheld until appropriate action has been completed by the OCMI under
  the regulations which appear in 46 CFR part 5 governing the
  administrative actions against merchant mariner credentials.
\4\ The OCMI may consider dangerous drug convictions more than 10 years
  old only if there has been a dangerous drug conviction within the past
  10 years.
\5\ Applicants must demonstrate rehabilitation under paragraph (l) of
  this section, including applicants with dangerous drug use convictions
  more than ten years old.
\6\ Other dangerous drug convictions are to be reviewed by the OCMI 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(d) of Sec.  10.213 based upon the 
applicant's convictions; the maximum assessment period will be the 
longest shown in table 10.211(g) and table 10.213(d) of Sec.  10.213 
based upon the applicant's convictions.
    (i) If a person with a criminal conviction applies before the 
minimum assessment period shown in table 10.211(g), or established by 
the Coast Guard under paragraph (g) of this section has elapsed, then 
the applicant must provide, as part of the application package, 
evidence of suitability for service in the merchant marine. Factors 
which 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

[[Page 29499]]

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 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 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.
    (m) In the event an MMC has already been issued when information 
about the applicant's criminal record is brought to the attention of 
the Coast Guard, if such information warrants the belief that the 
applicant cannot be entrusted with the duties and responsibilities of 
the MMC or endorsement issued, or if such information indicates that 
the application for the MMC or endorsement was false or incomplete, the 
Coast Guard may notify the holder in writing that the MMC is considered 
null and void, direct the holder to return it to the Coast Guard, and 
advise the holder that, upon return of the MMC, the appeal procedures 
of subpart 1.03 of part 1 of this chapter apply.


Sec.  10.213  National Driver Register.

    (a) No MMC will be issued as an original or reissued with a new 
expiration date 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) No person who 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 (g) of this section.
    (c) The Coast Guard will not consider NDR-listed civil convictions 
that are more than three years old from the date of request unless that 
information relates to a current suspension or revocation of the 
applicant's License to operate a motor vehicle. The Coast Guard may 
determine minimum and maximum assessment periods for NDR listed 
criminal convictions using table 10.213(d). An applicant conducting 
simultaneous MMC transactions is subject to only one NDR check.
    (d) The guidelines in table 10.213(d) will be used by the Coast 
Guard in evaluating applicants who have drug or alcohol related NDR 
listed convictions. Non-drug or alcohol related NDR-listed convictions 
will be evaluated by the Coast Guard under table 10.211(g) of Sec.  
10.211 as applicable.

Table 10.213(d).--Guidelines for Evaluating Applicants for MMCs Who Have
 NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\
------------------------------------------------------------------------
                            Date of
  No. of convictions      conviction            Assessment period
------------------------------------------------------------------------
1....................  Less than 1 year  1 year from date of conviction.
1....................  More than 1,      Application will be processed,
                        less than 3       unless suspension, or
                        years.            revocation \2\ is still in
                                          effect. Applicant will be
                                          advised that additional
                                          conviction(s) may jeopardize
                                          merchant mariner credentials.
1....................  More than 3       Not necessary unless suspension
                        years old.        or revocation is still in
                                          effect.
2 or more............  Any less than 3   1 year since last conviction
                        years old.        and at least 3 years from 2nd
                                          most recent conviction, unless
                                          suspension or revocation is
                                          still in effect.
2 or more............  All more than 3   Application will be processed
                        years old.        unless suspension or
                                          revocation is still in effect.
 
------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use
  of, a dangerous drug shall meet the requirements of paragraph (a) of
  this section.
\2\ Suspension or revocation, when referred to in table 10.213, means a
  State suspension or revocation of a motor vehicle operator's license.

    (e) 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.
    (f) 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 Regional Examination 
Center (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.
    (g) 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

[[Page 29500]]

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 he or she judges appropriate to a particular 
applicant, such as:
    (1) Proof of completion of an accredited alcohol- or drug-abuse 
rehabilitation program;
    (2) Active membership in a rehabilitation or counseling group, such 
as Alcoholics Anonymous or Narcotics Anonymous;
    (3) Character references from persons who can attest to the 
applicant's sobriety, reliability, and suitability for employment in 
the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.


Sec.  10.215  Medical and physical requirements.

    (a) Medical and Physical Exams. To qualify for an MMC the 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. The criterion for assessing medical and physical 
competence are published by the U.S. Coast Guard. Any required test, 
exam or demonstration must have been performed or witnessed by a 
licensed medical doctor (including a Doctor of Osteopathy), licensed 
physician assistant, or licensed nurse practitioner.
    (1) First class pilots must complete medical exams every 12 months 
and submit them 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);
----------------------------------------------------------------------------------------------------------------
                                                                                                 5 Demonstration
              1 Credential                  2 Vision test    3 Hearing test       4 General        of physical
                                                                                medical exam         ability
----------------------------------------------------------------------------------------------------------------
(i) Deck Officers, including pilots.....  10.215(b)(1)(i)                 X                 X                 X
(ii) Engineering Officer................        10.215(b)                 X                 X                 X
                                                  (1)(ii)
(iii) Staff Officer.....................  ................  ................  ................                X
(iv) Radio Officer......................        10.215(b)                 X                 X                 X
                                                  (1)(ii)
(v) Offshore Installation Manager, Barge        10.215(b)                 X                 X                 X
 Supervisor, or Ballast Control Operator          (1)(ii)
(vi) Able Seaman........................  10.215(b) (1)(i)                X                 X                 X
(vii) QMED..............................        10.215(b)                 X                 X                 X
                                                  (1)(ii)
(viii) RFPNW............................  10.215(b) (1)(i)                X                 X                 X
(ix) RFPEW..............................        10.215(b)                 X                 X                 X
                                                  (1)(ii)
(x) Tankerman...........................        10.215(b)                 X                 X                 X
                                                  (1)(ii)
(xi) Proficiency in survival craft,       ................  ................  ................                X
 rescue boats, and/or fast rescue boats
 and Lifeboatmen........................
(xii) Food handler......................  ................  ................        10.215(d)                 X
(xiii) Ratings, including entry-level,    ................  ................  ................                X
 other than those listed above..........
----------------------------------------------------------------------------------------------------------------

    (b) Vision Test--(1) Deck Standard. An applicant must have vision 
correctable 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, without the use of color sensing lenses:
    (i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised 
edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate editions).
    (ii) Eldridge--Green Color Perception Lantern.
    (iii) Farnsworth Lantern.
    (iv) Keystone Orthoscope.
    (v) Keystone Telebinocular.
    (vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).
    (vii) Titmus Optical Vision Tester.
    (viii) Williams Lantern.
    (2) Engineering, radio operator, tankerman, and MODU standard. An 
applicant must have correctable vision of at least 20/50 in one eye and 
uncorrected vision of at least 20/200 in the same eye. And need only 
have the ability to distinguish the colors red, green, blue and yellow.
    (3) Any applicant whose uncorrected vision does not meet the 
standards listed above may not serve under the authority of the 
endorsement unless corrective lenses are worn and spare lenses are 
carried on board a vessel.
    (c) Hearing test. Hearing thresholds should be checked at 500, 
1000, 2000, and 3000 Hertz.
    (1) For an original MMC, you should have an average unaided hearing 
threshold of 70 decibels (db) in each ear and a functional speech 
discrimination of at least 90% at 55 db for each ear.
    (2) For all other credential activity you should have an average 
hearing threshold of 70 db or less for each ear and functional speech 
discrimination of at least 80 percent at 55 db for each ear.
    (d) General medical exam. 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

[[Page 29501]]

disorders. Additionally, food handlers must be free of communicable 
disease.
    (e) The demonstration of physical ability. This exam is required 
for all mariners except entry-level mariners serving on vessels to 
which the STCW does not apply. It must document that the examiner is 
satisfied that the applicant:
    (1) Has no disturbance in the sense of balance;
    (2) Is able, without assistance, to climb up and down vertical 
ladders and inclined stairs;
    (3) Is able, without assistance, to step over a door sill or 
coaming;
    (4) Is 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;
    (5) Does not have any impairment or disease that could prevent 
normal movement and physical activities;
    (6) Is able to stand and walk for extended periods;
    (7) Does not have any impairment or disease that could prevent 
response to a visual or audible alarm; and
    (8) 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 under Sec.  10.209(c)(6), these reports 
remain valid for 12 months from the date of the application approval.
    (g) Where an applicant does not possess the vision, hearing, or 
general physical condition necessary, the Coast Guard, after 
consultation with the examining physician or physician assistant, may 
recommend a waiver to the Commandant if extenuating circumstances 
warrant special consideration. An applicant may submit to the Coast 
Guard, additional correspondence, records and reports in support of 
this request. 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 vision does not meet the requirements in Sec.  
10.227(1)(i) and (1)(ii).


Sec.  10.217  MMC application and examination locations.

    (a) Applicants may apply for Merchant Mariner Credentials at any of 
the following Regional Examination Center locations: Alameda, CA., 
Anchorage, AK., Baltimore, MD., Boston, MA., Charleston, SC., Honolulu, 
HI., Houston, TX., Juneau, AK., Memphis, TN., Miami, FL., New Orleans, 
LA., New York, NY., Portland, OR., San Pedro, CA., Seattle, WA., St. 
Louis, MO., Toledo, OH.
    (b) Coast Guard-designated facilities. The Coast Guard may 
designate additional locations to provide services to applicants for 
MMCs.
    (c) Exam Locations. (1) Coast Guard Merchant Marine Details may 
conduct exams at locations other than the Regional Exam Centers, but 
are not prepared to conduct the physical examination where required. 
Merchant Marine Details may not issue regular certificates, but 
temporary permits in lieu thereof. Merchant Marine Details will 
instruct the recipient of each temporary permit to present it to the 
Officer in Charge, Marine Inspection, upon arrival in the first port in 
the United States in which a Sector is located in order to exchange it 
for a permanent certificate.
    (2) The temporary permit must be accepted in a Sector as proof that 
the bearer has complied with the rules and regulations governing the 
issuance of certificates, 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, and any Sector at which an applicant 
with a temporary permit appears and may request and obtain the 
examination from the National Maritime Center. Any Sector which doubts 
the propriety of issuing a permanent certificate instead of a temporary 
permit which has been issued by a foreign Merchant Marine Detail must 
inform the National Maritime Center fully as to the circumstances.


Sec.  10.219(a)  Fees.

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

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

[[Page 29502]]

 
    Renewal......................       No fee       No fee       No fee
Certificate of Continuity........          n/a          n/a           45
Reissue, Replacement, and                  n/a          n/a       45 \1\
 Duplicate.......................
------------------------------------------------------------------------
\1\ Duplicate for MMC lost as result of marine casualty--No Fee.

    (b) Fee payment procedures. You may pay:
    (1) All fees required by this section when you submit your 
application; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when you submit your application.
    (ii) An examination fee before you take the first examination 
section.
    (iii) An issuance fee before you receive your MMC.
    (c) If you take your examination someplace other than a Regional 
Examination Center (REC), you must pay the examination fee to the REC 
at least one week before your scheduled examination date.
    (d) Unless the REC provides additional payment options, your fees 
must be paid as follows:
    (1) Your fee payment must be for the exact amount.
    (2) Make your check or money order payable to the U.S. Coast Guard, 
and write your social security number on the front of each check or 
money order.
    (3) If you pay by mail, you must use either a check or money order.
    (4) If you pay in person, you may pay with cash, check, credit 
card, or money order at Coast Guard units where Regional Examination 
Centers are located.
    (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 also 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 in 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 application.
    (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 $5,000 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 
part-time or full-time employee of an organization which is:
    (i) Charitable in nature.
    (ii) Not for profit.
    (iii) Youth oriented.
    (2) Determination of eligibility. (i) An organization may submit a 
written request to Commanding Officer, U.S. Coast Guard National 
Maritime Center, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-
1804, in order to be considered an eligible organization under the 
criteria set forth in paragraph (h)(1) of this section. With the 
written request, the organization must provide evidence of its status 
as a youth oriented, not for profit, charitable organization.
    (ii) The following organizations are accepted by the Coast Guard as 
meeting the requirements of paragraph (h)(1) of this section and need 
not submit evidence of their status: Boy Scouts of America, Sea 
Explorer Association, Girl Scouts of the United States of America, and 
Young Men's Christian Association of the United States of America.
    (3) A letter from an organization determined eligible under 
paragraph (h)(2) of this section must also accompany the person's MMC 
application to the Coast Guard. The letter must state that the purpose 
of the person's application is solely to further the conduct of the 
organization's maritime activities. The applicant then is eligible 
under this section to obtain a no-fee MMC if other requirements for the 
MMC are met.
    (4) An MMC issued to a person under this section is endorsed 
restricting its use to vessels owned or operated by the sponsoring 
organization.
    (5) The holder of a no-fee MMC issued under this section may have 
the restriction removed by paying the appropriate evaluation, 
examination, and issuance fees that would have otherwise applied.


Sec.  10.221  Applications submitted by aliens.

    No MMC may be issued to an alien unless the alien is lawfully 
admitted to the United States for permanent residence. Only individuals 
with valid U.S. citizenship may apply for officer endorsements.


Sec.  10.223  Modification or removal of limitations.

    (a) If an Officer in Charge, Marine Inspection, (OCMI) 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 that OCMI may be changed or removed. Such an increase 
in scope may include a change in horsepower or tonnage limitations, or 
geographic route restrictions.
    (b) A endorsement limitation on an MMC may not be changed before 
full information regarding the reason for the limitation is obtained 
from the OCMI responsible for that limitation.
    (c) No limitation on any endorsement may be changed before the 
applicant has made up any deficiency in the

[[Page 29503]]

experience prescribed for the endorsement or endorsement desired and 
passed any necessary examination.


Sec.  10.225  Issuance of Merchant Mariner Credentials.

    (a) Applications are valid for 12 months from the date of approval.
    (b) Oath. Every person who receives an original MMC must first take 
an oath, before an official authorized to give such oath, that he or 
she will faithfully and honestly, according to his or her best skill 
and judgment, without concealment or reservation, perform all the 
duties required by law and obey all lawful orders of superior officers. 
An oath may be administered by any Coast Guard-designated individual or 
any person legally permitted to administer oaths in the jurisdiction 
where the person taking the oath resides. An oath administered at a 
location other than those listed in Sec.  10.217 must be verified in 
writing by the administering official and submitted to the same 
Regional Examination Center 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.
    (c) 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.
    (d) When a new MMC is issued, the mariner must return the 
previously issued MMC, License, MMD, or STCW Endorsement, unless the 
new MMC is being issued to replace a lost or stolen credential.


Sec.  10.227  Additional requirements for renewal.

    (a) In addition to the requirements in Sec.  10.209 of this part, 
applicants for renewal must also meet the requirements of this section. 
Except as provided in paragraph (i) of this section, an applicant for 
renewal of a credential must establish possession of all of the 
necessary qualifications before the MMC will be renewed.
    (b) A credential may be renewed at any time during its validity and 
for one year after expiration.
    (c) Applications are valid for 12 months from the date of approval.
    (d) Each application must be on a Coast Guard-furnished form and be 
accompanied by the appropriate fee set forth in Sec.  10.219 of this 
part.
    (e) The applicant must submit the original or a photocopy of the 
MMC, MMD, License, Certificate of Registry, or STCW Endorsement to be 
renewed. A photocopy must include the back and any attachments. If 
requested, the old credential, with the exception of the MMC, will be 
returned to the applicant.
    (f) 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.
    (g) Professional requirements. (1) In order to renew a License or 
MMC with endorsement as master, mate, engineer, pilot, operator, or 
qualified rating the applicant must either--
    (i) Present evidence of at least one year of sea service during the 
past five 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 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 exercise.
    (2) The qualification requirements for renewal of radar observer 
endorsement are in Sec.  11.480 of this chapter.
    (3) Additional qualification requirements for renewal of an officer 
endorsement as first-class pilot are contained in Sec.  11.713 of this 
chapter.
    (4) An applicant for renewal of a radio officer's endorsement must, 
in addition to meeting the requirements of this section, present a 
currently valid license as first- or second-class radiotelegraph 
operator issued by the Federal Communications Commission. This license 
will be returned to the applicant.
    (5) 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.
    (6) An applicant for renewal of an endorsement as master or mate 
(pilot) of towing vessels must submit satisfactory evidence of--
    (i) Having completed a practical demonstration of maneuvering and 
handling a towing vessel to the satisfaction of a designated examiner; 
or
    (ii) Ongoing participation in training and drills during the 
validity of the License or MMC being renewed.
    (h) Except as otherwise provided, each candidate for a renewal of 
an STCW endorsement must meet the applicable requirements of Sec.  
11.202 of this chapter and must meet the requirements of Section A-VI/
2, paragraph 1 to 4 of the STCW Code.
    (i) Inactive renewal (certificate of continuity). (1) Applicants 
for renewal who are unwilling or otherwise unable to meet the 
requirements of paragraph (g) of this section or the medical and 
physical standards of Sec.  10.215 of this part may renew their 
credential by applying for a certificate of continuity. The certificate 
of continuity will appear in the form of an MMC with the following 
restrictive endorsement: ``Merchant Mariner Credential renewed for 
continuity purposes only; service under the authority of this 
credential is prohibited.'' Holders of MMCs with this continuity 
endorsement may have the prohibition rescinded at any time by 
satisfying the renewal requirements in paragraph (g) of this section, 
and the medical and physical standards of Sec. Sec.  10.215 and 
10.209(c)(9).
    (2) Applications for renewal with the continuity endorsement must 
include:
    (i) The credential to be renewed, or, if it is unexpired, a 
photocopy of the credential 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 MMC, and of 
the requirements for rescinding the continuity endorsement.
    (j) Administrative grace period. Except as provided herein, a 
credential may not be renewed more than 12 months after it has expired. 
To obtain a reissuance of the credential, an applicant must comply with 
the requirements of paragraph (k) 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

[[Page 29504]]

credential. A License, MMD, COR, STCW Certificate, MMC, and any 
endorsements, are not valid for use after the expiration date.
    (k) Re-issuance of expired credentials. (1) Whenever an applicant 
applies for re-issuance of an endorsement as deck officer, engineer 
officer, or qualified rating more than 12 months after expiration, 
instead of the requirements of paragraph (g) of this section, the 
applicant must demonstrate continued professional knowledge by 
completing a course approved for this purpose, or by passing the 
complete examination. The examination may be oral-assisted if the 
expired credential was awarded on an oral exam. The fees set forth in 
Sec.  10.219 apply to these examinations. In the case of an expired 
radio officer's endorsement, the endorsement may be issued upon 
presentation of a valid first- or second-class radiotelegraph operator 
license issued by the Federal Communications Commission.
    (2) An endorsement for chief purser, purser, senior assistant 
purser, junior assistant purser, hospital corpsman, marine physician 
assistant, medical doctor, or professional nurse that has been expired 
for more than 12 months shall be renewed in the same way as a current 
endorsement of that type. There are no additional requirements for 
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.
    (l) Submission of application materials. The written portion of the 
application may be submitted by mail, fax, or other electronic means. 
The written portion of the application may include:
    (1) A properly completed application on a Coast Guard furnished 
form and the evaluation fee required by Sec.  10.219 of this part;
    (2) The expired credential to be renewed; or, if it has not 
expired, a photocopy of the credential, including the back and all 
attachments;
    (3) Proof that the applicant passed the applicable vision, hearing, 
medical or physical exam as required by Sec.  10.215 of this part;
    (4) If the applicant desires to renew a credential with a radar 
observer endorsement, either the radar observer certificate or a 
certified copy;
    (5) Evidence of, or acceptable substitute for, sea service for the 
renewal of an officer's endorsement;
    (6) For an endorsement as a medical doctor or professional nurse, 
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; 
and
    (7) The open-book exercise, if required, may be administered 
through the mail.


Sec.  10.229  Issuance of duplicate Merchant Mariner Credentials.

    (a) Upon request and without examination, a mariner may be issued a 
duplicate credential after submitting an application with an affidavit 
describing the circumstances of the loss. The Coast Guard will only 
issue the duplicate credential after confirming the validity of the 
mariner's credential and TWIC.
    (b) The duplicate will have the same authority, wording, and 
expiration date as the lost credential. A duplicate credential will 
reference the serial number, type, place of issue, and date of issue of 
the replaced credential(s). The duplicate issued will be in the form of 
an MMC. Until [date 5 years after the effective date of the final 
rule], if a mariner seeks a duplicate of more than one credential, the 
MMC issued will reflect endorsements for all credentials lost, and the 
expiration date will match the earliest expiration date of the 
credentials lost.
    (c) If a person loses a credential by shipwreck or other casualty, 
a duplicate will be issued free of charge. The term ``other 
casualties'' includes any damage to a ship caused by collision, 
explosion, tornado, wreck, flooding, beaching, grounding, or fire; or 
personal loss associated with a federally declared natural disaster.
    (d) If a person loses a credential by means other than those noted 
in paragraph (c) of this section and applies for a duplicate, the 
appropriate fee set out in Sec.  10.219 must be paid.
    (e) No application from an alien for a duplicate credential will be 
accepted unless the alien complies with the requirements of Sec.  
10.221 of this part.
    (f) The Coast Guard may deny applications for duplicate credentials 
for any reason listed in Sec.  10.211.


Sec.  10.231  Additional requirements for raises of grade for officer 
endorsements.

    (a) General. In addition to the requirements of Sec.  10.209, 
before any person is issued a raise of grade of officer endorsement, 
the applicant must present satisfactory documentary evidence of 
eligibility. Each applicant must make written application on a Coast 
Guard furnished form and, unless exempted under Sec.  10.219(h), submit 
the evaluation fee set out in Sec.  10.219 of this part.
    (b) Surrendering old License or MMC. Upon the issuance of a new 
endorsement for raise of grade, the applicant must surrender the old 
License or MMC to the OCMI. If requested, the old License or MMC may be 
returned to the applicant after cancellation.
    (c) Age, experience, training, and assessment. (1) Each applicant 
for a raise of grade must establish that he or she possesses the age, 
experience, and training necessary, and has been examined and otherwise 
assessed as may be required to establish competence to hold the 
particular endorsement requested, before he or she is entitled to a 
raise in grade.
    (2) Applicants for raise of grade must present to the OCMI at a 
Regional Examination Center or other Coast Guard-designated facility, 
letters, discharges, or other official documents certifying to the 
amount and character of their experience and the names of the vessels 
on which acquired. Certificates of discharge are returned to the 
applicant after review by the OCMI. All other documentary evidence of 
service, or copies thereof, are filed with the application.
    (3) Sea service acquired prior to the issuance of the officer 
endorsement held is generally not accepted as any part of the service 
required for raise of grade of that endorsement. However, service 
acquired prior to 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 in 
grade; service acquired before the issuance of such officer 
endorsements will, therefore, be accepted.
    (4) 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.
    (5) 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 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 the qualifying experience on foreign vessels 
shall submit satisfactory documentary evidence of such service 
(including any necessary

[[Page 29505]]

translations into English) in the forms prescribed by paragraph (c)(2) 
of this section.
    (6) 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.
    (d) Professional examination. (1) (i) When the OCMI finds an 
applicant's experience and training for raise of grade to be 
satisfactory and the applicant is eligible in all other respects, the 
OCMI will authorize the examination. Oral-assisted examinations may be 
administered in accordance with Sec.  11.205(f) of this chapter. The 
OCMI will place in the applicant's file a record indicating the 
subjects covered.
    (ii) 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.
    (2) The qualification requirements for radar observer are contained 
in Sec.  11.480 of this chapter.
    (e) Firefighting certificate. Applicants for endorsements for which 
Sec.  11.205(d) of this chapter applies must meet the requirements 
contained in that section.


Sec.  10.233  Obligations of the holder of a Merchant Mariner 
Credential.

    (a) The holder of a credential may not voluntarily part with it or 
place it beyond his or her personal control by pledging or depositing 
it with any other person for any purpose. If the holder violates this 
section, he or she may be proceeded against under part 5 of this 
chapter, looking to a suspension or revocation of the License or 
credential.
    (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 
request.


Sec.  10.235  Suspension or revocation of Merchant Mariner Credentials.

    (a) Any MMC or endorsement is subject to suspension or revocation 
on the same grounds, in the same manner, and with like procedure as 
provided in 46 U.S.C. chapter 77.
    (b) When any individual's credential is revoked, it is no longer 
valid for any purpose and any MMC subsequently requested must be 
applied for as an original. When an endorsement on an individual's MMC 
is revoked, it is no longer valid and any endorsement of the same type 
subsequently requested must be applied for as an original. When an 
officer's endorsement is revoked, the Coast Guard will issue an MMC 
containing any rating endorsement for which the holder is qualified.
    (c) An applicant who has had a TWIC, credential, or endorsement 
revoked, and who is applying for a subsequent MMC or endorsement, must 
state in his or her application the date of revocation, the serial 
number of the document revoked, and the type of document or endorsement 
revoked.
    (d) A person whose credential or endorsement has been revoked or 
suspended without probation may not be issued a replacement credential 
or endorsement without approval of the Commandant.
    (e) When a credential or endorsement that is about to expire has 
been suspended, the renewal of the credential or endorsement will be 
withheld until expiration of the suspension period.
    (f) An applicant for renewal or return of a credential with 
endorsement as master or mate (pilot) of towing vessels whose most 
recent credential has been suspended or revoked by an administrative 
law judge for incompetence must complete the practical demonstration 
required under Sec.  10.227(g)(6)(i).
    (g) If the Coast Guard is advised by the Transportation Security 
Administration that a mariner's TWIC has been revoked, the mariner's 
credential will immediately become invalid. If a credential is 
invalidated in this manner, the Coast Guard will notify the applicant 
in writing of the invalidation, the reason for the invalidation, and 
their right of appeal.


Sec.  10.237  Right of appeal.

    (a) 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.
    (b) 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, unless the Coast Guard determines that such disclosure of 
information is prohibited by law, regulation, or agency policy.

PART 11--NEWLY REDESIGNATED FROM PART 10 AND AMENDED]

    91. 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.

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


Sec.  11.101  Purpose of regulations.

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


Sec.  11.102  Incorporation by reference.

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

[[Page 29506]]

Standards (G-PSO), 2100 Second Street SW., Washington, DC 20593-0001, 
and is available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1, 7SR, England:
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended (the 
STCW Convention or the STCW), approved for incorporation by reference 
in Sec.  Sec.  11.202, 11.304, 11.603; 11.901, 11.903, 11.1005, and 
11.1105.
    (2) The Seafarers'' Training, Certification and Watchkeeping Code, 
as amended (the STCW Code), approved for incorporation by reference in 
Sec.  Sec.  11.202, 11.304, 11.603, 11.901, 11.903, 11.1005, and 
11.1105.


Sec.  11.103  [Removed and Reserved]

    94. Remove and reserve newly redesignated Sec.  11.103.


Sec.  11.105  [Removed and Reserved]

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


Sec.  11.107  Paperwork approval.

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


Sec.  11.109  [Removed and Reserved]

    97. Remove and reserve newly redesignated Sec.  11.109.


Sec.  11.110  [Removed and Reserved]

    98. Remove and reserve newly redesignated Sec.  11.110.


Sec.  11.111  [Removed and Reserved]

    99. Remove and reserve newly redesignated Sec.  11.111.


Sec.  11.112  [Removed and Reserved]

    100. Remove and reserve newly redesignated Sec.  11.112.


Sec.  11.201  [Amended]

    101. In newly redesignated Sec.  11.201--
    a. In the section heading, remove the words ``licenses and 
certificates of registry'' and add, in their place, the words ``officer 
endorsements and STCW endorsements'';
    b. In paragraph (a), remove the words ``The applicant for a license 
or certificate of registry'', and add the words ``In addition to the 
requirements of part 10 of this chapter, the applicant for an officer 
endorsement''; and, after the words ``will issue a'', remove the words 
``license or certificate of registry'' and add, in their place, the 
words ``merchant mariner credential (MMC)'';
    c. Remove paragraphs (b) and (j) and redesignate paragraphs (c) 
through (i) as paragraphs (b) through (h), respectively;
    d. In redesignated paragraph (b), remove the text ``Sec.  
10.467(h)''; and add, in its place, the text ``Sec.  11.467(h)'' and 
remove the words ``of the part, an applicant for a license'' and add, 
in their place, the words ``this part, an applicant for an officer 
endorsement'';
    e. Revise redesignated paragraph (c) to read as set out below;
    f. In redesignated paragraph (d), remove the words ``license or 
certificate of registry'' and add, in their place, the words ``officer 
endorsement'';
    g. Revise redesignated paragraph (e) to read as set out below;
    h. In redesignated paragraph (f), remove the word ``recommended'' 
and add, in its place, the word ``encouraged'' and remove the words 
``of ascertaining'' and add, in their place, the words ``to 
ascertain''; and before the words ``color vision'' remove the word 
``and''; and after the words ``color vision'', add the words ``, 
hearing, and general physical condition''; and remove the words ``of an 
officer at sea is cause for denial of a license'' and add, in their 
place, the words ``required of an officer at sea is cause for denial of 
an officer endorsement'';
    i. Revise redesignated paragraphs (g) and (h) and add new paragraph 
(i) to read as follows:


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

* * * * *
    (c) An applicant for an officer endorsement must have at least 3 
months of qualifying service on vessels of appropriate tonnage or 
horsepower within the 3 years immediately preceding the date of 
application.
* * * * *
    (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 Sec.  10.209 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 200-1600 GRT;
    (v) Ballast control operator;
    (vi) Assistant engineer (MODU);
    (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 4000 
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;
    (vi) Designated duty engineer of vessels of not more than 1,000 
horsepower; or
    (vii) Apprentice mate (steersman) of towing vessels.
* * * * *
    (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 operator of uninspected 
passenger vessels 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 operator of uninspected passenger vessels license 
applicants. The authority granted by a license will be restricted on 
its face 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.
    102. Revise newly redesignated Sec.  11.202 to read as follows:


Sec.  11.202  STCW endorsements.

    (a) When an original MMC is issued, renewed, upgraded, or otherwise 
modified, the OCMI will determine

[[Page 29507]]

whether the applicant needs to have an STCW endorsement for service on 
a seagoing vessel and then, if the applicant is qualified, will issue 
the appropriate endorsement. The OCMI will also issue an STCW 
endorsement at other times, if circumstances so require and if the 
applicant is qualified to hold the endorsement.
    (b) Basic safety training or instruction. Except as provided in 
paragraph (f) of this section, an STCW endorsement will be issued only 
when the candidate provides evidence of having achieved or, if training 
has been completed, having maintained the minimum standards of 
competence for the following four areas of basic safety within the 
previous five years upon assessment of a practical demonstration of 
skills and abilities:
    (1) Personal survival techniques as set out in table A-VI/1-1 of 
the STCW Code (Incorporated by reference in Sec.  11.102).
    (2) Fire prevention and fire-fighting as set out in table A-VI/1-2 
of the STCW Code (Incorporated by reference, see Sec.  11.102.).
    (3) Elementary first aid as set out in table A-VI/1-3 of the STCW 
Code (Incorporated by reference, see Sec.  11.102.).
    (4) Personal safety and social responsibilities as set out in table 
A-VI/1-4 of the STCW Code (Incorporated by reference Sec.  11.102.).
    (c) Competence in the use of Automatic Radar-Plotting Aids (ARPA). 
(1) Subject to paragraphs (c)(2) and (f) of this section, each 
candidate for an STCW endorsement as master or mate for service on 
vessels in ocean or near-coastal service, must present a certificate of 
completion from an approved course or from accepted training on an ARPA 
simulator. The course or training must be sufficient to establish that 
the applicant is competent to maintain safe navigation through the 
proper use of ARPA, by correctly interpreting and analyzing the 
information obtained from that device and taking into account both the 
limitations of the equipment and the prevailing circumstances and 
conditions. The simulator used in the course or training must meet or 
exceed the performance standards established under STCW Regulation I/12 
of the 1995 Amendments.
    (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 in vessels in ocean or near-coastal service, 
shall present:
    (i) A certificate for operator of radio in the GMDSS issued by the 
Federal Communication Commission (FCC); and
    (ii) A certificate of completion from a Coast Guard-approved or 
accepted course for operator of radio in the GMDSS or from another 
approved or accepted program of training and assessment covering the 
same areas of competence. The course or program must be sufficient to 
establish that the applicant is competent to perform radio duties on a 
vessel participating in the GMDSS and meets the standard of competence 
under STCW Regulation IV/2.
    (2) Paragraph (d)(1) of this section does not apply to a candidate 
intending to serve only as a pilot, or intending to serve only on 
vessels not required to comply with the provisions of the GMDSS in 
Chapter IV of the Convention for the Safety of Life at Sea, 1974, as 
amended (SOLAS).
    (3) Each candidate presenting a certificate described in paragraph 
(d)(1) of this section may receive a GMDSS endorsement.
    (e) Procedures for bridge team work. Except as otherwise provided 
in paragraph (f) of this section, each candidate for an STCW 
endorsement as master or mate for service on vessels in ocean or near-
coastal service, must present sufficient documentary proof that he or 
she understands and can effectively apply procedures for bridge team 
work as an essential aspect of maintaining a safe navigational watch, 
taking into account the principles of bridge-resource management 
enumerated in Section B-VIII/2 of the STCW Code.
    (f) Notwithstanding paragraph (b) through (e) of this section, 
Sec.  11.304, and Sec.  11.901, each mariner found qualified to hold 
any of the following officer endorsements will also be entitled to hold 
an STCW endorsement corresponding to the service or other limitations 
on the MMC, because the vessels concerned are not subject to further 
obligation under STCW because of their special operating conditions as 
small vessels engaged in domestic voyages:
    (1) Masters, mates, or engineers endorsed for service on small 
passenger vessels that are subject to subchapter T or K of this chapter 
and that operate beyond the boundary line.
    (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.
    103. Revise newly redesignated Sec.  11.203 to read as follows:


Sec.  11.203  Quick reference table for MMC requirements.

    Table 11.203 provides a guide to the requirements for officer 
endorsements. Provisions in the reference section are controlling.

[[Page 29508]]



                                                                                                              Table 11.203
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Recommendations                                            Demonstration of
      Endorsement category            Minimum age         Citizenship         Medical and         Experience         and character       Firefighting      Professional exam     professional     Recency of service   First aid and CPR
                                                                             physical exam                               check                                                      ability
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Master, mates and operators of    21, 11.201(e)       U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 11.205(e);     11.205(c).........  11.205(d) Note:     Yes, 11.205 (f);    Yes, 11.901(c);     Yes, 3 months in    11.205(e) Note:
 uninspected passenger vessels     Note: exceptions.   no exceptions.      exceptions.         subpart D.                              exceptions.         11.910 Note:        11.903(c).          past 3 years,       exceptions.
 (original).                                                                                                                                               11.903(b).                              11.201(c).
Engineers (original)............  21, 11.201(e)       U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 11.205(e);     11.205(c).........  11.205(d).........  11.205(f); 11.950.  Yes, 11.901(c);     Yes, 3 months in    11.205(e) Note:
                                   Note: exceptions.   no exceptions.      exceptions.         subpart E.                                                                      11.903(c).          past 3 years,       exceptions.
                                                                                                                                                                                                   11.201(c).
Officer raises of grade.........  21, 11.201(e)       U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 10.231(c);     N/A...............  Yes; 10.231(e)....  Yes, 10.231(d);     Yes, 11.901(c);     Yes, 3 months in    N/A.
                                   Note: exceptions.   no exceptions.      exceptions.         subpart D and E.                                            11.910; 11.920;     11.903(c).          past 3 years,
                                                                                                                                                           11.950.                                 11.201(c).
Officer renewals................  N/A...............  U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 10.227(g)      N/A...............  N/A...............  10.227(g).........  Towing officers,    Yes, 1 year in      N/A.
                                                       no exceptions.      exceptions.         Note: exceptions.                                                               10.227(i).          past 5, 10.227(g)
                                                                                                                                                                                                   Note: alternative.
Pilot...........................  21, 46 U.S.C. 7101  U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 11.703.......  11.205(c).........  N/A...............  11.707; 11.910....  N/A...............  Yes, 11.703,        11.205(e) Note:
                                                       no exceptions.      exceptions.                                                                                                             11.75(e), 11.713.   exceptions.
Towing vessels..................  21, Master 19,      U.S., 10.209(c)(6)  Yes, 10.215 Note:   Yes, 10.464;        11.205(c).........  Yes, 11.205(d)      Yes, 11.205 (f);    Yes, 11.464;        Yes, 3 months in    11.205(e) Note:
                                   Mate 18, App.       no exceptions.      exceptions.         10.465; 10.466.                         oceans.             11.910 Note:        11.465; 11.901(c).  past 3 years,       exceptions.
                                   Mate 11.201(e).                                                                                                         11.903(b).                              11.201(c).
Uninspected fishing industry      21, 11.201(e)       U.S., 10.209(c)(6)  Yes, 10.215 Note:   Deck: 11.462; Eng:  11.205(c).........  11.205(d) Note:     Yes, 11.205 (f);    N/A...............  Yes, 3 months in    11.205(e) Note:
 vessels.                          Note: exceptions.   no exceptions.      exceptions.         11.530.                                 exceptions.         11.910 Note:                            past 3 years,       exceptions.
                                                                                                                                                           11.903(b).                              11.201(c).
Radio officer...................  19, 11.201(e)(1)..  U.S., 10.209(c)(6)  Yes, 10.215 Note:   11.603............  11.205(c).........  N/A...............  N/A...............  N/A...............  N/A...............  11.205(e) Note:
                                                       no exceptions.      exceptions.                                                                                                                                 exceptions.
Staff officer...................  N/A...............  U.S., 10.209(c)(6)  Yes, 10.215 Note:   11.807............  11.205(c).........  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       no exceptions.      exceptions.
Staff officer renewals..........  N/A...............  U.S., 10.209(c)(6)  Yes, 10.215 Note:   10.227(g)(5)......  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A
                                                       no exceptions.      exceptions.

[[Page 29509]]

 
Offshore installation manager,    21, 11.201(e)       U.S., 10.209(c)(6)  Yes, 10.215 Note:   OIM: 11.470 B.S.:   11.205(c).........  11.205(d).........  Yes, 11.205(f);     N/A...............  Yes, 3 months in    11.205(e) Note:
 barge supervisor, ballast         Note: exceptions.   no exceptions.      exceptions.         11.472 BCO:                                                 11.920.                                 past 3 years,       exceptions.
 control operator.                                                                             11.474 Eng:                                                                                         11.201(c).
                                                                                               11.540.
Able seamen.....................  18, 12.05-3(a)(1).  U.S. or alien       Yes, 10.215 Note:   12.05-7...........  N/A...............  N/A...............  Yes, 12.05-3(a)...  Yes, 12.05-3(c);    Yes, 1 year in      12.05-3(b).
                                                       admitted for        exceptions.                                                                                         12.05-9.            past 5, 10.227(g)
                                                       permanent                                                                                                                                   Note: alternative.
                                                       residence,
                                                       10.209(c)(6)
                                                       10.221.
Qualified members of engine       N/A...............  U.S. or alien       Yes, 10.215 Note:   12.15-7...........  N/1...............  N/A...............  Yes, 12.15-9......  Yes, 12.15-3(d)...  Yes, 1 year in      12.15-3(d).
 department.                                           admitted for        exceptions.                                                                                                             past 5, 10.227(g)
                                                       permanent                                                                                                                                   Note: alternative.
                                                       residence,
                                                       10.209(c)(6)
                                                       10.221.
Entry level ratings.............  N/A...............  U.S. or alien       Yes, 10.215 Note:   N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A...............  N/A.
                                                       admitted for        exceptions.
                                                       permanent
                                                       residence,
                                                       10.209(c)(6)
                                                       10.221.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 29510]]

Sec.  11.204  [Removed and reserved]

    104. Remove and reserve newly redesignated Sec.  11.204--
    105. In newly redesignated Sec.  11.205--
    a. Revise the section heading and paragraph (a) to read as set out 
below;
    b. Remove paragraphs (b) through (d) and (j) through (o); and 
redesignate paragraphs (e) through (i) as paragraphs (b) through (f); 
and redesignate paragraph (p) as paragraph (g);
    c. In redesignated paragraph (b)(1), remove the words ``licenses 
and certificates of registry'' and add, in their place, the words 
``officer or STCW endorsements''; and remove the words ``A license'' 
and add, in their place, the words ``An MMC'';
    d. In redesignated paragraph (b)(2), remove the words ``license or 
certificate of registry'' and add, in their place, the words ``officer 
or STCW endorsement'';
    e. In redesignated paragraph (b)(3), remove the word ``license'' 
and add, in its place, the words ``officer or STCW endorsement''; and 
remove the words ``paragraph (e)(1)'' and add, in their place, the 
words ``paragraph (b)(1)'';
    f. In redesignated paragraph (b)(4), after the words ``No applicant 
for an original'' remove the word ``license'' and add, in its place, 
the words ``officer or STCW endorsement''; and after the words ``will 
be given an original'', remove the word ``license'' and add, in its 
place, the words ``officer endorsement''; and, after the words ``of a 
foreign'', remove the word ``license'' and add, in its place, the word 
``credential'';
    g. Revise redesignated paragraph (c) to read as set out below;
    h. In redesignated paragraph (d), remove the words ``the licenses'' 
and add, in their place, the words ``officer endorsements'', and after 
the words ``date of the application for the'', remove the word 
``license'' and add, in its place, the words ``officer endorsement'';
    i. Revise redesignated paragraphs (d)(1) through (5) to read as set 
out below;
    j. In redesignated paragraph (e), remove the words ``license or 
certificate of registry'' and add, in their place, the words ``officer 
endorsement''; and remove the words ``Sec. Sec.  10.429, 10.456, and 
10.466'' and add, in their place the words ``Sec.  Sec.  11.429, 
11.456, and 11.466'';
    k. In redesignated paragraph (e)(1), remove the words ``within the 
past 12 months'' and add, in their place, the words ``not more than one 
year from the date of application'';
    l. In redesignated paragraph (f)(1)(i), remove the word ``license'' 
wherever it appears and add, in its place, the words ``officer 
endorsement''; and, after the words ``500 gross tons, or'', remove the 
word ``a'' and add, in its place, the word ``an'';
    m. In redesignated paragraph (f)(1)(ii), remove the word 
``licenses'' and add, in its place, the words ``officer endorsements'';
    n. In redesignated paragraph (f)(2), remove the word ``license'';
    o. In redesignated paragraph (f)(4), remove the words ``license as 
radio officer or a certificate of registry'' and add, in their place, 
the words ``staff officer or radio officer endorsement''; and
    p. In redesignated paragraph (g), remove the words ``license 
shall'' and add, in their place, the words ``STCW endorsement must''; 
and after the words ``to the particular'', remove the word ``license'' 
and add, in its place, the word ``endorsement''; and after the words 
``The OCMI must be satisfied'', remove the words ``as to'' and add, in 
their place, the word ``with''; and after the words ``The OCMI will 
place'', remove the words ``in the file of each candidate''; and, after 
the words ``the requirements were fulfilled'', add the words ``in the 
file of each candidate''


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

    (a) General. In addition to the requirements in part 10 of this 
chapter and Sec. Sec.  11.201 through 11.203, the applicant for an 
original officer endorsement must also satisfy the requirements of this 
section.
* * * * *
    (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.
    (ii) 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.
    (iii) 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.
    (iv) For an endorsement for which no commercial experience may be 
required, such as master or mate 25-200 gross tons, operator of 
uninspected passenger vessels, 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.
    (v) 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.
    (vi) If an original license, certificate of registry, or 
endorsement has been issued when information about the applicant's 
habits of life and character is brought to the attention of the OCMI, 
if such information warrants the belief that the applicant cannot be 
entrusted with the duties and responsibilities of the license, 
certificate of registry, or endorsement issued, or if such information 
indicates that the application for the license, certificate of 
registry, or endorsement was false or incomplete, the OCMI may notify 
the holder in writing that the license, certificate of registry, or 
endorsement is considered null and void, direct the holder to return 
the credential to the OCMI, and advise the holder that, upon return of 
the credential, the appeal procedures of Sec.  10.235 of this chapter 
apply.
    (d) * * *
    (1) Officer endorsement as master on vessels of 200 GRT or less in 
ocean service.
    (2) Officer endorsements as master or mate on vessels of over 200 
GRT.
    (3) All officer endorsements for master or mate (pilot) of towing 
vessels,

[[Page 29511]]

except apprentice mate (steersman) of the vessels, on oceans.
    (4) All officer endorsements for mobile offshore drilling units.
    (5) All officer endorsements for engineers.
* * * * *


Sec.  11.207  [Removed and Reserved]

    106. Remove and reserve newly redesignated Sec.  11.207.


Sec.  11.209  [Removed and Reserved]

    107. Remove and reserve newly redesignated Sec.  11.209.


Sec.  11.210  [Removed and Reserved]

    108. Remove and reserve newly redesignated Sec.  11.210.


Sec.  11.211  [Amended]

    109. In newly redesignated Sec.  11.211--
    a. In the section heading, remove the words ``licensing purposes'' 
and add, in their place, the words ``officer endorsements'';
    b. In paragraph (a), remove the words ``licensing purposes'' and 
add, in their place, the words, ``the purposes of this part''; and 
remove the words ``officials or licensed masters'' and add, in their 
place, the words ``officials, or individuals holding an officer 
endorsement or license as master.'';
    c. In paragraph (b) introductory text, remove the word ``license'' 
and add, in its place, the words ``officer endorsement'';
    d. In paragraph (c), after the words ``raise of grade'' remove the 
word ``license'' and add, in its place, the words ``officer 
endorsement''; and after the words ``equivalent while holding''; remove 
the word ``a'' and add, in its place, the words ``an officer 
endorsement or''; and, after the words ``unlimited, nonrestricted'' 
remove the word ``licenses'' and add in its place the words ``officer 
licenses or endorsements''; and
    e. In paragraph (d), after the words ``raise of grade of any 
deck'', remove the word ``licenses'' and add, in its place, the words 
``officer endorsement''; and, after the words ``required for an 
unlimited'', remove the word ``license'' and add, in its place, the 
words ``officer endorsement''.


Sec.  11.213  [Amended]

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


Sec.  11.215  [Removed and Reserved]

    111. Remove and reserve Sec.  11.215.


Sec.  11.217  [Amended]

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


Sec.  11.219  [Removed and Reserved]

    113. Remove and reserve newly redesignated Sec.  11.219.


Sec.  11.221  [Removed and Reserved]

    114. Remove and reserve newly redesignated Sec.  11.221.


Sec.  11.223  [Removed and Reserved]

    115. Remove and reserve newly redesignated Sec.  11.223.


Sec.  11.302  [Amended]

    116. In newly redesignated Sec.  11.302(e), remove the words 
``parts 10, 12, 13 or 15,'' and add, in their place, the words ``parts 
10, 11, 12, 13, or 15''.


Sec.  11.304  [Amended]

    117. In newly redesignated Sec.  11.304--
    a. In paragraph (a), remove the words ``licenses and for qualified 
ratings of unlicensed personnel'' and add, in their place, the words 
``officer endorsements and for qualified rating endorsements''; and 
remove the words ``licenses and ratings is maintained by Commanding 
Officer, National Maritime Center, NMC-4B'' and add, in their place, 
the words ``endorsements is maintained by the National Maritime 
Center''; after the words ``two-thirds of the required service on deck 
or in the engine department for deck or engineer'', remove the words 
``licenses, respectively, and for qualified ratings'' and add, in their 
place, the words ``officer endorsements, respectively, and for 
qualified rating endorsements'';
    b. In paragraph (c), remove the words ``a license'' and add, in 
their place, the words ``an officer endorsement'';
    c. In paragraph (d), remove the word ``license'' and add, in its 
place, the words ``officer endorsement'';
    d. In paragraph (e), remove the words ``Sec.  10.202'' and add, in 
their place, the words ``Sec.  11.202'' and remove the words ``both 
applies for an STCW endorsement or'' and add, in their place, the words 
``applies for an STCW endorsement'' and remove the words ``commencing 
on or after August 1, 1998'';
    e. In paragraph (f), remove the words ``Sec.  10.202'' wherever 
they appear and add, in their place, the words ``Sec.  11.202''; remove 
the words ``certificate or endorsement as an officer in charge of an 
engineering watch'' and add, in their place, the words ``STCW 
endorsement as an OICEW or an officer endorsement''; remove the words 
``commencing on or after August 1, 1998''; and, after the words 
``training or sea service'', remove the words ``commencing on or after 
August 1, 1998'';
    f. In paragraph (g)(6), remove the words ``Coast Guard license or 
document'' and add, in their place, the words ``MMC endorsements'';
    g. In paragraph (g)(7), remove the words ``Coast Guard license or 
document'' and add, in their place, the words ``MMC endorsement, 
license, or document'';
    h. In paragraph (h) introductory text, remove the word ``a 
license'' and add, in its place, the word ``an endorsement'';
    i. In paragraph (h)(5), remove the word ``licensed'' and add, in 
its place, the word ``credentialed'';
    j. In paragraph (h)(7), remove the word ``licensed'' and add, in 
its place, the word ``credentialed'' and remove the word ``number'' and 
add, in its place,

[[Page 29512]]

the words ``TWIC and serial number of the MMC, license, or document 
held''; and
    k. In paragraph (h)(8), remove the words ``licenses or documents'' 
and add, in their place, the words ``TWIC and serial number of the MMC, 
license, or document''.


Sec.  11.309  [Amended]

    118. In newly redesignated Sec.  11.309--
    a. In paragraph (a) introductory text, remove the words ``Sec.  
10.302'' and add, in their place, the words ``Sec.  11.302''; and, 
after the words ``hold an STCW'', remove the words ``certificate or'';
    b. In paragraph (a)(3)(iii), after the words ``level of license,'' 
add the word ``officer'';
    c. In paragraph (a)(4), after the words ``maritime license'', add 
the words ``, MMC,'';
    d. In paragraph (b), remove the word ``licenses'' and add, in its 
place, the word ``officer''; and
    e. In paragraph (c)(3), remove the words ``STCW endorsement'' and 
add, in their place, the words ``officer or STCW endorsements''.


Sec.  11.401  [Amended]

    119. In newly redesignated Sec.  11.401--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the words ``or STCW endorsements'';
    b. In paragraph (a), remove the word ``issued'' and add, in its 
place, the words ``or MMC endorsement''; and remove the word 
``licensee'' and add, in its place, the word ``mariner''; and remove 
the words ``license, without additional'';
    c. In paragraph (b), after the words ``A license'', add the words 
or MMC endorsement''; remove the word ``licensee'' and add, in its 
place, the word ``mariner''; and remove the words ``license, without 
additional'';
    d. In paragraph (c), remove the word ``licenses'' wherever it 
appears and add, in its place, the words ``endorsements''; and, before 
the words ``any gross tons'', remove the word ``of'' and add, in its 
place, the word ``for'';
    e. In paragraph (d), remove the word ``licensee''; and add, in its 
place, the word ``mariner'', and after the words ``near coastal 
license'' add the words ``or MMC endorsement''; and, after the words 
``service may have'', remove the words ``the license'' and add, in 
their place the words ``an MMC'';
    f. In paragraph (e), after the words ``holding a license'', add the 
words ``or MMC endorsement''; and, after the words ``near coastal 
unlimited'', remove the word ``license'' and add, in its place, the 
word ``endorsement'';
    g. In paragraph (f), remove the words ``Masters and mates 
licenses'' and add, in their place, the words ``Masters' and mates' 
endorsements''; after the words ``required for conventional'', remove 
the word ``licenses'' and add, in its place, the words ``officer 
endorsements''; after the words ``For example, for'', remove the words 
``a license'' and add, in their place, the words ``an officer 
endorsement''; after the words ``requirements for the conventional'', 
remove the word ``license'' and add, in its place, the words ``officer 
endorsement''; and remove the words ``license endorsement for service 
on vessels of 200 gross tons or less see individual license'' and add, 
in their place, the words ``an endorsement to serve on vessels of 200 
gross tons or less see individual endorsement'';
    h. In paragraph (g) introductory text, remove the word ``license'' 
wherever it appears and add, in its place, the word ``endorsement''; 
after the words ``200 gross tons, or'', remove the word ``a'' and add, 
in its place, the word ``an''; and, after the words ``the scope of'', 
add the word ``the'';
    i. In paragraph (g)(3), remove the word ``licenses'' and add, in 
its place, the word ``endorsements''; and
    j. In paragraph (h), after the words ``for a deck'', remove the 
word ``license'' and add, in its place, the words ``officer 
endorsement''; remove the words ``A license'' and add, in their place, 
the word ``An''; and, after the words ``may be issued'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''.


Sec.  11.402  [Amended]

    120. In newly redesignated Sec.  11.402--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    b. In paragraph (a), remove the word ``license'' and add, in its 
place, the word ``endorsement'';
    c. In paragraph (b), remove the words ``original or raise of grade 
of a license'' and add, in their place, the word ``endorsement'' and 
remove the words ``Sec.  10.407(c)'' and add, in their place, the words 
``Sec.  11.407(e)''; before the words ``is limited to'', remove the 
word ``license'' and add, in its place, the word ``endorsement''; after 
the words ``an unlimited tonnage'', remove the word ``license'' and 
add, in its place, the word ``endorsement'';
    d. In paragraph (c)(1), remove the word ``licensed'' and add in its 
place, the word ``endorsed'';
    e. In paragraph (c)(2), remove the words ``licensed capacity'' and 
add, in their place, the words ``capacity as an officer''; after the 
words ``for which'', remove the word ``licensed'' and, add in its 
place, the word ``endorsed''; after the words ``next higher grade'', 
remove the word ``license'' and add, in its place, the word 
``endorsement'', and, after the words ``limited license'', add the 
words ``or MMC endorsement'';
    f. In paragraph (c)(3), after the words ``a license'', add the 
words ``or endorsement''; and, after the words ``third mate's 
license'', add the words ``or MMC endorsement''; and
    g. In paragraph (d), after the word ``licenses'' wherever it 
appears, add the words ``or endorsements''.


Sec.  11.403  [Amended]

    121. In newly redesignated Sec.  11.403--
    a. In the section heading remove the word ``licenses'' and add, in 
its place, the words ``officer endorsements''; and
    b. In the text, remove the word ``license'' and add, in its place, 
the words ``officer endorsement''.


Sec.  11.404  [Amended]

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


Sec.  11.405  [Amended]

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


Sec.  11.406  [Amended]

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


Sec.  11.407  [Amended]

    125. In newly redesignated Sec.  11.407--
    a. In paragraph (a) introductory text, remove the word ``license'' 
and add, in their place, the words ``an endorsement'';
    b. In paragraph (a)(1), remove the word ``license'' and add, in its 
place, the words ``officer endorsement'';

[[Page 29513]]

    c. In paragraph (b), remove the words ``a license'' and add, in 
their place, the words ``an endorsement''; and
    d. In paragraph (c), after the words ``holding a license'', add the 
words ``or MMC endorsement'' and after the words ``qualify the 
applicant for'' remove the words ``a license'' and add, in their place, 
the words ``an endorsement''.


Sec.  11.410  [Amended]

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


Sec.  11.412  [Amended]

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


Sec.  11.414  [Amended]

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


Sec.  11.416  [Amended]

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


Sec.  11.418  [Amended]

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


Sec.  11.420  [Amended]

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


Sec.  11.421  [Amended]

    131A. In newly redesignated Sec.  11.421, remove the words ``a 
license'' and add, in their place, the words ``an endorsement''; and, 
after the words ``holding a certificate'', add the words ``or 
endorsement''.


Sec.  11.422  [Amended]

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


Sec.  11.424  [Amended]

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


Sec.  11.426  [Amended]

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


Sec.  11.427  [Amended]

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


Sec.  11.428  [Amended]

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


Sec.  11.429  [Amended]

    137. In newly redesignated Sec.  11.429--
    a. In paragraph (a) introductory text after the words ``Limited 
masters' '', remove the word ``licenses'' and add, in its place, the 
word ``endorsements''; after the words ``educational institutions.'', 
remove the words ``A license'' and add, in their place, the words ``An 
endorsement''; and, after the

[[Page 29514]]

words ``obtain this restricted'', remove the word ``license'' and add, 
in its place, the word ``endorsement'';
    b. In paragraph (a)(1), after the words ``for which the'' remove 
the word ``license'' and add, in its place, the word ``endorsement'';
    c. In paragraph (b), remove the words ``Sec.  10.205(h) of this 
part'' and add in their place, the words ``Sec.  11.205(h)''; and
    d. In paragraph (c), after the words ``obtain an endorsement'', 
remove the words ``on this license'' and after the words ``issuance of 
the license'' add the words ``or MMC endorsement''.


Sec.  11.430  [Amended]

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


Sec.  11.431  [Amended]

    139. In newly redesignated Sec.  11.431--
    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 words ``Sec.  10'' and 
add, in their place, the words ``Sec.  11''.


Sec.  11.433  [Amended]

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


Sec.  11.435  [Amended]

    141. In newly redesignated Sec.  11.435--
    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 ``mate/pilot first class pilot 
license'', add the words ``or MMC endorsement''.


Sec.  11.437  [Amended]

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


Sec.  11.442  [Amended]

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


Sec.  11.444  [Amended]

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


Sec.  11.446  [Amended]

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


Sec.  11.448  [Amended]

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


Sec.  11.450  [Amended]

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


Sec.  11.452  [Amended]

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


Sec.  11.454  [Amended]

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


Sec.  11.455  [Amended]

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


Sec.  11.456  [Amended]

    151. In newly redesignated Sec.  11.456--
    a. In the introductory text, after the words ``Limited masters'' 
remove the word ``licenses'' and add, in its place, the word 
``endorsements''; and before

[[Page 29515]]

the words ``issued under this'', remove the words ``A license'' and 
add, in their place, the words ``An endorsement''; and after the words 
``In order to obtain this restricted'', remove the word ``license'' and 
add, in its place, the word ``endorsement'';
    b. In paragraph (a), remove the word ``license'' and add, in its 
place, the word ``endorsement''; and
    c. In paragraph (d), after the words ``required by'', remove the 
text ``Sec.  10'' and add, in its place, the text ``Sec.  11''.


Sec.  11.457  [Amended]

    152. In newly redesignated Sec.  11.457--
    a. In paragraph (a), after the words ``An applicant for'', remove 
the words ``a license'' and add, in their place, the words ``an 
endorsement''; and after the words ``requirements of'', remove the text 
``Sec.  10'' and add, in its place, the text ``Sec.  11''; and
    b. In paragraph (b), after the words ``In order to obtain an 
endorsement'', remove the words ``on this license''; and, after the 
words ``issuance of the license'', add the words ``or MMC 
endorsement''.


Sec.  11.459  [Amended]

    153. In newly redesignated Sec.  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 ``steam or motor'', remove the word 
``license'' and add, in its place, the word ``endorsement''.


Sec.  11.462  [Amended]

    154. In newly redesignated Sec.  11.462--
    a. In the section heading, remove the word ``Licenses'' and add, in 
its place, the word ``Endorsements''.
    b. In paragraph (a) introductory text, remove the word ``licenses'' 
and add, in its place, the word ``endorsements'';
    c. In paragraph (b), before the words ``as master or mate'', remove 
the word ``Licenses'' and add, in its place, the word ``Endorsements''; 
and after the words ``industry vessel'', remove the word ``license'' 
and add, in its place, the word ``endorsement''; and, after the words 
``requirements of'', remove the words ``Sec.  10.401(g) of this 
subpart'' and add, in its place, the text ``Sec.  11.401(g)'';
    d. In paragraph (c) introductory 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 ``must have 
been as'', remove the words ``as licensed master, as unlicensed master, 
or as licensed mate'' and add, in their place, the words ``master, or 
as mate''; and after the words ``while holding a license'', add the 
words ``or MMC endorsement'';
    e. In paragraphs (c)(1) and (c)(2), remove the words ``a license 
of'' wherever they appear and add, in their place, the words ``an 
endorsement for'';
    f. In paragraph (c)(3), remove the words ``a license of'' wherever 
they appear and add, in their place, the words ``an endorsement for''; 
and before the words ``is limited to'', remove the word ``license'' and 
add, in its place, the word ``endorsement''; and before the words ``as 
master of'', remove the words ``A license'' and add, in their place, 
the words ``An endorsement'';
    g. In paragraph (c)(4) introductory text, after the words ``The 
tonnage limitation'' remove the words ``on this license'' and add, in 
their place, the words ``for this endorsement'';
    h. In paragraphs (c)(4)(v) and (c)(4)(vi), after the words 
``holding a license'' wherever they appear, add the words ``or MMC 
endorsement''; and, after the words ``limitation on the'', remove the 
words ``master's license'' wherever they appear and add, in their 
place, the word ``MMC'';
    i. In paragraphs (d) introductory text, (d)(1), and (d)(2), remove 
the words ``a license'' wherever they appear and add, in their place, 
the words ``an endorsement'';
    j. In paragraph (d)(3), after the words ``To qualify for'', remove 
the words ``a license'' and add, in their place, the words ``an 
endorsement''; and, before the words ``is limited to'', remove the word 
``license'' and add, in its place, the word ``endorsement'';
    k. In paragraph (d)(4), after the words ``limitation on this'', 
remove the word ``license'' and add, in its place, the word 
``endorsement'';
    l. In paragraph (d)(4)(iv), after the words ``holding a license'', 
add the words ``or MMC endorsement''; and, after the words ``limitation 
on the'', remove the words ``mate's license'' and add, in their place, 
the word ``MMC'';
    m. In paragraph (d)(4)(v), after the words ``while holding'', 
remove the words ``a license'' and add, in their place, the words ``an 
endorsement''; and, after the words ``limitation on the'', remove the 
words ``mate's license'' and add, in their place, the word ``MMC''; and
    n. In paragraph (d)(4)(vi), after the words ``holding a license'', 
add the words ``or MMC endorsement''; and after the words ``limitation 
on the'', remove the words ``mate's license'' and add, in their place, 
the word ``MMC''.


Sec.  11.463  [Amended]

    155. In newly redesignated Sec.  11.463--
    a. In the section heading, remove the words ``licenses for'' and 
add, in their place, the words ``endorsements as'';
    b. In paragraph (a), 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''.
    156. In newly redesignated Sec.  11.464--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    b. In paragraph (a), remove the words ``a license as master of 
towing vessels endorsed'' and add, in their place, the words ``an 
endorsement as master of towing vessels'' and remove the words ``Table 
10.464-1'' and add, in their place, the words ``Table 11.464(a) of this 
section'';
    c. Redesignate Table 10.464-1 as Table 11.464(a) and revise it to 
read as set out below;
    d. In paragraph (b), after the words ``to obtain an'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''; and, after the words ``columns 2 through 5 of'', remove 
the words ``Table 10.464-2'' and add, in their place, the words ``Table 
11.464(b) of this section'';
    e. Redesignate Table 10.464-2 as Table 11.464(b) and revise the 
heading to read as set out below;
    f. In paragraph (c), after the words ``hold a license'', add the 
words ``or MMC endorsement''; and after the words ``added to your'', 
remove the word ``license'' and add, in its place, the word ``MMC'';
    g. In paragraph (d), after the words ``training and have your'', 
remove the words ``license endorsed'' and add, in their place, the 
words ``MMC include an endorsement'';
    h. In paragraph (e), remove the words ``licensed mariner with 
appropriate'' and add, in their place, the words ``mariner with the 
appropriate endorsement and'';
    i. In paragraph (f) introductory text, after the words ``If you 
hold a license'', add the words ``or MMC endorsement''; and, after the 
words ``restrictions on your'', remove the word ``license'' and add, in 
its place, the word ``endorsement'';
    j. In paragraph (f)(2)(i), after the words ``described in'', remove 
the text ``Sec.  10'' and add, in its place, the text ``Sec.  11'';
    k. In paragraph (f)(3), after the words ``Your license'', add the 
words ``or MMC''; and, after the words ``does not need'', add the words 
``to include''; and
    l. Remove paragraph (g).

[[Page 29516]]

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

* * * * *

                                      Table 11.464(A).--Requirements for Endorsement as Master\1\ of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 1                        2                  3                        4                        5                          6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            TOS \3\ on T/V as mate
           Route endorsed               Total      TOS \3\ on T/V as mate   (pilot) not as harbor    TOS \3\ on particular        Sub-ordinate route
                                     service \2\          (pilot)                   assist                   route                    authorized
(1) OCEANS (O).....................           48  18 of 48...............  12 of 18...............  3 of 18................  NC, GL-I.
(2) NEAR-COASTAL (NC)..............           48  18 of 48...............  12 of 18...............  3 of 18................  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 TOAR on that route, we will add it to your endorsement as master of towing vessels and remove the one for mate
  (pilot) of towing vessels.
\2\ Service is in months.
\3\ TOS is time of service.

* * * * *
    Table 11.464(b)--Requirements for endorsement as master of towing 
vessels (limited).
* * * * *
    157. In newly redesignated Sec.  11.465--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    b. In paragraph (a), after the words ``like to obtain'', remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''; and, after the words ``column 1 of'' remove the words 
``Table 10.465-1'' and add, in their place, the words ``Table 11.465(a) 
of this section''; and after the words ``hold a license'' wherever they 
appear, add the words ``or MMC endorsement''; and, before the words 
``with a route endorsed'', remove the words ``A license'' and add, in 
their place, the words ``An endorsement'';
    c. Redesignate Table 10.465-1 as Table 11.465(a) and revise it to 
read as set out below;
    d. In paragraph (b), after the words ``training and have'', remove 
the words ``license endorsed'' and add, in their place, the words ``MMC 
include an endorsement'';
    e. In paragraph (c), remove the words ``licensed mariner with 
appropriate'' and add, in their place, the words ``mariner with the 
appropriate endorsement an'';
    f. In paragraph (d) introductory text, after the words ``hold a 
license'' add the words ``or MMC endorsement'' and after the words ``on 
your license'' add the words ``or MMC'';
    g. In paragraph (d)(2) introductory text, after the words 
``described in'' remove the words ``Sec.  10'' and add, in their place, 
the words ``Sec.  11'' and redesignate the second paragraph as (d)(3) 
and after the words ``Your license'' add the words ``or MMC'' and after 
the words ``does not need'' add the words ``to include'';
    h. In paragraph (e) after the words ``required by'' remove the 
words ``Sec.  10'' and add, in their place, the words ``Sec.  11''; and
    i. Remove paragraph (f).


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

* * * * *

                                   Table 11.465(A).--Requirements for Endorsement as Mate (Pilot\1\) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
               1                      2                3                    4                    5                    6                     7
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 30 Days of
                                                                                                               observation and
                                                TOS\3\ on T/V as                                               training while
         Route endorsed             Total       apprentice mate         TOS\3\ on          TOAR\4\ or an        holding mater       Subordinate route
                                  service\2\      (Steersman)        particular route     approved course    (limited) and pass         authorized
                                                                                                                  a limited
                                                                                                                 examination
(1) OCEANS (O).................           30  12 of 30...........  3 of 12............  YES................  YES...............  NC, GL-I
(2) NEAR-COASTAL (NC)..........           30  12 of 30...........  3 of 12............  YES................  YES...............  GL-I,
(3) GREAT LAKES-INLAND (GL-I)..           30  12 of 30...........  3 of 12............  YES................  YES...............  .......................
(5) WESTERN RIVERS (WR)........           30  12 of 30...........  3 of 12............  YES................  NO (90 days         .......................
                                                                                                              service
                                                                                                              required)I.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels. All
  qualifications and equivalencies are the same.
\2\ Service is in months unless otherwise indicated.
\3\ TOS is time of service.
\4\ TOAR is Towing Officers' Assessment Record.

* * * * *
    158. In newly redesignated Sec.  11.466--
    a. In paragraph (a), after the words ``As Table'' remove the word 
``10'' and add, in its place, the word ``11'' and after the words 
``like to obtain'', remove the words ``a license'' and add, in their 
place, the words ``an endorsement'';
    b. Redesignate Table 10.466-1 as Table 11.466(a) and revise it to 
read as follows; and
    c. In paragraph (b), after the words ``hold a license'' add the 
words ``or endorsement'' and after the words ``endorsement will go on 
your'' remove the word ``license'' and add, in its place,

[[Page 29517]]

the word ``MMC'' and after the words ``may have the'' remove the words 
``restricted endorsement'' and add, in their place, the word 
``restriction''.


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

* * * * *

                             Table 11.466(A).--Requirements For Endorsement as Apprentice Mate (Steersman) of Towing Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  1                              2                 3                  4                        5                          6
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Total                                TOS\2\ on particular
            License type                  Route endorsed       service\1\       TOS\2\ on T/V                route               Pass examination\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) APPRENTICE MATE (STEERSMAN).....  OCEANS (O)............           18  12 of 18...............  3 of 18................  YES
                                      NEAR-COASTAL (Nc).....           18  12 of 18...............  3 of 18................  YES
                                      GREAT LAKES-..........           18  12 of 18...............  3 of 18................  YES
                                      INLAND (Gl-I).........           18  12 of 18...............  3 of 18................  YES
                                      WESTERN RIVERS (WR)...           18  12 of 18...............  3 of 18................  YES
(2) APPRENTICE MATE (STEERSMAN)       NOT APPLICABLE........           18  12 of 18...............  3 of 18................  YES
 (LIMITED).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  11.467  [Amended]

    159. In newly redesignated Sec.  11.467--
    a. In the section heading, remove the words ``Licenses for 
operators'' and add, in their place, the words ``Endorsement as'';
    b. In paragraph (a), remove the words ``all applicants for the 
license'' and add, in their place, the words ``an applicant for the 
endorsement'';
    c. In paragraph (b), remove the word ``licenses'' wherever it 
appears and add, in its place, the word ``endorsements'' and after the 
words ``local area under paragraph'' remove the word ``(f)'' and add, 
in its place, the word ``(g)'';
    d. In paragraph (c), before the words ``as operator of'' remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement'' and after the words ``uninspected passenger vessel'' 
remove the words ``with a near coastal endorsement'' and add, in their 
place, the words ``on near-coastal waters'';
    e. In paragraph (d), before the words ``as operator of'' remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement'' and after the words ``uninspected passenger vessel'' 
remove the words ``with a Great Lakes and inland waters endorsement'' 
and add, in their place, the words ``on the Great Lakes and inland 
waters'';
    f. In paragraph (e), before the words ``as operator of'' remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement'' and after the words ``uninspected passenger vessel'' 
remove the words ``with an inland endorsement'' and add, in their 
place, the words ``on inland waters'';
    g. Remove paragraph (f), redesignate paragraph (g) as paragraph (f) 
and redesignate paragraph (h) as paragraph (g);
    h. In newly redesignated paragraph (f) introductory text, after the 
words ``uninspected passenger vessel'' remove the word ``licenses'' and 
add, in its place, the word ``endorsements'' and before the words 
``issued under this paragraph'' remove the words ``A license'' and add, 
in its place, the words ``An endorsement'' and after the words ``obtain 
this restricted'' remove the word ``license'' and add, in its place, 
the word ``endorsement'';
    i. In newly redesignated paragraph (f)(1), remove the word 
``license'' and add, in its place, the word ``endorsement'';
    j. In newly redesignated paragraph (f)(4), remove the words Sec.  
10.205(h)'' and add, in their place, the words ``Sec.  10.205(d)''; and
    k. In newly redesignated paragraph (g), remove the words ``a 
license'' wherever they appear and add, in their place, the words ``an 
endorsement''.


Sec.  11.468  [Amended]

    160. In newly redesignated Sec.  11.468--
    a. In the section heading and text, remove the word ``Licenses'' 
wherever it appears and add, in its place, the words ``Officer 
Endorsements''; and
    b. In the text remove the word ``license'' and add, in its place, 
the word ``endorsement''.
    161. In newly redesignated Sec.  11.470--
    a. In the section heading, remove the words ``Licenses for'' and 
add, in their place, the words ``Officer endorsements as'';
    b. Revise paragraph (a) introductory text to read as follows;
    c. In paragraph (b) introductory text, remove the words ``a license 
or'' and add, in their place, the word ``an'';
    d. In paragraph (b)(2)(i), remove the words ``an OIM Unrestricted 
license or endorsement'' and add, in their place, the words ``a license 
or MMC endorsement as OIM Unrestricted'';
    e. In paragraph (d)(2)(iv), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)'';
    f. In paragraph (c), after the words ``unlimited license'' add the 
words ``or MMC endorsement'';
    g. In paragraph (d) introductory text, remove the words ``a 
license'' and add, in their place, the word ``an'';
    h. In paragraph (d)(2)(i), remove the words ``OIM Surface Units 
license or endorsement'' and add, in their place, the words ``license 
or MMC endorsement as OIM Surface Units'';
    i. In paragraph (d)(2)(iv), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)'';
    j. In paragraph (e), after the words ``unlimited license'' add the 
words ``or MMC endorsement'';
    k. In paragraph (f)(2)(i), remove the words ``license or'';
    l. In paragraph (f)(2)(iii), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)'';
    m. In paragraph (g) introductory text, after the words ``unlimited 
license'' add the words ``or MMC endorsement'';
    n. In paragraph (h) introductory text, remove the words ``a license 
or'' and add, in their place, the word ``an'';
    o. In paragraph (h)(2)(iii), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)'';
    p. In paragraph (i), after the words ``unlimited license'' add the 
words ``or MMC endorsement'';
    q. In paragraph (j) introductory text, remove the words ``a license 
or'' and add, in their place, the word ``an'';
    r. In paragraph (j)(2)(i), remove the words ``OIM Bottom Bearing 
Units license or endorsement'' and add, in their place, the words ``a 
license or MMC endorsement as OIM Bottom Bearing Units'';
    s. In paragraph (j)(2)(iii), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)''; and

[[Page 29518]]

    t. In paragraph (k), after the words ``unlimited license'' add the 
words ``or MMC endorsement''.


Sec.  11.470  Officer endorsements as offshore installation manager.

    (a) Officer endorsements as offshore installation manager (OIM) 
include:
* * * * *


Sec.  11.472  [Amended]

    162. In newly redesignated Sec.  11.472--
    a. In the section heading, remove the words ``License for'' and 
add, in their place, the words ``Officer endorsements as'';
    b. In paragraph (a) introductory text, remove the words ``a license 
or'' and add, in their place, the word ``an'';
    c. In paragraph (a)(2)(i), remove the words ``barge supervisor 
license or endorsement'' and add, in their place, the words ``license 
or MMC endorsement as barge supervisor'';
    d. In paragraph (a)(2)(iii), remove the words ``Sec.  10.205(g)'' 
and add, in their place, the words ``Sec.  11.205(d)''; and
    e. In paragraph (b), after the words ``unlimited license'' add the 
words ``or MMC endorsement''.


Sec.  11.474  [Amended]

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


Sec.  11.476  [Removed and Reserved]

    164. Remove and reserve Sec.  11.476.


Sec.  11.480  [Amended]

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


Sec.  11.482  [Amended]

    166. In newly redesignated Sec.  11.482--
    a. In paragraph (a), after the words ``endorsement authorizing'' 
remove the words ``an applicant'' and add, in their place, the words 
``a mariner''; and after the words ``applies to all'' remove the words 
``licenses except those for'' and add, in their place, the words ``MMCs 
except''; and before the words ``master or mate authorizing'' remove 
the words ``those for''; and after the words ``Holders of any of 
these'' remove the word ``licenses'' and add, in its place, the word 
``endorsements''; and remove the words ``the licenses and without the 
endorsement'' and add, in their place, the words ``their MMC or 
license'';
    b. In paragraph (c), 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''; and remove the words `` on which it is endorsed'' 
and add, in their place, the words ``on which it is included''; and 
after the words ``renewed with the'' remove the word ``license'' and 
add, in its place, the word ``MMC''.


Sec.  11.491  [Amended]

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


Sec.  11.493  [Amended]

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


Sec.  11.495  [Amended]

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


Sec.  11.497  [Amended]

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


Sec.  11.501  [Amended]

    171. In newly redesignated Sec.  11.501--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    b. In paragraph (a) introductory text, remove the word ``Licenses'' 
and add, in its place, the words ``Engineer endorsements'';
    c. In paragraph (b) introductory text, remove the word ``licenses'' 
and add, in its place, the word ``endorsements'';
    d. In paragraph (c) introductory text, after the words ``Engineer 
licenses'' add the words ``or MMC endorsements''; and
    e. In paragraph (e), after the words ``holding an engineer 
license'' add the words ``or MMC endorsement'' and after the words 
``limitations of the license'' add the words ``or MMC''.


Sec.  11.502  [Amended]

    172. In newly redesignated Sec.  11.502--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    b. In paragraph (a), after the words ``engineer licenses'' add the 
words ``or MMC endorsements'';
    c. In paragraph (b) introductory text, remove the words ``a 
licensed applicant desires to obtain an endorsement on an engineer 
license in the other propulsion mode (steam or motor)'' and add, in 
their place, the words ``an applicant desires to add a propulsion mode 
to his or her endorsement'' and after the words ``holding a license'' 
add the words ``or MMC endorsement'';
    d. In paragraph (b)(1), remove the words ``licensed capacity'' and 
add, in their place, the words ``capacity as their endorsement'';
    e. In paragraph (b)(2), remove the words ``a licensed officer at a 
lower license level'' and add, in their place, the words ``an engineer 
officer at a lower level''; and
    f. In paragraph (c), after the words ``of an engineer license'' add 
the words ``or MMC endorsement'' and remove the text ``Sec.  10'' and 
add, in their place, the text ``Sec.  11''.


Sec.  11.503  [Amended]

    173. In newly redesignated Sec.  11.503--
    a. In paragraph (a), after the words ``Engineer licenses'' add the 
words ``and

[[Page 29519]]

endorsements'' and after the words ``as provided in'' remove the text 
``Sec.  10'' and add, in its place, the text ``Sec.  11'' and after the 
words ``designated duty engineer'' remove the word ``license'' and 
after the words ``placed on a license'' add the words ``or MMC 
endorsement'';
    b. In paragraph (b), after the words ``an engineer license'' add 
the words ``or MMC endorsement''; and after the words ``designated duty 
engineer'' remove the word ``license''; and after the words 
``limitation is placed on the'' remove the word ``license'' and add, in 
its place, the word ``MMC''; and before the words ``is limited to the'' 
remove the word ``license'' and add, in its place, the word 
``endorsement''; and after the words ``an unlimited horsepower'' remove 
the word ``license'' and add, in its place, the word ``endorsement'';
    c. In paragraph (c) introductory text, remove the words ``engineer 
licenses'' and add, in their place, the words ``an engineer license or 
MMC endorsement'';
    d. In paragraph (c)(1), remove the word ``licensed'' and add, in 
its place, the word ``endorsed'';
    e. In paragraph (c)(2), after the words ``Six months of service'' 
add the words ``as an officer''; and before the words ``capacity other 
than'' remove the word ``licensed''; and after the words ``for which 
licensed'' add the words ``or endorsed''; and after the words ``next 
higher grade'' remove the word ``license'' and add, in its place, the 
word ``endorsement''; and after the words ``issuance of the limited 
license'' add the words ``or MMC endorsement'';
    f. In paragraph (c)(3), after the words ``holding a license'' add 
the words ``or MMC endorsement'' and after the words ``assistant 
engineer's (limited-oceans)'' remove the word ``license'' and add, in 
its place, the word ``endorsement'';
    g. In paragraph (c)(4), after the words ``holding a license'' add 
the words ``or MMC endorsement'' and after the words ``third assistant 
engineer's'' remove the word ``license'' and add, in its place, the 
word ``endorsement''; and
    h. In paragraph (d), after the words ``applicant's license'' add 
the words ``or MMC endorsement''.


Sec.  11.504  [Amended]

    174. In newly redesignated Sec.  11.504--
    a. In the section heading, remove the word ``licenses'' and add, in 
its place, the word ``endorsements''; and
    b. In the text, remove the words ``a license'' and add, in their 
place, the words ``an endorsement''.
    175. In newly redesignated Sec.  11.505--
    a. In the section heading, remove the word ``license'' and add, in 
its place, the word ``officer'';
    b. In the text, remove the word ``license'' and add, in its place, 
the word ``endorsement''; and
    c. Redesignate Figure 10.505 as Figure 11.505 and revise it to read 
as follows:


Sec.  11.505  Engineer officer structure.

    Figure 11.505--Engineer officer endorsement structure
BILLING CODE 4910-15-P

[[Page 29520]]

[GRAPHIC] [TIFF OMITTED] TP22MY06.003

BILLING CODE 4910-15-C


Sec.  11.510  [Amended]

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


Sec.  11.512  [Amended]

    177. In newly redesignated Sec.  11.512, after the words ``qualify 
an applicant for'' remove the word ``license'' and add, in its place, 
the word ``endorsement'' and after the words ``holding a license'' add 
the words or MMC endorsement''.


Sec.  11.514  [Amended]

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


Sec.  11.516  [Amended]

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


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

    The minimum service required to qualify an applicant for 
endorsement as chief engineer (limited-oceans) of steam and/or motor 
vessels is five years total

[[Page 29521]]

service in the engineroom of vessels. Two years of this service must 
have been as an engineer officer. Thirty months of the service must 
have been as a qualified member of the engine department or equivalent 
supervisory position.
    181. Revise newly redesignated Sec.  11.520 to read as follows:


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

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


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

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


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

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


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

    (a) This section applies to endorsements for chief and assistant 
engineers of all vessels, however propelled, navigating the high seas, 
which are documented to engage in the fishing industry, with the 
exception of:
    (1) Wooden ships of primitive build;
    (2) Unrigged vessels; and,
    (3) Vessels of less than 200 gross tons.
    (b) Endorsements as chief engineer and assistant engineer of 
uninspected fishing industry vessels are issued for ocean waters and 
with horsepower limitations in accordance with the provisions of Sec.  
11.503.
    (c) For an endorsement as chief engineer, the applicant must have 
served four years in the engineroom of vessels. One year of this 
service must have been as an assistant engineer officer or equivalent 
supervisory position.
    (d) For an endorsement as assistant engineer, an applicant must 
have served three years in the engine room of vessels.
    (e) Two-thirds of the service required under this section must have 
been on motor vessels.
    (f) Applicants may request an orally assisted examination on the 
subjects listed in subpart I of this part.
    185. Revise newly redesignated Sec.  11.540 to read as follows:


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

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


Sec.  11.542  [Amended]

    186. In newly redesignated Sec.  11.542--
    a. In the section heading, remove the words ``License for'' and 
add, in their place, the words ``Endorsement as'';
    b. In the introductory text and paragraph (c), remove the words ``a 
license'' wherever they appear and add, in their place, the words ``an 
endorsement''; and
    c. In paragraph (b), remove the number ``10'' and add, in its 
place, the number ``11''.


Sec.  11.544  [Amended]

    187. In newly redesignated Sec.  11.544--
    a. In the section heading, remove the words ``License for'' and 
add, in their place, the words ``Endorsement as'';
    b. In the introductory text and paragraph (c), remove the words ``a 
license'' wherever they appear and add, in their place, the words ``an 
endorsement'';
    c. In paragraph (a)(3), remove the words ``Commanding Officer'' and 
add, in their place, the word ``The''; and
    d. In paragraph (b), remove the number ``10'' and add, in its 
place, the number ``11''.
    188. Revise newly redesignated Sec.  11.551 to read as follows:


Sec.  11.551  Endorsements for service on offshore supply vessels.

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


Sec.  11.553  [Amended]

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


Sec.  11.555  [Amended]

    190. In newly redesignated Sec.  11.555, paragraph (a), remove the 
words ``a license'' and add, in their place, the words ``an 
endorsement''.
    191. Revise newly redesignated Sec.  11.601 to read as follows:


Sec.  11.601  Applicability.

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


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

    (a) Each applicant for an original endorsement or renewal of 
license shall present a current first or second class radiotelegraph 
operator license issued by the Federal Communications Commission. The 
applicant shall enter on the endorsement application form the number, 
class, and date of issuance of his or her Federal Communications 
Commission license.
    (b) [Reserved]
    (c) Each applicant who furnishes evidence that he or she meets the 
standard of competence set out in STCW Regulation IV/2 (incorporated by 
reference in Sec. 11.102), including the competence to transmit and 
receive information using subsystems of GMDSS, to fulfill the 
functional requirements of GMDSS, and to provide radio services in 
emergencies is entitled to hold an STCW endorsement suitable for 
performing duties associated with GMDSS.
* * * * *
    193. Revise newly redesignated Sec.  11.701 to read as follows:

[[Page 29522]]

Sec.  11.701  Scope of pilot endorsements.

     (a) An applicant for an endorsement as first-class pilot need not 
hold any other officer endorsement issued under this part.
    (b) The issuance of an endorsement as first-class pilot to an 
individual qualifies that individual to serve as pilot over the 
route(s) specified on the endorsement, subject to any limitations 
imposed under paragraph (c) of this section.
    (c) The Officer in Charge, Marine Inspection, issuing an 
endorsement as first-class pilot, imposes appropriate limitations 
commensurate with the experience of the applicant, with respect to 
class or type of vessel, tonnage, route, and waters.
    (d) A license or MMC endorsement issued for service as a master, 
mate, or operator of uninspected towing vessels authorizes service as a 
pilot under the provisions of Sec.  15.812 of this subchapter. 
Therefore, first-class pilot endorsements will not be issued with 
tonnage limitations of 1600 gross tons or less.
    194. In newly redesignated Sec.  11.703--
    a. Revise paragraphs (a) and (c) to read as set out below; and
    b. In paragraph (d), after the words ``holding a license'', add the 
words ``or MMC endorsement'':


Sec.  11.703  Service requirements.

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


Sec.   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 Officer In Charge, 
Marine Inspection, 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.
* * * * *
    196. Revise newly redesignated Sec.  11.707 to read as follows:


Sec.  11.707  Examination requirements.

    (a) An applicant for an endorsement as first class pilot, except as 
noted in paragraph (b) of this section, is required to pass the 
examination described in subpart I of this part.
    (b) An applicant for an extension of route, or an applicant holding 
a license or MMC endorsement as master or mate authorized to serve on 
vessels of over 1,600 gross tons seeking an endorsement as first class 
pilot, is required to pass those portions of the examination described 
in subpart I of this part that concern the specific route for which 
endorsement is sought.
    197. In newly redesignated Sec.  11.709----
    a. In paragraph (c), remove the words ``Sec.  10.205 (d)'' and add, 
in their place, ``Sec.  10.215'';
    b. In paragraph (d), wherever the phrase ``license or endorsement'' 
appears, insert the word ``MMC'' before the word ``endorsement''; and
    c. Revise paragraph (b) to read as follows:


Sec.  11.709  Annual physical examination requirements.

* * * * *
    (b) Every person holding a license or MMC endorsement as first-
class pilot shall have a thorough physical examination each year.
* * * * *


Sec.  11.711  [Amended]

    198. In newly redesignated Sec.  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 ``additional round trips,'' 
remove the words ``license or'' and, after the words ``contained in 
Sec.  '' remove the number ``10'' and add, in its place, the number 
``11''.


Sec.  11.713  [Amended]

    199. In newly redesignated Sec.  11.713--
    a. In paragraphs (a) and (b), wherever the phrase ``license or 
endorsement'' appears, insert the word ``MMC'' before the word 
``endorsement''; and
    b. In paragraph (b), after the words ``of the renewed'' remove the 
words ``license or''.


Sec.  11.803  [Removed and Reserved]

    200. Remove and reserve newly redesignated Sec.  11.803.
    201. Revise newly redesignated Sec.  11.805 to read as follows:


Sec.  11.805  General requirements.

    (a) The applicant for an endorsement as staff officer is not 
required to take any examination; however, the applicant shall present 
to the Officer in Charge, Marine Inspection 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 Officer in Charge, Marine 
Inspection. (See Sec.  10.229.)
    (f) An MMC is valid for a term of five years from the date of 
issuance. Procedures for renewing endorsements are found in Sec.  
10.227. .
    (g) Each applicant for an original or a higher grade of 
endorsement, as described by paragraph (c) of this section, shall 
produce evidence of having passed a chemical test for dangerous drugs 
or of qualifying for an exception from testing in Sec.  16.220 of this 
subchapter. An applicant who fails a chemical test for dangerous drugs 
will not be issued an MMC.
    202. In newly redesignated Sec.  11.807--
    a. In paragraph (a) introductory text, after the words ``The 
applicant for'' remove the words ``a certificate of registry'' and add, 
in their place, the words ``an endorsement'';

[[Page 29523]]

    b. In paragraph (c), after the words ``an applicant for'' remove 
the words ``a certificate of registry'' and add, in their place, the 
words ``an endorsement'';
    c. In paragraph (d), after the words ``an applicant for'' remove 
the words ``a certificate of registry'' and add, in their place, the 
words ``an endorsement'', and after the words ``may issue the'' remove 
the words ``certificate of registry'' and add, in their place, the word 
``MMC'';
    d. Add new paragraphs (a)(7) and (8) to read as follows:


Sec.  11.807  Experience requirements for registry.

    (a) * * *
* * * * *
    (7) Marine physician assistant. Successful completion of an 
accredited course of instruction for a physician's assistant or nurse 
practitioner program.
    (8) Hospital corpsman. A rating of at least hospital corpsman or 
health services technician, first class in the U.S. Navy, U.S. Coast 
Guard, U.S. Marine Corps, or an equivalent rating in the U.S. Army (not 
less than staff sergeant, Medical Department, U.S.A.), or in the U.S. 
Air Force (not less than technical sergeant, Medical Department, 
U.S.A.F.), and a period of satisfactory service of at least one month 
in a military hospital or U.S. Public Health Service Hospital.
* * * * *


Sec.  11.809  [Removed and Reserved]

    203. Remove and reserve newly redesignated Sec.  11.809.
    204. In newly redesignated Sec.  11.901--
    a. In paragraph (a), remove the word ``license'' and add, in its 
place, the word ``endorsement'', and remove the number ``10'' and add, 
in its place, the number ``11'';
    b. In paragraph (b) introductory text, remove the word ``license'' 
and add, in its place, the word ``endorsement'';
    c. In paragraph (b)(2), remove the word ``licenses'' and add, in 
its place, the word ``endorsements'';
    d. In paragraph (c) introductory text, remove the number ``10'' 
wherever it appears and add, in its place, the number ``11''; and
    e. Revise paragraph (b)(1) to read as follows:


Sec.  11.901  General provisions.

* * * * *
    (b) * * *
    (1) MMCs endorsed for restricted routes for reduced service (master 
or mate of vessels of not more than 200 gross tons, operator of 
uninspected passenger vessels or master or mate (pilot) of towing 
vessels); or
* * * * *


Sec.  11.903  [Amended]

    205. In newly redesignated Sec.  11.903--
    a. In the section heading, remove the word ``Licenses'' and add, in 
its place, the word ``Endorsements'';
    b. In paragraph (a) introductory text, remove the word ``licenses'' 
and add, in its place, the word ``endorsements'';
    c. In paragraph (b) introductory text, remove the word ``licenses'' 
and add, in its place, the word ``endorsements'';
    d. In paragraphs (b)(2) and (3), remove the word ``license'';
    e. In paragraph (c) introductory text, remove the word ``licenses'' 
and add, in its place, the word ``endorsements'', and remove the number 
``10'' and add, in its place, the number ``11'';
    f. In paragraph (d), remove the words ``a license'' and add, in 
their place, the words ``an endorsement'' and remove the number ``10'' 
wherever it appears and add, in its place, the number ``11''; and
    g. Redesigante Table 10.903-1 as Table 11.903(c).
    206. In newly redesignated Sec.  11.910--
    a. Revise the section heading and introductory text as set out 
below;
    b. Redesignate Table 10.910-1 as Table 11.910-1 and revise the 
heading and subheading to read as set out below; and
    c. In Table 10.910-2--
    i. Redesignate Table 10.910-2 as Table 11.910-2;
    ii. In the subheading for newly redesignated Table 11.910-2, remove 
the word ``License'' and add, in its place, the word ``Endorsement'';
    iii. In the first column entitled ``Examination topics'', on line 
182, remove the words ``Licensing & Certification'' and add, in their 
place, the word ``Credentialing'';
    iv. In footnotes 6 and 7, remove the word ``licenses'' wherever it 
may appear, and add, in its place, the words ``officer endorsements''; 
and
    v. In footnote 8, remove the word ``licenses'':


Sec.  11.910  Subjects for deck officer endorsements.

    Table 11.910-1 gives the codes used in table 11.910-2 for all deck 
officers. Table 11.910-2 indicates the examination subjects for each 
endorsement, by code number. Figures in the body of the table, in place 
of the letter ``x'', refer to notes.
    Table 11.910-1 Codes for Deck Officer Endorsements
    Deck Officer Endorsements:
* * * * *
    207. In newly redesignated Sec.  11.920--
    a. Revise the section heading and introductory text to read as set 
out below;
    b. Redesignate Table 10.920-1 as Table 11.920-1 and revise it to 
read as set out below; and
    c. Redesignate Table 10.920-2 as Table 11.920-2 and in the first 
column entitled ``Examination topics'', on line 138, remove the words 
``Licensing and certification'' and add, in their place, the word 
``Credentialing'':


Sec.  11.920  Subjects for MODU endorsements.

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


Sec.  11.950  Subjects for engineer endorsements.

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


Sec.  11.1005  General requirements for officers.

    To serve on a Ro-Ro passenger ship after January 31, 1997, a person 
endorsed as master, chief mate, mate, chief engineer, or engineer shall 
meet the appropriate requirements of STCW Regulation V/2 and Section A-
V/2 of the STCW Code (incorporated by reference in Sec.  11.102) and 
shall hold documentary evidence to show his or her meeting these 
requirements.
    210. Revise newly redesignated Sec.  11.1105 introductory text and 
paragraph (a) to read as follows:


Sec.  11.1105  General requirements for officer's endorsements.

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

PART 12--CERTIFICATION OF SEAMEN

    211. 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,

[[Page 29524]]

and 70105; Department of Homeland Security Delegation No. 0170.1.

Sec.  12.01-1  [Amended]

    212. In Sec.  12.01-1--
    a. In paragraph (a)(2), after the words ``and to receive the'', 
remove the words ``certificate or''; and
    b. Remove paragraphs (a)(3) and (c).
    213. Revise Sec.  12.01-3 to read as follows:


Sec.  12.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish 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 (G-
PSO), 2100 Second Street SW., Washington, DC 20593-0001, and is 
available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment, 
London, SE1 7SR, England.
    (1) The International Convention on Standards of Training, 
Certification and Watchkeeping for Seafarers, 1978, as amended (the 
STCW Convention or the STCW) , incorporation by reference approved for 
Sec.  Sec.  12.01-1, 12.02-7, 12.02-11, 12.03-1, 12.05-3, 12.05-7, 
12.05-11, 12.10-3; 12.10-5, 12.10-7, 12.10-9, 12.15-3, 12.15-7, 12.25-
45, 12.30-5, and 12.35-5.
    (2) The Seafarers' Training, Certification and Watchkeeping Code 
(the STCW Code), incorporation by reference approved for Sec.  Sec.  
12.01-1, 12.02-7, 12.02-11, 12.03-1, 12.05-3, 12.05-7, 12.05-11, 12.10-
3, 12.10-5, 12.10-7, 12.10-9, 12.15-3, 12.15-7, 12.25-45, 12.30-5, and 
12.35-5.


Sec.  12.01-6  [Removed and Reserved]

    214. Remove and reserve Sec.  12.01-6.


Sec.  12.01-7  [Removed and Reserved]

    215. Remove and reserve Sec.  12.01-7.


Sec.  12.02-3  [Removed and Reserved]

    216. Remove and reserve Sec.  12.02-3.


Sec.  12.02-4  [Removed and Reserved]

    217. Remove and reserve Sec.  12.02-4.


Sec.  12.02-5  [Removed and Reserved]

    218. Remove and reserve Sec.  12.02-5.


Sec.  12.02-7  [Amended]

    219. In Sec.  12.02-7--
    a. In paragraph (a), remove the words ``shall be issued, at the 
option of the seaman, a continuous discharge book, a certificate of 
identification, or merchant mariner's document representing such 
certificate of identification which shall be retained by him. This book 
or certificate of identification or merchant mariner's document will 
bear a number, and this same number shall be shown on all certificates 
of service or efficiency issued to the holder of the book or 
certificate or document.'' and add, in their place, the words ``must 
carry a valid Merchant Mariner Credential (MMC) or Merchant Mariner 
Document (MMD) with all appropriate rating endorsements for the 
position served and a valid Transportation Worker Identification 
Credential (TWIC).'';
    b. In paragraph (b), remove the words ``continuous discharge book 
or certificate of identification or merchant mariner's document 
representing such a certificate'' and add, in their place, the words 
``valid MMC or MMD with all applicable rating endorsements for the 
position sought and a valid TWIC''; and after the words ``before a 
shipping commissioner'' and after the words ``who do not possess'', 
remove the words ``one of these documents'' and add, in their places, 
the words ``these credentials'';
    c. In paragraph (c)(1), remove the words ``licensed officer and 
registered staff officer, shall possess a valid certificate of service, 
or merchant mariner's document representing such certificate, issued by 
an Officer in Charge, Marine Inspection'' and add, in their place, the 
words ``officer and staff officer, must possess a valid MMC or MMD with 
all appropriate endorsements for the position served'';
    d. In paragraphs (c)(2) and (c)(3), remove the words ``certificate 
of service or efficiency is'', wherever they appear, and add, in their 
place, the words ``endorsements are'';
    e. In paragraph (c)(3), after the words ``below the rank of'', 
remove the word ``licensed'';
    f. In paragraph (d), remove the words ``After January 31, 1997, 
each'' and add, in their place, the word ``Each''; and remove the word 
``tons'' and add, in its place, the words ``tonnage (200 gross register 
tons)'';
    g. In paragraph (e), remove the words ``After January 31, 2002, 
each'' and add, in their place, the word ``Each''; and
    h. In paragraph (f), remove the words ``no unlicensed person'' and 
add, in their place, the words ``no person subject to this part''.


Sec.  12.02-9  [Removed and Reserved]

    220. Remove and reserve Sec.  12.02-9.


Sec.  12.02-10  [Removed and Reserved]

    221. Remove and reserve Sec.  12.02-10.
    222. Revise Sec.  12.02-11 to read as follows:


Sec.  12.02-11  General provisions respecting rating endorsements.

    (a)(1) An MMC with a deck officer endorsement will also be endorsed 
for ``any rating in the deck department, except able seaman'', and will 
authorize the holder to serve in any rating capacity in the deck 
department, except able seaman. If a deck officer qualifies as able 
seaman, the MMC will be endorsed, ``any rating in the deck department, 
including able seaman'', and such endorsement will be deemed to include 
an endorsement as lifeboatman.
    (2) An MMC issued to an engineer officer endorsed for inspected 
vessels of over 2,000 horsepower will be endorsed for ``any rating in 
the engine department'', and will authorize the holder to serve in any 
rating capacity in the engine department. If an engineer officer 
qualifies as a lifeboatman, the further endorsement, ``lifeboatman'', 
will be placed on the MMC.
    (b) The authorized holder of any valid rating endorsement may serve 
in any capacity in the staff department of a vessel, except in those 
capacities requiring a staff officer; except that, whenever the service 
includes the handling of food, no person may be so employed unless his 
or her credential bears the food handler's endorsement ``(F.H.)''.
    (c) A rating endorsement as able seaman or as lifeboatman must 
authorize service as lifeboatman.
    (d) When a rating endorsement is issued, renewed, or endorsed, the 
Officer in Charge, Marine Inspection, will determine whether the holder 
of the credential is required to hold an STCW endorsement for service 
on a seagoing vessel, and then, if the holder is qualified, the Officer 
in Charge, Marine Inspection will issue the appropriate endorsement. 
The Officer in Charge, Marine Inspection, will also issue an STCW 
endorsement at other times, if circumstances so require and if the 
holder of the document is qualified to hold the endorsement. The 
Officer in

[[Page 29525]]

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


Sec.  12.02-12  [Removed and Reserved]

    223. Remove and reserve Sec.  12.02-12.


Sec.  12.02-13  [Removed and Reserved]

    224. Remove and reserve Sec.  12.02-13.


Sec.  12.02-14  [Removed and Reserved]

    225. Remove and reserve Sec.  12.02-14.


Sec.  12.02-15  [Removed and Reserved]

    226. Remove and reserve Sec.  12.02-15.


Sec.  12.02-17  [Amended]

    227. In Sec.  12.02-17--
    a. In the section heading, remove the words ``Preparation and 
issuance of documents'' and add, in their place, the words 
``Examination procedures and denial of rating endorsements.'';
    b. In paragraph (a), remove the words ``of a person for a merchant 
mariner's document'' and add, in their place, the words ``for a rating 
endorsement'';
    c. Remove paragraphs (b), (c), (d), (e), and (h);
    d. Redesignate paragraph (f) as paragraph (b) and remove the words 
``certificate of service or efficiency'' and add, in their place, the 
words ``rating endorsement''; and after the words ``examined and 
refused'', remove the words ``a certificate'' and add, in their place, 
the words ``the endorsement''; and
    e. Redesignate paragraph (g) as paragraph (c), and remove the word 
``certificate'' and add, in its place, the words ``rating 
endorsement''.


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

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


Sec.  12.03-1  [Amended]

    229. In Sec.  12.03-1--
    a. In paragraph (a) introductory text, after the words ``part 10 of 
this'', remove the word ``chapter'', and add, in its place, the word 
``subchapter''; remove the text ``Sec.  10.302'' and add, in its place, 
the text ``Sec.  11.302''; after the words ``used to qualify'' add the 
words ``an applicant''; after the words ``hold an STCW'', remove the 
words ``certificate or endorsement'', and add, in their place, the 
words ``or rating''; and remove the words ``for service on or after 
February 1, 2002,'';
    b. In paragraph (a)(3)(iii), remove the words ``license, 
endorsement,'' and add, in their place, the words ``Coast Guard 
credential'';
    c. In paragraph (a)(4), remove the words ``a maritime license or 
document'' and add, in their place, the words ``Coast Guard 
credential'';
    d. In paragraph (b), after the words ``training necessary for'', 
remove the word ``licenses'' and add, in its place, the words ``both 
officer'';
    e. In paragraph (c) introductory text, before the words 
``particular training does'', add the word ``the''; and
    f. In paragraph (c)(2), remove the words ``Commanding Officer,''; 
and after the words ``National Maritime Center'', add the text 
``(NMC)''.


Sec.  12.05-1  [Amended]

    230. 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''.


Sec.  12.05-3  [Amended]

    231. In Sec.  12.05-3--
    a. In paragraph (a)(2), remove the word ``examination'' and add, in 
its place, the words ``and medical examination in Sec.  10.215 of this 
subchapter''; and
    b. In paragraph (b) introductory text, remove the words ``valid for 
any period on or after February 1, 2002,''.


Sec.  12.05-7  [Amended]

    232. In Sec.  12.05-7--
    a. In paragraph (a) introductory text, before the words ``able 
seaman'' add the words ``endorsement as''; and
    b. Remove paragraphs (c), (d), and (e).


Sec.  12.05-9  [Amended]

    233. In paragraph (e), remove the words ``is in valid possession of 
a certificate as able seaman endorsed'' and add, in their place, the 
words ``holds a valid MMC or MMD endorsed as able seaman''; and after 
the words ``service to qualify for'', remove the word ``a certificate 
as able seaman endorsed'' and add, in their place, the words ``an 
endorsement as able seaman''; after the words ``issued a new'', remove 
the word ``document'' and add, in its place, the word ``MMC''; after 
the words ``for cancellation the'' remove the word ``document'' and 
add, in its place, the word ``credential''; remove the words ``by a 
medical officer of the Public Health Service''; and after the words 
``determine his competency'', add the words ``as set forth in Sec.  
10.215 of this chapter''.


Sec.  12.05-11  [Amended]

    234. In Sec.  12.05-11--
    a. In the section heading, remove the words ``merchant mariner's 
document endorsed'' and add, in their place, the word ``endorsements'';
    b. In paragraph (a), remove the words ``a merchant mariner's 
document'' and add, in their place, the words ``an MMC or MMD''; remove 
the word ``unlicensed''; and after the words ``when serving'', remove 
the words ``in as a ``rating forming part of a navigational watch'' '' 
and add, in their place, the words ``as a rating forming part of a 
navigational watch (RFPNW)''; and
    c. In paragraph (b), remove the words ``A merchant mariner's 
document'' and add, in their place, the words ``An MMC or MMD''; remove 
the words ``a certificate of efficiency'' and add, in their place, the 
words ``an endorsement''; and remove the words ``without further 
endorsement''.


Sec.  12.10-1  [Amended]

    235. In Sec.  12.10-1--
    a. In the section heading, remove the word ``Certification'' and 
add, in its place, the word ``Credentials''; and
    b. In the text, remove the words ``employed in a rating'' and add, 
in their place, the words ``serving under the authority of a rating 
endorsement''; remove the words ``certificated lifeboatmen shall 
produce a certificate as lifeboatman or merchant mariner's document'' 
and add, in their place, the words ``lifeboatmen must produce an MMC or 
MMD''; and remove the words ``certificate of efficiency'' and add, in 
their place, the word ``endorsement''.


Sec.  12.10-3  [Amended]

    236. In Sec.  12.10-3--
    a. In paragraph (a) introductory text, remove the word 
``certification'' and add, in its place, the words ``an endorsement'';

[[Page 29526]]

    b. In paragraph (a)(5), after the words ``training vessel'', remove 
the word ``and'' and add, in its place, the word ``or'';
    c. In paragraph (b), remove the word ``certification'' and add, in 
its place, the words ``an endorsement''; and
    d. In paragraph (c), remove the word ``certified'' and add, in its 
place, the words ``eligible for an endorsement''.


Sec.  12.10-5  [Amended]

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


Sec.  12.10-7  [Amended]

    238. In Sec.  12.10-7--
    a. In the section heading, after the words ``provisions 
respecting'', remove the words ``merchant mariner's documents'' and 
add, in their place, the words ``an MMC or MMD'' ; and
    b. In the introductory text, before the words ``endorsed as able 
seaman'', remove the words ``A merchant mariner's document and'' and 
add, in their place, the words ``An MMC or MMD''; and after the words 
``equivalent of'', remove the words ``a certificate as lifeboatman or 
of''; after the words ``will be accepted'' remove the words ``as either 
of these wherever either is'' and add, in their place, the words 
``wherever a lifeboatman is''; after the words ``that, when'', remove 
the words ``the holder documented as''; and remove the word 
``certified'' and add, in its place, the word ``endorsed''.
    239. In Sec.  12.10-9, revise the heading, paragraph (a) and 
paragraph (b) introductory text to read as follows:


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

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


Sec.  12.13-3  [Amended]

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


Sec.  12.15-1  [Amended]

    241. In Sec.  12.15-1--
    a. In the section heading, remove the word ``Certification'' and 
add, in its place, the word ``Credentials'';
    b. In paragraph (a), remove the words ``employed in a rating'' and 
add, in their place, the words ``serving under the authority of a 
rating endorsement'' and after the words ``vessel requiring'' remove 
the word ``certificated'' and after the words ``shall produce'' remove 
the words ``a certificate'' and add, in their place, the words ``an 
endorsement''; and
    c. In paragraph (b), remove the word ``certificate'' and add, in 
its place, the word ``endorsement''.


Sec.  12.15-3  [Amended]

    242. In Sec.  12.15-3--
    a. In paragraph (a), after the words ``any person below'', remove 
the words ``the rating of licensed''; and after the words ``who 
holds'', remove the words ``a certificate of service as such'' and add, 
in their place, the words ``an MMC or MMD endorsed as''; and, after the 
words ``Coast Guard'', remove the words ``or predecessor authority'';
    b. In paragraph (b), after the words ``considered a rating'', 
remove the words ``not above that of'' and add, in their place, the 
words ``equal to''; and after the words ``passer or wiper'', remove the 
words ``, but equal thereto'';
    c. In paragraph (c), remove the word ``certification'' and add, in 
its place, the words ``an endorsement'';
    d. In paragraph (d) introductory text, remove the words ``After 
July 31, 1998, an'' and add, in their place, the word ``An''; and 
remove the word ``certification'' and add, in its place, the word 
``endorsement''; and
    e. In paragraph (e), remove the words ``After July 31, 1998, an'' 
and add, in their place, the word ``An''; and remove the word 
``certification'' and add, in its place, the word ``endorsement''.
    243. Revise Sec.  12.15-5 to read as follows:


Sec.  12.15-5  Physical and medical requirements.

    The physical and medical requirements for an endorsement as QMED 
are found in part 10 of this chapter.


Sec.  12.15-7  [Amended]

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


Sec.  12.15-9  [Amended]

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


Sec.  12.15-11  [Amended]

    246. In Sec.  12.15-11--
    a. In the section heading, remove the words ``merchant mariner's 
documents endorsed'' and add, in their place, the words ``an 
endorsement''; and
    b. In the introductory text, after the words ``The holder of'', 
remove the words ``a merchant mariner's document endorsed'', and add, 
in their place, the words ``an endorsement''; after the words ``Each 
qualified member of the engine department rating'', remove the words 
``for which a holder of a merchant mariner's document is qualified must 
be endorsed separately'' and add, in their place, the words ``must be a 
separate endorsement''; and after the words ``all ratings covered by'', 
remove the words ``a certificate as a qualified member of the engine 
department, the certification'' and add, in their place, the words ``an 
endorsement as a QMED, the endorsement''.


Sec.  12.15-13  [Amended]

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


Sec.  12.15-15  [Amended]

    248. In Sec.  12.15-15--
    a. In paragraph (a) introductory text, remove the words ``a 
certificate'', and add, in their place, the words ``an

[[Page 29527]]

endorsement''; remove the words ``a merchant mariner's document'', and 
add, in their place, the words ``an MMC or MMD''; and remove the word 
``certification'' and add, in its place, the word ``endorsement'';
    b. In paragraph (b), remove the words ``current merchant mariner's 
document held by the applicant'', and add, in their place, the words 
``applicant's MMC''; and
    c. In paragraph (c), remove the words ``a merchant mariner's 
document'', and add, in their place, the words ``an MMC or MMD''; and 
remove the word ``unlicensed'' and after the words ``entered on his'', 
remove the word ``document'' and add, in its place, the words ``or her 
credential''.


Sec.  12.25-1  [Amended]

    249. In Sec.  12.25-1--
    a. In the section heading, remove the word ``Certification'' and 
add, in its place, the word ``Credentials''; and
    b. In the text, remove the word ``certificated'' and remove the 
words ``a merchant mariner's document'' and add, in their place, the 
words ``an MMC or MMD with the appropriate endorsement''.
    250. Revise Sec.  12.25-10 to read as follows:


Sec.  12.25-10  General requirements.

    (a) Rating endorsements shall be issued without professional 
examination to applicants in capacities other than able seaman, 
lifeboatman, tankerman, or qualified member of the engine department. 
For example, ordinary seaman--wiper--steward's department (F.H.). 
Holders of MMCs or MMDs endorsed as ordinary seaman may serve in any 
unqualified rating in the deck department. Holders of MMCs or MMDs 
endorsed as wiper may serve in any unqualified rating in the engine 
department. MMCs or MMDs endorsed as steward's department (F.H.) will 
authorize the holder's service in any capacity in the steward's 
department. (See Sec.  12.02-11(b) for unqualified ratings in the staff 
department.)
    (b) When the holder of an endorsement is qualified as a food 
handler, the steward's department endorsement will be followed by the 
further endorsement (F.H.).
    251. Revise Sec.  12.25-20 to read as follows:


Sec.  12.25-20  Physical and medical requirements.

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


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

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


Sec.  12.25-30  [Amended]

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


Sec.  12.25-35  [Amended]

    254. In Sec.  12.35-35--
    a. In paragraph (a), remove the words ``a merchant mariner's 
document'' and add, in their place, the words ``an endorsement''; and
    b. In paragraph (b), remove the words ``merchant mariner's document 
with''.


Sec.  12.25-40  [Amended]

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


Sec.  12.25-45  [Amended]

    256. In Sec.  12.25-45, in the text, remove the words 
``certificates or''.


Sec.  12.30-1  [Amended]

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


Sec.  12.30-3  [Removed and Reserved]

    258. Remove and reserve Sec.  12.30-3.


Sec.  12.30-5  [Amended]

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


Sec.  12.35-1  [Amended]

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


Sec.  12.35-3  [Removed and Reserved]

    261. Remove and reserve Sec.  12.35-3.


Sec.  12.35-5  [Amended]

    262. In Sec.  12.35-5--
    a. In the introductory text, remove the words ``If you are an 
unlicensed person then before you'' and add, in their place, the words 
``A mariner with no endorsements,''; and remove the words ``you must'' 
and add, in their place, the words ``only after meeting the following 
conditions''; and
    b. In paragraph (b), remove the words ``you do meet'', and add, in 
their place, the words ``the mariner meets''.

PART 13--CERTIFICATION OF TANKERMEN

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

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


Sec.  13.101  [Amended]

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


Sec.  13.103  [Removed and Reserved]

    265. Remove and reserve Sec.  13.103.
    266. Add new Sec.  13.106 to read as follows:


Sec.  13.106  Requirement to hold an MMC.

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


Sec.  13.107  [Amended]

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


Sec.  13.109  [Amended]

    268. In Sec.  13.109(c), remove the text ``10.105'' and add, in 
their place, the text ``10.217''; and remove the word ``MMD'' and add, 
in its place, the word ``MMC''.

[[Page 29528]]

Sec.  13.111  [Amended]

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


Sec.  13.119  [Amended]

    270. Remove the word ``MMD'' and add, in its place, the words 
``merchant mariner's document or merchant mariner credential on which 
the endorsement appears''.


Sec.  13.120  [Amended]

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


Sec.  13.121  [Amended]

    272. In Sec.  13.121--
    a. In the section heading, remove the word ``training'' and after 
the word ``tankerman'', add the word ``endorsements''; and
    b. In paragraph (a), remove the number ``10'' wherever it may 
appear and add, in its place, the number ``11''.


Sec.  13.125  [Amended]

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


Sec.  13.129  [Amended]

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


Sec.  13.201  [Amended]

    275. In Sec.  13.201(c), after the word ``physical'' add the words 
``and medical''; and remove the words ``in accordance with Sec.  
13.125'' and add, in their place, the words ``according to Sec.  10.215 
of this chapter''.


Sec.  13.203  [Amended]

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


Sec.  13.207  [Amended]

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


Sec.  13.301  [Amended]

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


Sec.  13.303  [Amended]

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


Sec.  13.307  [Amended]

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


Sec.  13.401  [Amended]

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


Sec.  13.403  [Amended]

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


Sec.  13.407  [Amended]

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


Sec.  13.501  [Amended]

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


Sec.  13.503  [Amended]

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


Sec.  13.505  [Amended]

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


Sec.  13.507  [Amended]

    287. In Sec.  13.507, in the text, remove the words ``license or 
tankerman endorsement'' and add, in their place, the words ``license, 
tankerman endorsement, or officer endorsement on an MMC''.

PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS

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

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

Sec.  14.205  [Amended]

    289. In Sec.  14.205, in the text, remove the words ``every 
document, certificate,'' and add, in their place, the words ``a valid 
Transportation Worker Identification Credential and every document, 
certificate, credential,''.


Sec.  14.207  [Amended]

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


Sec.  14.307  [Amended]

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

PART 15--MANNING REQUIREMENTS

    292. 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,

[[Page 29529]]

8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 8906, 9102, 
and 70105; and Department of Homeland Security Delegation No. 
0170.1.

Sec.  15.103  [Amended]

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

Subpart B--[Removed and Reserved]

    294. Remove and reserve subpart B, consisting of Sec.  15.301.
    295. Revise Sec.  15.401 to read as follows:


Sec.  15.401  Employment and service within restrictions of credential.

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


Sec.  15.405  [Amended]

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


Sec.  15.410  [Amended]

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


Sec.  15.515  [Amended]

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


Sec.  15.520  [Amended]

    299. In Sec.  15.520--
    a. In paragraph (b), remove the words ``licensed individuals'' and 
add, in their place, the word ``officers'';
    b. In paragraph (c), after the words ``A license'', add the words 
``or officer endorsement on an MMC''; and after the words ``operation 
specified on the'', remove the word ``license'' and add, in its place, 
the word ``credential'';
    c. In paragraph (d), after the words ``endorsed as an OIM'', add 
the words ``or an MMC with master and OIM officer endorsements'';
    d. In paragraph (e), after the words ``who holds a license'', add 
the words ``or MMC officer endorsement''; and after the words ``as 
master endorsed as OIM'', add the words ``or an MMC with master and OIM 
officer endorsements'';
    e. In paragraph (f), after the words ``holds a license or'' add the 
words ``MMC officer'';
    f. In paragraph (g), after the words ``appropriate license'', add 
the words ``or MMC officer endorsement''; and, after the words 
``holding a license or'', add the words ``MMC officer''; and
    g. In paragraphs (h), (i), and (l), after the words ``holding a 
license or'', add the words ``MMC officer''.


Sec.  15.605  [Amended]

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


Sec.  15.610  [Amended]

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


Sec.  15.701  [Amended]

    302. In Sec.  15.701(b), after the words ``must hold a license'', 
add the words ``or MMC officer endorsement''; and remove the words 
``part 10'' and add, in their place, the words ``parts 10 and 11''.


Sec.  15.705  [Amended]

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


Sec.  15.710  [Amended]

    304. In Sec.  15.710 introductory text, after the words ``on the 
working hours of'', remove the words ``licensed individuals'' and add, 
in their place, the words ``credentialed officers''; and after the 
words ``master or other'', remove the words ``licensed individual'' and 
add, in their place, the words ``credentialed officer''.
    305. In Sec.  15.720--
    a. In the section heading, remove the words ``licensed and/or 
documented'' and add, in their place, the word ``credentialed'';
    b. In paragraph (a), remove the words ``utilize non-U.S. licensed 
and documented'' and add, in their place, the words ``use non-U.S. 
credentialed''; and
    c. In paragraph (d), remove the words ``license or document'' 
wherever they appear and add, in their place, the word ``credential''.


Sec.  15.725  [Amended]

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

[[Page 29530]]

Sec.  15.730  [Amended]

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


Sec.  15.805  [Amended]

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


Sec.  15.810  [Amended]

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


Sec.  15.812  [Amended]

    310. In Sec.  15.812--
    a. In paragraph (b)(1), remove the words ``issued by the Coast 
Guard'', and add, in their place, the words ``or MMC officer 
endorsement''; and remove the word ``license'' and add, in its place, 
the word ``credential'';
    b. In paragraph (b)(2) introductory text, remove the words ``issued 
by the Coast Guard'' and add, in their place, the words ``or MMC 
officer endorsement''; and remove the word ``license'' and add, in its 
place, the word ``credential'';
    c. In paragraph (b)(2)(ii), remove the number ``10.713'' and add, 
in its place, the number ``11.713'';
    d. In paragraph (b)(3) introductory text, remove the words ``issued 
by the Coast Guard'' and add, in their place, the words ``or MMC 
officer endorsement''; and remove the word ``license'' and add, in its 
place, the word ``credential'';
    e. In paragraph (b)(3)(ii), remove the number ``10.713'' and add, 
in its place, the number ``11.713'';
    f. In paragraph (b)(3)(iii), remove the number ``10.709'' and add, 
in its place, the number ``11.709'';
    g. In paragraph (c) introductory text, remove the words ``issued by 
the Coast Guard'' and add, in their place, the words ``or MMC officer 
endorsement''; and remove the word ``license'' and add, in its place, 
the word ``credential'';
    h. In paragraph (c)(2), remove the number ``10.713'' and add, in 
its place, the number ``11.713'';
    i. In paragraph (c)(3), remove the number ``10.709'' and add, in 
its place, the number ``11.709'';
    j. 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'';
    k. In table 15.812(e)(2), in the heading to the second column, 
after the words ``First Class Pilot's licenses'', add the words ``or 
MMC officer endorsements''; and remove the word ``Operator'' wherever 
it may appear, and add, in its place, the words ``Master, Mate (Pilot) 
of towing vessels'';
    l. In paragraph (f)(1), remove the words ``a federally licensed'' 
and add, in its place, the words ``an individual holding a valid 
license or MMC endorsed as'';
    m. In paragraph (f)(1)(i), remove the words ``Federal license'' and 
add, in their place, the words ``authority of a license or MMC''; and
    n. In paragraph (f)(2) introductory text, after the words ``with 
either two'', remove the word ``licensed'' and add, in its place, the 
word ``credentialed''; and after the words ``on the bridge or'', remove 
the words ``a federally licensed'' and add, in their place, the words 
``an individual holding a valid license or MMC endorsed as''.


Sec.  15.815  [Amended]

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


Sec.  15.820  [Amended]

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


Sec.  15.825  [Amended]

    313. In Sec.  15.825--
    a. In paragraph (a), remove the words ``appropriate license'' and 
add, in their place, the words ``appropriately endorsed license or 
MMC''; and
    b. In paragraph (b), remove the word ``licensed'' and add, in its 
place, the word ``credentialed''.


Sec.  15.835  [Amended]

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


Sec.  15.840  [Amended]

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


Sec.  15.860  [Amended]

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


Sec.  15.901  [Amended]

    317. In Sec.  15.901, paragraphs (a), (b), (c), and (d), after the 
words ``holding a license'' wherever they appear, add the

[[Page 29531]]

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


Sec.  15.905  [Amended]

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


Sec.  15.910  Towing vessels.

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


Sec.  15.915  [Amended]

    320. In Sec.  15.915--
    a. In the introductory text, after the words ``following 
licenses'', add the words ``and MMC officer endorsements''; and after 
the words ``on the license'' add the words ``or MMC''; and
    b. In paragraphs (a) introductory text, (b), (c), and (d), after 
the word ``license'', wherever it appears, add the words ``or 
endorsement''.


Sec.  15.1001  [Amended]

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


Sec.  15.1103  [Amended]

    322. In Sec.  15.1103--
    a. In the section heading, remove the words ``restrictions of a 
license, document, and'' and add, in their place, the words ``the 
restrictions of an'';
    b. In paragraph (c), remove the words ``After January 31, 2002, 
on'' and add, in their place, the word ``On'';
    c. In paragraph (d), remove the words ``Sec.  10.1005 (if licensed) 
or Sec.  12.30-5 (if unlicensed) of this chapter'' and add, in their 
place, the words ``Sec.  Sec.  11.1005 or 12.30-5 of this chapter, as 
appropriate,'';
    d. In paragraph (e) introductory text, remove the words ``Sec.  
10.1105 (if licensed) or Sec.  12.30-5 (if unlicensed) of this 
chapter'' and add, in their place, the words ``Sec.  Sec.  11.1005 or 
12.30-5 of this chapter, as appropriate,'';
    e. In paragraph (f), remove the words ``After January 31, 2002, 
on'' and add, in their place, the word ``On''; and, after the words 
``appropriate certificate'', add the words ``or endorsement''; and
    f. In paragraph (h), remove the words ``After January 31, 2002, 
on'' and add, in their place, the word ``On'' and remove the words ``in 
accordance with Sec.  10.205 or Sec.  10.209'' and add, in their place, 
the words ``according to Sec.  Sec.  11.205 or 11.209''.


Sec.  15.1105  [Amended]

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


Sec.  15.1107  [Amended]

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


Sec.  15.1111  [Amended]

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

PART 16--CHEMICAL TESTING

    326. 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.

    327. In Sec.  16.105, add, in alphabetical order, a definition for 
``credential'' and revise the the introductory text and paragraphs (a) 
and (b) introductory text of the definition for ``crewmember'' to read 
as follows:


Sec.  16.105  Definitions of terms used in this part.

* * * * *
    Credential is a term used to refer to any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Crewmember means an individual who is--
    (a) On board 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
    (b) Engaged or employed on board a vessel owned in the United 
States that is required by law or regulation to engage, employ, or be 
operated by an individual holding a credential issued under this 
subchapter, except for the following:
* * * * *


Sec.  16.113  [Amended]

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


Sec.  16.201  [Amended]

    329. In Sec.  16.201--
    a. In paragraph (c), after the words ``If an individual holding'', 
remove the words ``a license, certificate of registry, or merchant 
mariner's document'' and add, in their place, the words ``a 
credential''; and, after the words ``against his or her'', remove the 
words ``license, certificate of registry, or merchant mariner's 
document'' and add, in their place, the word ``credential''; and
    b. In paragraph (d), remove the words ``a license, certificate of 
registry, or merchant mariner's document'' and add, in their place, the 
words ``a credential''.
    330. Revise Sec.  16.220(a) and (b) to read as follows:


Sec.  16.220  Periodic testing requirements.

    (a) Except as provided by paragraph (c) of this section and Sec.  
10.209(c)(9) of this chapter, an applicant must pass a chemical test 
for dangerous drugs for--
    (1) An original issuance of a license, certificate of registry 
(COR), merchant mariner's document, or merchant mariner credential;
    (2) The first issuance, raise in grade, or renewal of an officer 
endorsement on a merchant mariner credential;
    (3) A raise in 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. The individual must provide the results of each test 
required by this section to the REC when the pilot applies for a 
license or MMC renewal or when requested by the Coast Guard.
* * * * *

[[Page 29532]]

Sec.  16.230  [Amended]

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


Sec.  16.250  [Amended]

    332. 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

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

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

Subpart 26.20--[Amended]

    334. In the heading to subpart 26.20, remove the word ``License'' 
and add, in its place, the word ``Credential''.


Sec.  26.20-1  [Amended]

    335. In Sec.  26.20-1, in the text, 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 merchant mariner 
credential''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

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

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

Sec.  28.275  [Amended]

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

PART 30--GENERAL PROVISIONS

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

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

Sec.  30.10-71  [Amended]

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

PART 31--INSPECTION AND CERTIFICATION

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

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

Sec.  31.15-1  [Amended]

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

PART 35--OPERATIONS

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

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

Sec.  35.05-1  [Amended]

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

PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA

    344. 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.

    345. Add new Sec.  42.05-70 to read as follows:


Sec.  42.05-70  Credential.

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


Sec.  42.07-50  [Amended]

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

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

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

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

Sec.  58.16-19  [Amended]

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

PART 61--PERIODIC TESTS AND INSPECTIONS

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


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


Sec.  61.15-10  [Amended]

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

PART 78--OPERATIONS

    351. 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]

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


Sec.  78.65-1  Officers.

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

[[Page 29533]]

PART 97--OPERATIONS

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

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

Subpart 97.53--[Amended]

    355. In the heading to subpart 97.53, remove the word ``License'' 
and add, in its place, the words ``Merchant Mariner Credential'';
    356. Revise Sec.  97.53-1 to read as follows:


Sec.  97.53-1  Officers.

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

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

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

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

Sec.  98.30-17  [Amended]

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

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

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

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

Sec.  105.05-10  [Amended]

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


Sec.  105.45-1  [Amended]

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

PART 114--GENERAL PROVISIONS

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

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

Sec.  114.400  [Amended]

    363. In Sec.  114.400(b), in the definition for ``Master'', remove 
the word ``license'' and add, in its place, the words ``license or 
merchant mariner credential''.

PART 115--INSPECTION AND CERTIFICATION

    364. 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[mu]1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

Sec.  115.113  [Amended]

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

PART 122--OPERATIONS

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

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

Sec.  122.402  [Amended]

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


Sec.  122.910  [Amended]

    368. In Sec.  122.910, in the 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

    369. 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.

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


Sec.  125.160  Definitions.

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

PART 131--OPERATIONS

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

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

Sec.  131.410  [Amended]

    372. In Sec.  131.410, remove the words ``merchant mariner's 
document'', wherever they appear, and add, in their place, the words 
``merchant mariner credential or merchant mariner's document''.


Sec.  131.905  [Amended]

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


Sec.  131.955  Display of merchant mariner credential.

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

PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES

    375. 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.


[[Page 29534]]




Sec.  151.03-53  [Amended]

    376. In Sec.  151.03-53 introductory text, remove the words 
``merchant mariner's documents'' and add, in their place, the words 
``merchant mariner credentials or merchant mariner's document''.

PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS

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

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

Sec.  166.01  [Amended]

    378. In Sec.  166.01(a), remove the words ``or merchant mariner's 
documents'' and add, in their place, the words ``on merchant mariner 
credentials or merchant mariner's documents''.

PART 169--SAILING SCHOOL VESSELS

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

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

Sec.  169.107  [Amended]

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


Sec.  169.805  [Amended]

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

PART 175--GENERAL PROVISIONS

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

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

Sec.  175.118  [Amended]

    383. In Sec.  175.118(c)(3), after the words ``All officers must 
be'', remove the word ``licensed'' and add, in its place, the word 
``endorsed''; remove the words ``licensed engineer'' and add, in their 
place, the words ``an appropriately endorsed engineer officer''; remove 
the words ``merchant mariner documents'' and add, in their place, the 
words ``merchant mariner credentials or merchant mariner's document''; 
and remove the words ``unlicensed deck crew must be rated as'' and add, 
in their place, the words ``rated deck crew must be''.


Sec.  175.400  [Amended]

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

PART 176--INSPECTION AND CERTIFICATION

    385. The authority citation is revised to read as follows:

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

Sec.  176.113  [Amended]

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

PART 185--OPERATIONS

    387. 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.

    388. Revise Sec.  185.402 to read as follows:


Sec.  185.402  Officers.

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


Sec.  185.910  [Amended]

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

PART 196--OPERATIONS

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

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

Subpart 196.53--[Amended]

    391. In the heading to subpart 196.53, remove the word ``License'' 
and add, in its place, the word ``Credential''.
    392. Revise Sec.  196.53-1 to read as follows:


Sec.  196.53-1  Officers.

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

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

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

Sec.  199.30  [Amended]

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

PART 401--GREAT LAKES PILOTAGE REGULATIONS

    395. 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.

Sec.  401.110  [Amended]

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


Sec.  401.110  Definitions.

    (a) * * *
    (17) Merchant Mariner Credential or MMC means the qualification 
document for all merchant mariners issued by the Coast Guard under 46 
CFR part 10. The individual Merchant Mariner Document, License, and 
Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E 
will be issued in the form of a Merchant Mariner Credential (MMC). An 
MMC will combine the separate qualification documents previously issued 
under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single 
certificate, which will be endorsed to reflect a mariner's level of 
qualification.

[[Page 29535]]

Sec.  401.210  [Amended]

    397. In Sec.  401.210--
    a. In paragraph(a)(1), after the words ``individual holds a'', 
remove the word ``license'' and add, in its place, the words ``merchant 
mariner credential endorsed''.
    b. In paragraph (a)(6), after the words ``Coast Guard'', add the 
words ``or a valid Transportation Worker Identification Credential''.


Sec.  401.220  [Amended]

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


Sec.  401.230  [Amended]

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


Sec.  401.250  [Amended]

    400. In Sec.  401.250(d), after the words ``whenever his or her 
license'', add the words ``or merchant mariner credential officer 
endorsement''; after the words ``simultaneously with his or her 
license'', add the words ``and/or merchant mariner credential''; 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

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

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

Sec.  402.220  [Amended]

    402. In Sec.  402.220(a)(1), (a)(2), and (a)(3), remove the word 
``license'' wherever it appears and add, in its place, the word 
``endorsement''.

    Dated: April 19, 2006.
C.E. Bone,
Rear Admiral, Acting Assistant Commandant for Prevention.
[FR Doc. 06-4509 Filed 5-12-06; 12:25 pm]
BILLING CODE 4910-15-P