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

Sec.  165.810  [Amended]

0
49. In Sec.  165.810(f)(1), remove the words ``licensed engineer'' and
add, in their place, the words ``appropriately licensed or credentialed
engineer officer''.

Sec.  165.1310  [Amended]

0
50. In Sec.  165.1310(f)(2), remove the word ``licensed'' and add, in
its place, the words ``holding a license or merchant mariner credential
issued''.

46 CFR CHAPTER I

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

0
51. The authority citation for part 1 continues to read as follows:

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

0
52. In Sec.  1.01-05, add new paragraphs (d) and (e) to read as
follows:

Sec.  1.01-05  Definitions.

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

credential that serves as the mariner's qualification document,
certificate of identification, and certificate of service.

Sec.  1.01-10  [Amended]

0
53. In Sec.  1.01-10, in paragraph (b)(1)(ii)(C), remove the words
``licenses, documents or certificates'' and add, in their place, the
word ``credentials.''

0
54. In Sec.  1.01-15--
0
a. In paragraph (a)(1), remove the words ``licenses, certificates, and
documents'' and add, in their place, the word ``credentials'', and
remove the words ``licensing, certificating'' and add, in their place,
the word ``credentialing''; and
0
b. Revise paragraph (b) to read as follows:

Sec.  1.01-15  Organization; Districts; National Maritime Center.

* * * * *
    (b) The Officers in Charge, Marine Inspection, in the Coast Guard
districts, under the supervision of the District Commanders, and the
Officer in Charge, Activities Europe, under the supervision of the
Atlantic Area Commander are in charge of the marine inspection offices
in the various ports and have command responsibilities with assigned
marine safety zones for the performance of duties with respect to the
inspection, enforcement and administration of navigation and vessel
inspection laws, and rules and regulations governing marine safety. The
Officer in Charge, Marine Inspection, has been designated and delegated
to give immediate direction to Coast Guard activities relating to
marine safety functions consisting of inspection of vessels in order to
determine that they comply with the applicable laws, rules, and
regulations relating to construction, equipment, manning and operation,
and to be satisfied that such vessels are in seaworthy condition for
the services in which such vessels are to be operated; shipyard
inspections; factory inspections of materials and equipment for
vessels; credentialing shipment and discharge of seaman; investigations
of marine casualties and accidents; investigations of violations of
law; negligence, misconduct, unskillfullness, incompetence or
misbehavior of persons holding credentials issued by the Coast Guard;
initiations of actions seeking suspension or revocation under 46 U.S.C.
chapter 77 of credentials held by persons, and presentation of cases at
hearings before Administrative Law Judges; and the enforcement of
navigation, vessel inspection and seaman laws in general.
* * * * *

Sec.  1.01-25  [Amended]

0
55. In Sec.  1.01-25--
0
a. In paragraph (b)(1), remove the words ``licenses, certificates, or
documents'' and add, in their place, the word ``credentials''; and
0
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

0
56. The authority citation for part 4 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321; 43 U.S.C. 1333; 46 U.S.C. 2103,
2306, 6101, 6301, 6305; 50 U.S.C. 198; Department of Homeland
Security Delegation No. 170.1. Authority for subpart 4.40: 49 U.S.C.
1903(a)(1)(E); Department of Homeland Security Delegation No.
0170.1.

0
57. Add Sec.  4.03-75 to read as follows:

Sec.  4.03-75  Merchant mariner credential and credential.

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

Sec.  4.07-1  [Amended]

0
58. In Sec.  4.07-1(c)(3), remove the words ``any licensed or
certificated person'' and add, in their place, the words ``any person
holding a Coast Guard credential''; and remove the words ``license or
certificate'' and add, in their place, the word ``credential''.

Sec.  4.07-10  [Amended]

0
59. In Sec.  4.07-10(a)(3), remove the words ``licenses or
certificates'' and add, in their place, the word ``credentials''.

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

0
60. The authority citation for part 5 continues to read as follows:

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

Sec.  5.3  [Amended]

0
61. 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]

0
62. In Sec.  5.5, remove the word ``certification'' and add, in its
place, the words ``certificate, merchant mariner credential,
endorsement,''.

Sec.  5.19  [Amended]

0
63. In Sec.  5.19(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.

0
64. Add a new Sec.  5.40 to read as follows:

Sec.  5.40  Credential and merchant mariner credential.

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

Sec.  5.55  [Amended]

0
65. In Sec.  5.55(a) introductory text, remove the words ``license,
certificate or document'' and add, in their place, the word
``credential''.

0
66. In Sec.  5.57--
0
a. Revise the section heading and paragraph (b) to read as set out
below;
0
b. In paragraph (a) introductory text, remove the words ``license,
certificate or document'' wherever they appear and add, in their place,
the words ``credential or endorsement''; and
0
c. In paragraph (c), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.

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

* * * * *
    (b) A person is considered to be acting under the authority of the
credential or

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

Sec.  5.59  [Amended]

0
67. In Sec.  5.59--
0
a. In the section heading, remove the words ``licenses, certificates or
documents'' and add, in their place, the words ``credentials or
endorsements''; and
0
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]

0
68. In Sec.  5.61--
0
a. In the section heading, remove the words ``licenses, certificates or
documents'' and add, in their place, the word ``credentials''; and
0
b. In paragraphs (a) introductory text and (b), remove the words
``license, certificate or document'' wherever they appear and add, in
their place, the words ``credential or endorsements''.

Sec.  5.101  [Amended]

0
69. In Sec.  5.101(a) introductory text, (a)(1), and (a)(2), remove the
words ``license, certificate or document'' wherever they appear and
add, in their place, the words ``credential or endorsement''.

Sec.  5.105  [Amended]

0
70. In Sec.  5.105(b), (c), and (e), remove the words ``license,
certificate or document'' and add, in their place, the words
``credential or endorsement''.

Subpart E--[Amended]

0
71. In the heading to subpart E, remove the words ``License,
Certificate or Document'' and add, in their place, the words ``Coast
Guard Credential or Endorsement''.

Sec.  5.201  [Amended]

0
72. In Sec.  5.201(a), (b) introductory text, (b)(4), (c) introductory
text, and (d), remove the words ``license, certificate, or document''
and add, in their place, the words ``credential or endorsement''.

Sec.  5.203  [Amended]

0
73. In Sec.  5.203(a), (b) introductory text, (b)(2), and (c), remove
the words ``license, certificate or document'' and add, in their place,
the words ``credential or endorsement''.

Sec.  5.205  [Amended]

0
74. In Sec.  5.205--
0
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
0
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]

0
75. In Sec.  5.501, remove the words ``license, certificate of
registry, or document'' and add, in their place, the words ``credential
or endorsement''.

Sec.  5.521  Verification of credential or endorsement.

0
76. In Sec.  5.521--
0
a. Revise the section heading as set forth above;
0
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
0
c. In paragraph (b), remove the words ``license, certificate, or
document'' and add, in their place, the word ``credential''.

Sec.  5.567  [Amended]

0
77. In paragraphs (b), (c) introductory text, (d), and (e), remove the
words ``licenses, certificates or documents'' wherever they appear and
add, in their place, the word ``credentials or endorsements''; and
remove the words ``license, certificate or document'' wherever they
appear and add, in their place, the words ``credential or
endorsement''.

Sec.  5.707  [Amended]

0
78. In Sec.  5.707--
0
a. In the section heading, remove the words ``license, certificate, or
document'' and add, in their place, the words ``credential or
endorsement'';
0
b. In paragraph (a), remove the words ``license, certificate or
document'' wherever they appear and add, in their place, the words
``credential or endorsement'';
0
c. In paragraph (c), remove the words ``document or license'' and add,
in their place, the words ``credential or endorsement'';
0
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'';
0
e. In paragraph (e), remove the word ``document'' and add, in its
place, the words ``credential or endorsement''; and
0
f. In paragraph (f), remove the word ``documents'' and add, in its
place, the word ``credential''.

Sec.  5.713  [Amended]

0
79. In Sec.  5.713(a), remove the words ``licenses, certificates, or
documents'' and add, in their place, the words ``credentials or
endorsements''.

Sec.  5.715  [Amended]

0
80. In Sec.  5.715--
0
a. In the section heading, remove the words ``document and/or license''
and add, in their place, the words ``credential and/or endorsement'';
0
b. In paragraph (a), remove the words ``document or license'' and add,
in their place, the words ``credential and/or endorsement''; and
0
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]

0
81. In the heading to subpart L, remove the words ``Licenses,
Certificates or Documents'' and add, in their place, the words
``Credential or Endorsement''.

Sec.  5.901  [Amended]

0
82. In Sec.  5.901(a), (c), and (e), remove the words ``license,
certificate or document'' wherever they appear and add, in their place,
the words ``credential or endorsement''; and in paragraph (d)
introductory text, remove the words ``license, certificate, or
document'' wherever they appear and add, in their place, the words
``credential or endorsement''.

Sec.  5.903  [Amended]

0
83. In Sec.  5.903(a), (c) introductory text, and (c)(2), remove the
words ``license, certificate or document'' wherever they appear and
add, in their place, the words ``credential or endorsement''.

Sec.  5.905  [Amended]

0
84. In Sec.  5.905(b), remove the words ``license, certificate or
document'' and add, in their place, the words ``credential or
endorsement''.

PART 10--MERCHANT MARINER OFFICERS AND SEAMEN

0
85. Revise the authority citation for part 10 to read as follows:

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

PART 10--[REDESIGNATED AS PART 11]

0
86. Redesignate part 10, consisting of Sec. Sec.  10.101 through
10.1105, as part 11, Sec. Sec.  11.101 through 11.1105.

0
87. Add a new part 10 to subchapter B to read as follows:

PART 10--MERCHANT MARINER CREDENTIAL

Subpart A--General
Sec.
10.101 Purpose of rules in this part.
10.103 Incorporation by reference.
10.105 Paperwork approval. [Reserved]
10.107 Definitions in subchapter B.
10.109 Classification of endorsements.
Subpart B--General Requirements for All Merchant Mariner Credentials
10.201 General characteristics of the merchant mariner credential.
10.203 Requirement to hold a TWIC and a merchant mariner credential.
10.205 Validity of a merchant mariner credential.
10.207 Identification number.
10.209 General application procedures.
10.211 Criminal record review.
10.213 National Driver Register.
10.214 Security Check.
10.215 Medical and physical requirements.
10.217 Merchant mariner credential application and examination
locations.
10.219 Fees.
10.221 Citizenship.
10.223 Modification or removal of limitations or scope.
10.225 Requirements for original merchant mariner credentials.
10.227 Requirements for renewal.
10.229 Issuance of duplicate merchant mariner credentials.
10.231 Requirements for raises of grade or new endorsements.
10.233 Obligations of the holder of a merchant mariner credential.
10.235 Suspension or revocation of merchant mariner credentials.
10.237 Right of appeal.
10.239 Quick reference table for MMC requirements.

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

Subpart A--General

Sec.  10.101  Purpose of rules in this part.

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

Sec.  10.103  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html. Also, it is available for inspection
at the Coast Guard, Office of Operating and Environmental Standards
(CG-5221), 2100 Second Street SW., Washington, DC 20593-0001, 202-372-
1405 and is available from the sources indicated in this section.
    (b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England, telephone: + 44 (0)20 7735 7611, http://
www.imo.org:
    (1) The STCW--International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(the STCW Convention or the STCW), incorporation by reference approved
for Sec. Sec.  10.107, 10.109, and 10.231.
    (2) The Seafarers' Training, Certification and Watchkeeping Code,
as amended 1995 (the STCW Code), incorporation by reference approved
for Sec. Sec.  10.107, 10.109, 10.227, and 10.231.

Sec.  10.105 Paperwork approval.  [Reserved]

Sec.  10.107  Definitions in subchapter B.

    (a) With respect to part 16 and Sec.  15.1101 of this title only,
if the definitions in paragraph (b) of this section differ from those
set forth in either Sec.  16.105 or Sec.  15.1101, the definition set
forth in either Sec.  16.105 or Sec.  15.1101, as appropriate, applies.
    (b) As used in this subchapter, the following terms apply only to
merchant marine personnel credentialing and the manning of vessels
subject to the manning provisions in the navigation and shipping laws
of the United States:
    Apprentice mate (steersman) of towing vessels means a mariner
qualified to perform watchkeeping on the bridge, while in training
onboard a towing vessel under the direct supervision and in the
presence of a master or mate (pilot) of towing vessels.
    Approved means approved by the Coast Guard according to Sec.
11.302 of this chapter.
    Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec.  11.309 of this chapter.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer means a qualified officer in the engine
department.
    Authorized official includes, but is not limited to, a Federal,
State or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to
service on mobile offshore drilling units (MODUs) whose duties involve
the operation of the complex ballast system found on many MODUs. When
assigned to a MODU, a ballast control operator is equivalent to a mate
on a conventional vessel.
    Barge supervisor or BS means an officer restricted to service on
MODUs whose duties involve support to the offshore installation manager
(OIM) in marine-related matters including, but not limited to,
maintaining watertight integrity, inspecting and maintaining mooring
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is
equivalent to a mate on a conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck
crew who supervises the maintenance of deck gear.
    Cargo engineer means a person holding an officer endorsement on a
dangerous-liquid tankship or a liquefied-gas tankship whose primary
responsibility is maintaining the cargo system and cargo-handling
equipment.
    Chief engineer means any person responsible for the mechanical

propulsion of a vessel and who is the holder of a valid officer
endorsement as chief engineer.
    Chief mate means the deck officer next in seniority to the master
and upon whom the command of the vessel will fall in the event of
incapacity of the master.
    Coast Guard-accepted means that the Coast Guard has officially
acknowledged in writing that the material or process at issue meets the
applicable requirements; that the Coast Guard has issued an official
policy statement listing or describing the material or process as
meeting the applicable requirements; or that an entity acting on behalf
of the Coast Guard under a Memorandum of Agreement has determined that
the material or process meets the applicable requirements.
    Coastwise seagoing vessel means a vessel that is authorized by its
Certificate of Inspection to proceed beyond the Boundary Line
established in part 7 of this chapter.
    Competent person as used in part 13 only, means a person designated
as such under 29 CFR 1915.7.
    Conviction means that the applicant for a merchant mariner
credential has been found guilty, by judgment or plea by a court of
record of the United States, the District of Columbia, any State,
territory, or possession of the United States, a foreign country, or
any military court, of a criminal felony or misdemeanor or of an
offense described in section 205 of the National Driver Register Act of
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no
contest, is granted deferred adjudication, or is required by the court
to attend classes, make contributions of time or money, receive
treatment, submit to any manner of probation or supervision, or forgo
appeal of a trial court's conviction, then the Coast Guard will
consider the applicant to have received a conviction. A later
expungement of the conviction will not negate a conviction unless the
Coast Guard is satisfied that the expungement is based upon a showing
that the court's earlier conviction was in error.
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) Merchant mariner's license.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant mariner credential.
    Criminal record review means the process or action taken by the
Coast Guard to determine whether an applicant for, or holder of, a
credential is a safe and suitable person to be issued such a credential
or to be employed on a vessel under the authority of such a credential.
    Dangerous drug means a narcotic drug, a controlled substance, or a
controlled-substance analogue (as defined in section 102 of the
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of
this chapter that is not a liquefied gas as defined in this part.
Liquid cargoes in bulk listed in 46 CFR part 153, table 2, of this
chapter are not dangerous-liquid cargoes when carried by non-oceangoing
barges.
    Day means, for the purpose of complying with the service
requirements of this subchapter, eight hours of watchstanding or day-
working not to include overtime. On vessels where a 12-hour working day
is authorized and practiced, each work day may be creditable as one and
one-half days of service. On vessels of less than 100 gross register
tons, a day is considered as eight hours unless the Coast Guard
determines that the vessel's operating schedule makes this criteria
inappropriate, in no case will this period be less than four hours.
When computing service required for MODU endorsements, a day is a
minimum of four hours, and no additional credit is received for periods
served over eight hours.
    Deck crew (excluding individuals serving under their officer
endorsement) means, as used in 46 U.S.C. 8702, only the following
members of the deck department: able seamen, boatswains, and ordinary
seamen.
    Designated areas means those areas within pilotage waters for which
first class pilot's endorsements are issued under part 11, subpart G,
of this chapter, by the Officer in Charge, Marine Inspection (OCMI).
The areas for which first class pilot's endorsements are issued within
a particular Marine Inspection Zone and the specific requirements to
obtain them may be obtained from the OCMI concerned.
    Designated duty engineer or DDE means a qualified engineer, who may
be the sole engineer on vessels with a periodically unattended engine
room.
    Designated examiner means a person who has been trained or
instructed in techniques of training or assessment and is otherwise
qualified to evaluate whether an applicant has achieved the level of
competence required to hold a merchant mariner credential (MMC)
endorsement. This person may be designated by the Coast Guard or by a
Coast Guard-approved or accepted program of training or assessment. A
faculty member employed or instructing in a navigation or engineering
course at the U.S. Merchant Marine Academy or at a State maritime
academy operated under 46 CFR part 310 is qualified to serve as a
designated examiner in his or her area(s) of specialization without
individual evaluation by the Coast Guard.
    Directly supervised, only when referring to issues related to
tankermen, means being in the direct line of sight of the person-in-
charge or maintaining direct, two-way communications by a convenient,
reliable means, such as a predetermined working frequency over a
handheld radio.
    Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or underway, but does not
mean a barge or any other vessel not regularly operated under its own
power.
    Drug test means a chemical test of an individual's urine for
evidence of dangerous drug use.
    Employment assigned to is the total period a person is assigned to
work on MODUs, including time spent ashore as part of normal crew
rotation.
    Endorsement is a statement of a mariner's qualifications, which may
include the categories of officer, staff officer, ratings, and/or STCW
appearing on a merchant mariner credential.
    Entry-level mariner means those mariners holding no rating other
than ordinary seaman, wiper, or steward's department (F.H.)
    Evaluation means processing an application, from the point of
receipt to approval or rejection of the application, including review
of all documents and records submitted with an application as well as
those obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of
a chemical test conducted under 49 CFR part 40 was reported as
``positive'' by a Medical Review Officer because the chemical test
indicated the presence of a dangerous drug at a level equal to or
exceeding the levels established in 49 CFR part 40.
    First assistant engineer means the engineer officer next in
seniority to the chief engineer and upon whom the responsibility for
the mechanical propulsion of the vessel will fall in the event of the
incapacity of the chief engineer.
    Great Lakes for the purpose of calculating service requirements for
an officer endorsement, means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between mile 326 and 327), the
Chicago River as far as the

east side of the Ashland Avenue Bridge (between mile 321 and 322), and
the Saint Lawrence River as far east as the lower exit of Saint Lambert
Lock. For purposes of requiring merchant mariner credentials with
rating endorsements, the connecting and tributary waters are not part
of the Great Lakes.
    Harbor assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or to escort a vessel with
limited maneuverability.
    Horsepower means, for the purpose of this subchapter, the total
maximum continuous shaft horsepower of all the vessel's main propulsion
machinery.
    IMO means the International Maritime Organization.
    Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in part 7 of this chapter,
excluding the Great Lakes, and, for towing vessels, excluding the
Western Rivers. For establishing credit for sea service, the waters of
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are
inland waters.
    Invalid credential means a merchant mariner credential, merchant
mariner's document, merchant mariner's license, STCW endorsement, or
certificate of registry that has been suspended or revoked, or has
expired.
    Large passenger vessel means a vessel of more than 70,000 gross
tons, as measured under 46 U.S.C. 14302 and documented under the laws
of the United States, with capacity for at least 2,000 passengers and a
coastwise endorsement under 46 U.S.C. chapter 121.
    Liquefied gas or LG means a cargo that has a vapor pressure of 172
kPa (25 psia) or more at 37.8 [deg]C (100 [deg]F).
    Liquid cargo in bulk means a liquid or liquefied gas listed in
Sec.  153.40 of this chapter and carried as a liquid cargo or liquid-
cargo residue in integral, fixed, or portable tanks, except a liquid
cargo carried in a portable tank actually loaded and discharged from a
vessel with the contents intact.
    Lower level is used as a category of deck and engineer officer
endorsements established for assessment of fees. Lower-level officer
endorsements are other than those defined as upper level, for which the
requirements are listed in subparts D, E, and G of part 11.
    Marine chemist means a person certificated by the National Fire
Protection Association.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than
the master.
    Merchant mariner credential or MMC means the credential issued by
the Coast Guard under 46 CFR part 10. It combines the individual
merchant mariner's document, license, and certificate of registry
enumerated in 46 U.S.C. subtitle II part E as well as the STCW
endorsement into a single credential that serves as the mariner's
qualification document, certificate of identification, and certificate
of service.
    MMC application means the application for the MMC, as well as the
application for any endorsement on an MMC.
    Mobile offshore drilling unit or MODU means a vessel capable of
engaging in drilling operations for the exploration for or exploitation
of subsea resources. MODU designs include the following:
    (1) Bottom bearing units, which include:
    (i) Self-elevating (or jack-up) units with moveable, bottom bearing
legs capable of raising the hull above the surface of the sea; and
    (ii) Submersible units of ship-shape, barge-type, or novel hull
design, other than a self-elevating unit, intended for operating while
bottom bearing.
    (2) Surface units with a ship-shape or barge-type displacement hull
of single or multiple hull construction intended for operating in a
floating condition, including semi-submersibles and drill ships.
    Month means 30 days, for the purpose of complying with the service
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of
information on drivers maintained by the National Highway Traffic
Safety Administration under 49 U.S.C. chapter 303.
    NDR-listed convictions means a conviction of any of the following
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance; or
    (2) A traffic violation arising in connection with a fatal traffic
accident, reckless driving, or racing on the highways.
    Near coastal means ocean waters not more than 200 miles offshore.
    Non-resident alien means an alien, as defined under Section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) (the Act), who is not lawfully admitted for permanent residence,
as defined by Section 101(a)(20) of the Act, but who is employable in
the United States under the Act and its implementing regulations,
including an alien crewman described in section 101(a)(15)(D)(i) of the
Act who meets the requirements of 46 U.S.C. 8103(k)(3)(A).
    Oceans means the waters seaward of the Boundary Lines as described
in 46 CFR part 7. For the purposes of establishing sea service credit,
the waters of the Inside Passage between Puget Sound and Cape Spencer,
Alaska, are not considered oceans.
    Officer endorsement means an annotation on a merchant mariner
credential that allows a mariner to serve in the capacities in Sec.
10.109(a). The officer endorsement serves as the license and/or
certificate of registry pursuant to 46 U.S.C. subtitle II part E.
    Officer in Charge, Marine Inspection or OCMI means, for the
purposes of this subchapter, the individual so designated at one of the
Regional Examination Centers, or any person designated as such by the
Commandant.
    Offshore installation manager or OIM means an officer restricted to
service on MODUs. An assigned offshore installation manager is
equivalent to a master on a conventional vessel and is the person
designated by the owner or operator to be in complete and ultimate
command of the unit.
    On location means that a mobile offshore drilling unit is bottom
bearing or moored with anchors placed in the drilling configuration.
    Operate, operating, or operation, as applied to the manning
requirements of vessels carrying passengers, refers to a vessel any
time passengers are embarked whether the vessel is underway, at anchor,
made fast to shore, or aground.
    Operator means an individual qualified to operate certain
uninspected vessels.
    Orally assisted examination means an examination as described in
part 11, subpart I of this chapter verbally administered and documented
by an examiner.
    Participation, when used with regard to the service on transfers
required for tankerman by Sec. Sec.  13.120, 13.203, or 13.303 of this
chapter, means either actual participation in the transfers or close
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of
a chemical test conducted according to 49 CFR part 40 is reported as
``negative'' by a Medical Review Officer according to that part.
    PIC means a person in charge.
    Pilot of towing vessels means a qualified officer of a towing
vessel operated only on inland routes.
    Pilotage waters means the navigable waters of the United States,
including all inland waters and offshore waters to

a distance of three nautical miles from the baseline from which the
Territorial Sea is measured.
    Practical demonstration means the performance of an activity under
the direct observation of a designated examiner for the purpose of
establishing that the performer is sufficiently proficient in a
practical skill to meet a specified standard of competence or other
objective criterion.
    Qualified instructor means a person who has been trained or
instructed in instructional techniques and is otherwise qualified to
provide required training to candidates for a merchant mariner
credential endorsement. A faculty member employed at a State maritime
academy or the U.S. Merchant Marine Academy operated under 46 CFR part
310 and instructing in a navigation or engineering course is qualified
to serve as a qualified instructor in his or her area of specialization
without individual evaluation by the Coast Guard.
    Qualified rating means various categories of able seaman, qualified
member of the engine department, lifeboatman, or tankerman endorsements
formerly issued on merchant mariner's documents.
    Raise of grade means an increase in the level of authority and
responsibility associated with an officer or rating endorsement.
    Rating endorsement is an annotation on a merchant mariner
credential that allows a mariner to serve in those capacities set out
in Sec.  10.109(b) and (c). The rating endorsement serves as the
merchant mariner's document pursuant to 46 U.S.C. subtitle II part E.
    Regional examination center or REC means a Coast Guard office that
issues merchant mariners' credentials and endorsements.
    Restricted tankerman endorsement means a valid tankerman
endorsement on a merchant mariner credential restricting its holder as
the Coast Guard deems appropriate. For instance, the endorsement may
restrict the holder to one or a combination of the following: A
specific cargo or cargoes; a specific vessel or vessels; a specific
facility or facilities; a specific employer or employers; a specific
activity or activities (such as loading or unloading in a cargo
transfer); or a particular area of water.
    Rivers means a river, canal, or other similar body of water
designated as such by the Coast Guard.
    Safe and suitable person means a person whose prior record,
including but not limited to criminal record and/or NDR record,
provides no information indicating that his or her character and habits
of life would support the belief that permitting such a person to serve
under the MMC and/or endorsement sought would clearly be a threat to
the safety of life or property, detrimental to good discipline, or
adverse to the interests of the United States. See 46 CFR 10.211 and
10.213 for the regulations associated with this definition.
    Self propelled has the same meaning as the terms ``propelled by
machinery'' and ``mechanically propelled.'' This term includes vessels
fitted with both sails and mechanical propulsion.
    Self-propelled tank vessel means a self-propelled tank vessel,
other than a tankship.
    Senior company official means the president, vice president, vice
president for personnel, personnel director, or similarly titled or
responsible individual, or a lower-level employee designated in writing
by one of these individuals for the purpose of certifying employment
and whose signature is on file at the REC at which application is made.
    Service as, used when computing the required service for MODU
endorsements, means the time period, in days, a person is assigned to
work on MODUs, excluding time spent ashore as part of crew rotation. A
day is a minimum of four hours, and no additional credit is received
for periods served over eight hours.
    Simulated transfer means a transfer practiced in a course meeting
the requirements of Sec.  13.121 of this chapter that uses simulation
supplying part of the service on transfers required for tankerman by
Sec.  13.203 or 13.303 of this chapter.
    Staff officer means a person who holds an MMC with an officer
endorsement listed in Sec.  10.109(a)(31).
    Standard of competence means the level of proficiency to be
achieved for the proper performance of duties onboard vessels according
to national and international criteria.
    Steward's department means the department that includes
entertainment personnel and all service personnel, including wait
staff, housekeeping staff, and galley workers, as defined in the vessel
security plan approved by the Secretary under 46 U.S.C. 70103(c). These
personnel may also be referred to as members of the hotel department on
a large passenger vessel.
    STCW means the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended 1995
(incorporated by reference in Sec.  10.103).
    STCW Code means the Seafarer's Training, Certification and
Watchkeeping Code, as amended 1995 (incorporated by reference in Sec.
10.103).
    STCW endorsement means an annotation on a merchant mariner
credential that allows a mariner to serve in those capacities under
Sec.  10.109(d). The STCW endorsement serves as evidence that a mariner
has met the requirements of STCW.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue, and that:
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
    Tankerman assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement to his or her merchant mariner credential.
    Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement to his or her merchant mariner credential.
    Tankerman PIC means a person holding a valid ``Tankerman-PIC''
endorsement on his or her merchant mariner credential.
    Tankerman PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement to his or her merchant mariner credential.
    Tankship means any tank vessel constructed or adapted primarily to
carry oil or hazardous material in bulk as cargo or as cargo residue
and propelled by power or sail.
    Transfer means any movement of dangerous liquid or liquefied gas as
cargo in bulk or as cargo residue to, from, or within a vessel by means
of pumping, gravitation, or displacement. Section 13.127 of this
chapter describes what qualifies as participation in a creditable
transfer.
    Transportation Worker Identification Credential or TWIC means an
identification credential issued by the Transportation Security
Administration under 49 CFR part 1572.
    Underway means that a vessel is not at anchor, made fast to the
shore, or aground. When referring to a mobile offshore drilling unit
(MODU), underway means that the MODU is not in an on-location or laid-
up status and includes that period of time when the MODU is deploying
or recovering its mooring system.
    Undocumented vessel means a vessel not required to have a
certificate of documentation issued under the laws of the United
States.
    Upper level is used as a category of deck and engineer officer
endorsements

established for assessment of fees. Upper-level endorsements are those
for which the requirements are listed in Sec. Sec.  11.404 to 11.407 of
this subchapter and Sec. Sec.  11.510, 11.512, 11.514, and 11.516 of
this subchapter.
    Vessel Security Officer (VSO) means a person onboard the vessel
accountable to the Master, designated by the Company as responsible for
security of the vessel, including implementation and maintenance of the
Vessels Security Plan, and for liaison with the Facility Security
Officer and the vessel's Company Security Officer.
    Western rivers means the Mississippi River, its tributaries, South
Pass, and Southwest Pass, to the navigational demarcation lines
dividing the high seas from harbors, rivers, and other inland waters of
the United States, and the Port Allen-Morgan City Alternate Route, and
that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternate Route including the Old River and the Red
River, and those waters specified in 33 CFR 89.25.
    Year means 360 days for the purpose of complying with the service
requirements of this subchapter.

Sec.  10.109  Classification of endorsements.

    (a) The following officer endorsements are established in part 11
of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in part 11 of this subchapter:
    (1) Master;
    (2) Chief mate;
    (3) Second mate;
    (4) Third mate;
    (5) Mate;
    (6) Master of towing vessel;
    (7) Mate (pilot) of towing vessel;
    (8) Apprentice mate (Steersman);
    (9) Offshore installation manager (OIM);
    (10) Barge supervisor (BS);
    (11) Ballast control operator (BCO);
    (12) Operator of uninspected passenger vessels (OUPV);
    (13) Master of uninspected fishing industry vessels;
    (14) Mate of uninspected fishing industry vessels;
    (15) Master of offshore supply vessels;
    (16) Chief mate of offshore supply vessels;
    (17) Mate of offshore supply vessels;
    (18) Chief engineer;
    (19) Chief engineer (limited);
    (20) Chief engineer (limited-ocean);
    (21) Chief engineer (limited-near-coastal);
    (22) First assistant engineer;
    (23) Second assistant engineer;
    (24) Third assistant engineer;
    (25) Assistant engineer (limited);
    (26) Designated duty engineer (DDE);
    (27) Chief engineer offshore supply vessel;
    (28) Engineer offshore supply vessel;
    (29) Chief engineer MODU;
    (30) Assistant engineer MODU;
    (31) Chief engineer uninspected fishing industry vessels;
    (32) Assistant engineer uninspected fishing industry vessels;
    (33) Radio officer;
    (34) First class pilot
    (35) Chief purser;
    (36) Purser;
    (37) Senior assistant purser;
    (38) Junior assistant purser;
    (39) Medical doctor;
    (40) Professional nurse;
    (41) Marine physician assistant;
    (42) Hospital corpsman; and
    (43) Radar observer.
    (b) The following rating endorsements are established in part 12 of
this subchapter. The endorsements indicate that an individual holding a
valid MMC with this endorsement is qualified to serve in that capacity
and the endorsement has been issued under the requirements contained in
part 12 of this subchapter:
    (1) Able seaman:
    (i) Any waters, unlimited;
    (ii) Limited;
    (iii) Special; and
    (iv) Special (OSV).
    (2) Ordinary seaman.
    (3) Qualified member of the engine department (QMED):
    (i) Refrigerating engineer;
    (ii) Oiler;
    (iii) Deck engineer;
    (iv) Fireman/Watertender;
    (v) Junior engineer;
    (vi) Electrician;
    (vii) Machinist;
    (viii) Pumpman;
    (ix) Deck engine mechanic; and
    (x) Engineman.
    (4) Lifeboatman.
    (5) Wiper.
    (6) Steward's department
    (7) Steward's department (F.H.).
    (8) Cadet.
    (9) Student observer.
    (10) Apprentice engineer.
    (11) Apprentice mate.
    (c) The following ratings are established in part 13 of this
subchapter. The endorsements indicate that an individual holding a
valid MMC with this endorsement is qualified to serve in that capacity
and the endorsement has been issued under the requirements contained in
part 13 of this subchapter:
    (1) Tankerman PIC.
    (2) Tankerman PIC (Barge).
    (3) Restricted tankerman PIC.
    (4) Restricted tankerman PIC (Barge).
    (5) Tankerman assistant.
    (6) Tankerman engineer.
    (d) The following STCW endorsements are established by STCW and
issued according to the STCW Code, STCW Convention and parts 11 and 12
of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in parts 11 or 12 of this subchapter as well as the STCW Code
and STCW Convention (incorporated by reference see 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-4610),
is a credential combining the elements of the merchant mariner's
document (MMD), merchant mariner's license (license), and certificate
of registry (COR) enumerated in 46 U.S.C. subtitle II part E as well as
the STCW endorsement issued pursuant to the STCW Convention and STCW
Code incorporated by reference in Sec.  10.103. MMDs, licenses, STCW
endorsements and CORs are no longer issued as separate documents and
all qualifications formerly entered on those separate documents appear
in the form of an endorsement(s) on an MMC.
    (b) An MMC authorizes the holder to serve in any capacity endorsed
thereon, or in any lower capacity in the same

department, or in any capacity covered by a general endorsement.
    (c) An MMC may be issued to qualified applicants by the National
Maritime Center or at any Regional Examination Center during usual
business hours, or through the mail.

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

    (a) Any mariner required to hold a license, MMD, COR, and/or an
STCW endorsement by a regulation in 33 CFR chapter I or 46 CFR chapter
I must hold an MMC. A mariner may continue to serve under the authority
of and within any restriction on their license, MMD, COR, and/or STCW
endorsement until the first renewal or upgrade of that credential, but
not later than April 15, 2014.
    (b) Failure to obtain or hold a valid TWIC serves as a basis for
the denial of an application for an original, renewal, new endorsement,
duplicate, or raise of grade of a mariner's credential and may serve as
a basis for suspension and revocation under 46 U.S.C. 7702 and 7703.
    (c) An MMC, license, MMD, COR, or STCW endorsement must be retained
by the mariner to whom it was issued and, while valid, must be produced
to verify qualifications when requested by an authorized official as
identified in 33 CFR 101.515(d). Posting of the officer endorsement may
be necessary as required in 46 U.S.C. 7110.
    (d) Although an MMD and an MMC serve as certificates of
identification, a TWIC must be retained by the mariner to whom it was
issued and, while valid, serves as the mariner's primary identification
document. The TWIC must be produced to verify identity when required by
an authorized official as identified in 33 CFR 101.515(d).

Sec.  10.205  Validity of a merchant mariner credential.

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

Sec.  10.207  Identification number.

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

Sec.  10.209  General application procedures.

    (a) The applicant for an MMC, whether original, renewal, duplicate,
raise of grade, or a new endorsement on a previously issued MMC, must
establish to the Coast Guard that he or she satisfies all the
requirements for the MMC and endorsement(s) sought before the Coast
Guard will issue the MMC. This section contains the general
requirements for all applicants. Additional requirements for
duplicates, renewals, new endorsements, and raises of grade appear
later in this part.
    (b) The Coast Guard may refuse to process an incomplete MMC
application. The requirements for a complete application for an
original MMC are contained in Sec.  10.225, the requirements for a
renewal MMC application are in Sec.  10.227, the requirements for a
duplicate MMC application are contained in Sec.  10.229, and the
requirements for an application for a new endorsement or raise of grade
are contained in Sec.  10.231.
    (c) Applications are valid for 12 months from the date that the
Coast Guard approves the application.
    (d) The portions of the application that may be submitted by mail,
fax, or other electronic means may include:
    (1) The application, consent for NDR check, and notarized oath on
Coast Guard-furnished forms, and the evaluation fee required by Sec.
10.219 of this part;
    (2) The applicant's continuous discharge book, certificate of
identification, MMD, MMC, license, STCW endorsement, COR, or, if it has
not expired, a photocopy of the credential, including the back and all
attachments;
    (3) Proof, documented on a form provided by the Coast Guard, that
the applicant passed the applicable vision, hearing, medical or
physical exam as required by Sec.  10.215 of this part;
    (4) If the applicant desires a credential with a radar-observer
endorsement in accordance with Sec.  11.480 of this chapter, either the
radar-observer certificate or a certified copy;
    (5) Evidence of, or acceptable substitute for, sea service, if
required;
    (6) For an endorsement as a medical doctor or professional nurse as
required in Sec.  11.807, evidence that the applicant holds a currently
valid, appropriate license as physician, surgeon, or registered nurse,
issued under the authority of a state or territory of the United
States, the Commonwealth of Puerto Rico, or the District of Columbia.
Any MMC issued will retain any limitation associated with the medical
license;
    (7) Any certificates or other supplementary materials required to
show that the mariner meets the mandatory requirements for the specific
endorsement sought, as established in parts 11, 12 or 13 of this
chapter; and
    (8) An open-book exercise, in accordance with Sec.  10.227(d)(8)(i)
of this part.
    (e) The following requirements must be satisfied before an original
or renewal MMC, or new endorsement or a raise of grade added to a
previously issued MMC, will be issued. These materials will be added to
the individual's record by the Coast Guard:
    (1) Determination of safety and suitability. No MMC will be issued
as an original or reissued with a new expiration date, and no new
officer endorsement will be issued if the applicant fails the criminal
record review as set forth in Sec.  10.211 of this part;
    (2) NDR review. No MMC will be issued as an original or reissued
with a new expiration date, and no new officer endorsement will be
issued until the applicant has passed an NDR review as set forth in
Sec.  10.213 of this part; and
    (3) Information supplied by the Transportation Security
Administration (TSA). (i) Beginning on April 15, 2009, no MMC or
endorsement will be issued until the Coast Guard receives the following
information from the applicant's TWIC application: the applicant's
fingerprints, FBI number and criminal record (if applicable),
photograph, proof of United States citizenship, or Nationality with
proof of legal resident status (if applicable). If the information is
not available from TSA, the mariner may be required to

visit a Regional Exam Center to provide this information.
    (ii) Until April 15, 2009, no application for an MMC or endorsement
will be considered complete until the applicant appears at a Regional
Exam Center to provide the following information: the applicant's
fingerprints, photograph, proof of United States citizenship, or
Nationality with proof of legal resident status (if applicable).
    (f) Upon determining that the applicant satisfactorily meets all
requirements for an MMC or an endorsement thereon, the Coast Guard will
issue the properly endorsed MMC to the applicant. Beginning April 15,
2009, the Coast Guard will not issue an MMC until it has received proof
that the mariner holds a valid TWIC.
    (g) When a new MMC is issued, the mariner must return the
previously issued MMC, license, MMD, COR, or STCW endorsement to the
Coast Guard, unless the new MMC is being issued to replace a lost or
stolen credential. Upon written request at the time of application, the
cancelled, previously issued credential(s) will be returned to the
applicant.
    (h) Unless otherwise stated in this Part, an applicant who fails a
chemical test for dangerous drugs will not be issued an MMC.

Sec.  10.211  Criminal record review.

    (a) The Coast Guard may conduct a criminal record review to
determine the safety and suitability of an applicant for an MMC and any
endorsements. An applicant conducting simultaneous MMC transactions
will undergo a single criminal record review. At the time of
application, each applicant must provide written disclosure of all
convictions not previously disclosed to the Coast Guard on an
application.
    (b) A criminal record review is not required for applicants seeking
a duplicate MMC under Sec.  10.229.
    (c) Fingerprints. Beginning September 25, 208, the Transportation
Security Administration (TSA) will provide to the Coast Guard the
applicant's fingerprints submitted by the applicant with his or her
TWIC application and, if applicable, the applicant's FBI number and
criminal record generated in the TWIC review process. This information,
or the fingerprints taken by the Coast Guard at an REC, will be used by
the Coast Guard to determine whether the applicant has a record of any
criminal convictions.
    (d) When a criminal record review leads the Coast Guard to
determine that an applicant is not a safe and suitable person or cannot
be entrusted with the duties and responsibilities of the MMC or
endorsement applied for, the application may be disapproved.
    (e) If an application is disapproved, the applicant will be
notified in writing of that fact, the reason or reasons for
disapproval, and advised that the appeal procedures in subpart 1.03 of
part 1 of this chapter apply. No examination will be given pending
decision on appeal.
    (f) No person who has been convicted of a violation of the
dangerous drug laws of the United States, the District of Columbia, any
State, territory, or possession of the United States, or a foreign
country, by any military or civilian court, is eligible for an MMC,
except as provided elsewhere in this section. No person who has ever
been the user of, or addicted to the use of a dangerous drug, or has
ever been convicted of an offense described in section 205 of the
National Driver Register Act of 1982, as amended (49 U.S.C. 30304)
because of addiction to or abuse of alcohol is eligible for an MMC,
unless he or she furnishes satisfactory evidence of suitability for
service in the merchant marine as provided in paragraph (l) of this
section. A conviction for a drug offense more than 10 years before the
date of application will not alone be grounds for denial.
    (g) The Coast Guard will use table 10.211(g) to evaluate applicants
who have criminal convictions. The table lists major categories of
criminal activity and is not to be construed as an 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
----------------------------------------------------------------------------------------------------------------
                             Assessment Periods for Officer and Rating Endorsements
----------------------------------------------------------------------------------------------------------------
Crimes Against Persons:
    Homicide (intentional)..............  7 years...........................  20 years.
    Homicide (unintentional)............  5 years...........................  10 years.
    Assault (aggravated)................  5 years...........................  10 years.
    Assault (simple)....................  1 year............................  5 years.
    Sexual Assault (rape, child           5 years...........................  10 years.
     molestation).
    Robbery.............................  5 years...........................  10 years.
Other crimes against persons \2\
----------------------------------------------------------------------------------------------------------------
                                                Vehicular Crimes
----------------------------------------------------------------------------------------------------------------
Conviction involving fatality...........  1 year............................  5 years.
Reckless Driving........................  1 year............................  2 years.
Racing on the Highways..................  1 year............................  2 years.
Other vehicular crimes \2\
----------------------------------------------------------------------------------------------------------------
                                          Crimes Against Public Safety
----------------------------------------------------------------------------------------------------------------
Destruction of Property.................  5 years...........................  10 years.
Other crimes against public safety \2\
----------------------------------------------------------------------------------------------------------------

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

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

factors, as applicable, in assessing the applicant's suitability to
hold an MMC. This list is intended as a guide for the Coast Guard. The
Coast Guard may consider other factors appropriate to a particular
applicant, such as:
    (1) Proof of completion of an accredited alcohol or drug abuse
rehabilitation program;
    (2) Active membership in a rehabilitation or counseling group, such
as Alcoholics Anonymous or Narcotics Anonymous;
    (3) Character references from persons who can attest to the
applicant's sobriety, reliability, and suitability for employment in
the merchant marine including parole or probation officers;
    (4) Steady employment; and
    (5) Successful completion of all conditions of parole or probation.

Sec.  10.213  National Driver Register.

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

 Table 10.213(c)--Guidelines for Evaluating Applicants for MMCs Who Have
 NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\
------------------------------------------------------------------------
                                     Date of
     Number of convictions          conviction       Assessment period
------------------------------------------------------------------------
1.............................  Less than 1 year.  1 year from date of
                                                    conviction.
1.............................  More than 1, less  Application will be
                                 than 3 years.      processed, unless
                                                    suspension, or
                                                    revocation \2\ is
                                                    still in effect.
                                                    Applicant will be
                                                    advised that
                                                    additional
                                                    conviction(s) may
                                                    jeopardize merchant
                                                    mariner credentials.
1.............................  More than 3 years  Not necessary unless
                                 old.               suspension or
                                                    revocation is still
                                                    in effect.
2 or more.....................  Any less than 3    1 year since last
                                 years old.         conviction and at
                                                    least 3 years from
                                                    2nd most recent
                                                    conviction, unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
2 or more.....................  All more than 3    Application will be
                                 years old.         processed unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use
  of, a dangerous drug shall meet the requirements of paragraph (a) of
  this section.
\2\ Suspension or revocation, when referred to in table 10.213, means a
  State suspension or revocation of a motor vehicle operator's license.

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

Sec.  10.214  Security Check.

    Until April 15, 2009, the Coast Guard may conduct a security check
on an applicant for an MMC, utilizing the criminal record review
discussed in Sec.  10.211 of this part.

Sec.  10.215  Medical and physical requirements.

    (a) Medical and Physical Exams. To qualify for an MMC an applicant
must meet the medical and physical standards in this section. Columns 2
through 5 of table 10.215(a) provide the specific exam, test, or
demonstrations required to obtain the corresponding credential listed
in column 1. Further clarifications of the requirements contained in
the table are found throughout this section. Any required test, exam,
or demonstration must have been performed, witnessed, or reviewed

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

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

    (b) Vision Test--(1) Deck Standard. An applicant must have
correctable vision to at least 20/40 in one eye and uncorrected vision
of at least 20/200 in the same eye. An applicant having lost vision in
one eye must wait six months before application and provide a statement
of demonstrated ability on his or her medical examination. The color
sense must be determined to be satisfactory when tested by any of the
following methods or an alternative test approved by the Coast Guard,
without the use of color-sensing lenses:
    (i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised
edition or AOC-HRR; Ishihara 14-, 24-, or 38-plate editions).
    (ii) Eldridge-Green Color Perception Lantern.
    (iii) Farnsworth Lantern.
    (iv) Keystone Orthoscope.
    (v) Keystone Telebinocular.
    (vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).
    (vii) Titmus Optical Vision Tester.
    (viii) Williams Lantern.
    (2) Engineering, radio operator, tankerman, and MODU standard. An
applicant must have correctable vision of at least 20/50 in one eye and
uncorrected vision of at least 20/200 in the same eye and need only
have the ability to distinguish the colors red, green, blue and yellow.
    (3) Any applicant whose uncorrected vision does not meet the
standards listed above, and is granted a waiver in accordance with
paragraph (g) of this section, may not serve under the authority of the
endorsement unless corrective lenses are worn and spare lenses are
carried onboard a vessel.
    (c) Hearing test. If the medical practitioner conducting the
general medical exam has concerns that an applicant's ability to hear
may impact maritime safety, the examining medical practitioner, if not
qualified to conduct the appropriate examinations, must refer the
applicant to an audiologist or other hearing specialist to conduct an
audiometer test and/or a speech discrimination test, as appropriate.
    (1) The audiometer test should include testing at the following
thresholds: 500 Hz; 1,000 Hz; 2,000 Hz; and 3,000 Hz. The frequency
responses for each ear should be averaged to determine the measure of
an applicant's hearing ability. Applicants must demonstrate an unaided
threshold of 20 decibels or less in each ear.
    (2) The functional speech discrimination test should be carried out
at a level of 55 decibels. For issuance of an original MMC or
endorsement the applicant must demonstrate functional speech
discrimination of at least 90%. For renewal or raise of grade, the
applicant must demonstrate functional speech discrimination of at least
80%. An applicant who is unable to meet the standards of the audiometer
test, but who can pass the functional speech discrimination test, may
be eligible for a medical waiver in accordance with paragraph (g) of
this section.
    (d) General medical exam. (1) This exam must be documented and of
such scope to ensure that there are no conditions that pose an
inordinate risk of sudden incapacitation or debilitating complication.
This exam must also document any condition requiring medication that
impairs judgment or reaction time. Examples of physical impairment or
medical conditions that could lead to disqualification include, but are
not limited to, poorly controlled diabetes, myocardial infarctions,
psychiatric disorders, and convulsive disorders.
    (2) Food handlers are not required to submit to a general medical
exam, but must obtain a statement from a licensed physician, physician
assistant, or nurse practitioner attesting that they are free of
communicable diseases.
    (e) Demonstration of physical ability. (1) A demonstration of
physical ability is required only if the medical practitioner
conducting the general medical exam is concerned that an applicant's
physical ability may impact maritime safety or if table 10.215(a) shows
that the mariner must pass a demonstration of physical ability, but he
or she is not required to pass a general medical exam.
    (2) For an applicant to satisfactorily pass a demonstration of
physical ability, the examiner must be satisfied that the applicant:
    (i) Has no disturbance in the sense of balance;

    (ii) Is able, without assistance, to climb up and down vertical
ladders and inclined stairs;
    (iii) Would be able, without assistance, to step over a door sill
or coaming;
    (iv) Would be able to grasp, lift, and manipulate various common
shipboard tools; move hands and arms to open and close valve wheels in
vertical and horizontal directions, and rotate wrists to turn handles;
    (v) Does not have any impairment or disease that could prevent
normal movement and physical activities;
    (vi) Is able to stand and walk for extended periods;
    (vii) Does not have any impairment or disease that could prevent
response to a visual or audible alarm; and
    (viii) Is capable of normal conversation.
    (f) Reports of medical and physical exams, demonstrations, and
tests. These reports must be submitted within 12 months from the date
signed by the licensed medical professional. When submitted with a
complete application package these reports remain valid for 12 months
from the date of the application approval.
    (g) Medical waivers. Where an applicant does not possess the
vision, hearing, or general physical condition necessary, the Coast
Guard, after consultation with the examining licensed physician,
licensed physician assistant, or licensed nurse practitioner may grant
a waiver if extenuating circumstances warrant special consideration. An
applicant may submit to the Coast Guard additional correspondence,
records, and reports in support of a waiver. In this regard,
recommendations from agencies of the Federal Government operating
government vessels, as well as owners and operators of private vessels,
made on behalf of their employees, will be given full consideration.
Waivers are not normally granted to an applicant whose corrected vision
in the better eye is not at least 20/40 for deck officers or 20/50 for
engineer officers.
    (h) Individuals holding only a staff officer endorsement need not
meet the medical and physical requirements of this section.

Sec.  10.217  Merchant mariner credential application and examination
locations.

    (a) Applicants may apply to any of the Regional Examination
Centers. Applicants may contact the National Maritime Center at 100
Forbes Drive, Martinsburg, WV 25404, or by telephone 1-888-427-5662 or
304-433-3400. A list of Regional Examination Center locations is
available through the Coast Guard Web site at http://www.uscg.mil/stcw.
    (b) Coast Guard-designated facilities. The Coast Guard may
designate additional locations to provide services to applicants for
MMCs.
    (c) Exam Locations Abroad. (1) Coast Guard Merchant Marine Details
abroad may conduct exams for ratings at locations other than the RECs,
but are not prepared to conduct the physical examination where
required. Merchant Marine Details may not issue regular rating
endorsements, but temporary permits in lieu thereof. Merchant Marine
Details will instruct the recipient of each temporary permit to present
it to the OCMI, upon arrival in the first port in the United States in
order to exchange it for a permanent credential.
    (2) The temporary permit must be accepted by the OCMI as proof that
the bearer has complied with the rules and regulations governing the
issuance of credentials, except as noted in the body of the temporary
permit. The requirements noted in the exceptions will be complied with
as in the case of other applicants.
    (3) The written examinations are forwarded to the National Maritime
Center by Merchant Marine Details. When an applicant with a temporary
permit appears before an OCMI, that OCMI may request and obtain the
examination from the National Maritime Center. Any OCMI who doubts the
propriety of issuing a permanent credential instead of a temporary
permit which has been issued by an overseas Merchant Marine Detail must
inform the National Maritime Center fully as to the circumstances.

Sec.  10.219  Fees.

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

                                              Table 10.219(a) Fees
----------------------------------------------------------------------------------------------------------------
                                                                  And you need . . .
                                     ---------------------------------------------------------------------------
          If you apply for             Evaluation then the fee    Examination then the    Issuance then the fee
                                              is . . .                fee is . . .               is . . .
----------------------------------------------------------------------------------------------------------------
MMC with officer endorsement:
    Original:.......................
        Upper level.................  $100....................  $110...................  $45
        Lower level.................  100.....................  95.....................  45
    Renewal.........................  50......................  45.....................  45
    Raise of grade..................  100.....................  45.....................  45
    Modification or removal of        50......................  45.....................  45
     limitation or scope.
Radio officer endorsement:
    Original........................  50......................  45.....................  45
    Renewal.........................  50......................  n/a....................  45
Staff officer endorsements:
    Original........................  90......................  n/a....................  45
    Renewal.........................  50......................  n/a....................  45
MMC with rating endorsement:
Original endorsement for ratings      95......................  n/a....................  45
 other than qualified ratings.
Original endorsement for qualified    95......................  140....................  45
 rating.
Upgrade or Raise of 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
    Renewal.........................  No fee..................  No fee.................  No fee

Reissue, replacement, and duplicate.  n/a.....................  n/a....................  \1\ $45
----------------------------------------------------------------------------------------------------------------
\1\ Duplicate for MMC lost as result of marine casualty--No Fee.

    (b) Fee payment procedures. Applicants may pay:
    (1) All fees required by this section at the time the application
is submitted; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when the application is submitted.
    (ii) An examination fee before the first examination section is
taken.
    (iii) An issuance fee before receipt of the MMC.
    (c) If the examination is administered at a place other than an
REC, the examination fee must be paid to the REC at least one week
before the scheduled examination date.
    (d) Unless the REC provides additional payment options, fees must
be paid as follows:
    (1) Fee payment(s) must be for the exact amount.
    (2) Payments may be made by cash, check, money order, or credit
card.
    (3) Payments submitted by mail may not be made in cash. Mailed
payments should specify the type of credential sought and the type of
fee (e.g., evaluation, examination, issuance) being paid. The address
for sending payment by mail can be found at http://www.uscg.mil/stcw/
ldcr-userfees.htm.
    (4) Checks or money orders are to be made payable to the U.S. Coast
Guard, and the full legal name and last four digits of applicant's
security number must appear on the front of each check or money order.
    (5) Fee payment may be made by electronic payment in a manner
specified by the Coast Guard. For information regarding current forms
of electronic payment, go to http://www.uscg.mil/stcw/ldcr-
userfees.htm.
    (e) Unless otherwise specified in this part, when two or more
endorsements are processed on the same application:
    (1) Evaluation fees. If an applicant simultaneously applies for a
rating endorsement and a deck or engineer officer's endorsement, only
the evaluation fee for the officer's endorsement will be charged. If an
applicant simultaneously applies for a staff officer or radio officer
endorsement along with the deck or engineer officer's endorsement, only
the evaluation fee for the deck or engineer officer's endorsement will
be charged. No evaluation fee is charged for an STCW endorsement.
    (2) Examination fees. One examination fee will be charged for each
exam or series of exams for an original, raise of grade, or renewal of
an endorsement on an MMC taken within one year from the date of the
application approval. An examination fee will also be charged to
process an open-book exercise used to renew an MMC. If an officer
endorsement examination under part 11 of this chapter also fulfills the
examination requirements in part 12 of this chapter for rating
endorsements, only the fee for the officer endorsement examination is
charged.
    (3) Issuance fees. Only one issuance fee will be charged for each
MMC issued, regardless of the number of endorsements placed on the
credential. There is no fee for a Document of Continuity.
    (f) The Coast Guard may assess additional charges to anyone to
recover collection and enforcement costs associated with delinquent
payments, failure to pay a fee, or returned checks. The Coast Guard
will not provide credentialing services to a mariner who owes money for
credentialing services previously provided.
    (g) Anyone who fails to pay a fee or charge established under this
subpart is liable to the United States Government for a civil penalty
of not more than $6,500 for each violation.
    (h) No-fee MMC for certain applicants. (1) For the purpose of this
section, a no-fee MMC applicant is a person who is a volunteer, or a
part-time or full-time employee of an organization that is:
    (i) Charitable in nature;
    (ii) Not for profit; and
    (iii) Youth oriented.
    (2) Determination of eligibility. (i) An organization may submit a
written request to U.S. Coast Guard National Maritime Center, 100
Forbes Drive, Martinsburg, WV 25404, in order to be considered an
eligible organization under the criteria set forth in paragraph (h)(1)
of this section. With the written request, the organization must
provide evidence of its status as a youth-oriented, not-for-profit,
charitable organization.
    (ii) The following organizations are accepted by the Coast Guard as
meeting the requirements of paragraph (h)(1) of this section and need
not submit evidence of their status: Boy Scouts of America, Sea
Explorer Association, Girl Scouts of the United States of America, and
Young Men's Christian Association of the United States of America.
    (3) A letter from an organization determined eligible under
paragraph (h)(2) of this section must also accompany the person's MMC
application to the Coast Guard. The letter must state that the purpose
of the person's application is solely to further the conduct of the
organization's maritime activities. The applicant then is eligible
under this section to obtain a no-fee MMC if other requirements for the
MMC are met.
    (4) An MMC issued to a person under this section is endorsed
restricting its use to vessels owned or operated by the sponsoring
organization.
    (5) The holder of a no-fee MMC issued under this section may have
the restriction removed by paying the appropriate evaluation,
examination, and issuance fees that would have otherwise applied.

Sec.  10.221  Citizenship.

    (a)(1) MMCs with officer Endorsements. Only individuals with valid
U.S. citizenship may apply for officer endorsements, except individuals
applying for endorsements as operators of uninspected passenger vessels
authorizing service on undocumented vessels in accordance with Sec.
11.201(d) of this part.
    (2) All other MMCs. All other applicants, except as noted in Sec.
12.40-11 of this subchapter, must be either:
    (i) A citizen of the United States;
    (ii) An alien, as defined under Section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (the Act), who
is lawfully admitted to the United States for permanent residence, as
defined by Section 101(a)(20) of the Act.; or
    (iii) A foreign national who is enrolled in the United States
Merchant Marine Academy (USMMA).

    (b) Beginning April 15, 2009, proof of citizenship or alien status
must be submitted to the Transportation Security Administration (TSA)
with the applicant's TWIC application in accordance with 49 CFR
1572.17(a)(11). Until April 15, 2009, proof of citizenship or alien
status must be submitted by appearing at a Regional Exam Center.
    (c) TSA and the Coast Guard may reject any evidence of citizenship
that is not believed to be authentic. Acceptable evidence of
citizenship may be an original or a copy certified as true by the
agency responsible for issuing the document of the following:
    (1) If the individual is applying for an officer endorsement (with
the exception of those applying for an MMC endorsed only as Operator of
an Uninspected Passenger Vehicle (OUPV) of an undocumented vessel), the
individual must provide an original of any one of the following
documents:
    (i) Certified copy of a birth certificate, issued by a State,
county, municipality or outlying possession of the U.S. bearing an
official seal;
    (ii) U.S. passport (expired or unexpired);
    (iii) Certificate of Citizenship issued by U.S. Citizenship and
Immigration Services or the Immigration and Naturalization Service;
    (iv) Certificate of Naturalization issued by U.S. Citizenship and
Immigration Services or the Immigration and Naturalization Service; or
    (v) Merchant mariner's document issued by the Coast Guard after
February 3, 2003, that shows that the holder is a citizen of the United
States.
    (2) If the individual is applying for a rating endorsement and they
hold one of the documents listed in paragraph (c)(1)(i) through (v) of
this section, these documents are also acceptable as evidence of
citizenship. If the individual does not hold any one of those documents
listed in paragraph (c)(1)(i) through (v), the individual must provide
an original unexpired foreign passport and an original of any one of
the following documents:
    (i) Permanent resident card (form I-551) issued by U.S. Citizenship
and Immigration Services bearing the certification that the alien was
admitted to the United States as an immigrant,
    (ii) A declaration of intention to become a citizen of the United
States issued by a naturalization court; or
    (iii) A certificate issued by the consular representative of the
country of which the alien is a citizen or subject.
    (3) If the individual is the holder of or applying for a rating
endorsement and the individual does not hold any of the documents
listed in paragraphs (c)(1) or (2) of this section, proof of enrollment
in the United States Merchant Marine Academy (USMMA) in the form of an
original letter from the USMMA, signed by the Superintendent attesting
to the individual's enrollment along with an unexpired foreign passport
issued by the government of the country in which the alien is a citizen
or subject, with a valid U.S. visa affixed to the passport, will be
acceptable evidence of lawful status in the United States.
    (4) If the individual is applying for an MMC endorsed only as OUPV
of an undocumented vessel, the individual must provide an original of
any one of the documents enumerated in paragraphs (c)(1)(i) through (v)
or (c)(2)(i) or (ii) of this section, or proof of acceptable alien
status as provided in 49 CFR 1572.105.

Sec.  10.223  Modification or removal of limitations or scope.

    (a) If the Coast Guard is satisfied by the documentary evidence
submitted that an applicant is entitled by experience, training, and
knowledge to an endorsement or increase in the scope of any MMC held,
any limitations that were previously placed upon the MMC by the Coast
Guard may be changed or removed. Such an increase in scope may include
a change in horsepower or tonnage limitations, or geographic route
restrictions.
    (b) Modifications or removal of limitations or scope to MMC
endorsement(s) under this section will not change the expiration date
of the mariner's MMC unless the applicant renews all endorsements that
would appear on the MMC under Sec.  10.227 of this part.
    (c) A complete application for modification or removal of
limitation of scope must contain the following:
    (1) A completed signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid
TWIC;
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the transaction sought:
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter.
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
    (iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this chapter.
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code
(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
and
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy, front and back of all pages,
and all attachments, will satisfy this requirement. If the applicant
submits a photocopy, upon the issuance of the new MMC, the applicant
must surrender the old, original credential to the Coast Guard. If
requested in writing at the time of submission, the old MMD, MMC,
license, COR, or STCW endorsement may be returned to the applicant
after cancellation.
    (d) No limitation on any endorsement may be changed before the
applicant has made up any deficiency in the experience prescribed for
the endorsement or endorsement desired and passed any necessary
examination.

Sec.  10.225  Requirements for original merchant mariner credentials.

    (a) An applicant must apply as an original if the MMC sought is:
    (1) The first credential issued to the applicant;
    (2) The first credential issued to an applicant after their
previous credential has expired and they do not hold a document of
continuity under Sec.  10.227(e) of this part or an equivalent
unexpired continuity endorsement on their license or MMD; or
    (3) The first credential issued to an applicant after their
previous credential was revoked pursuant to Sec.  10.235 of this part.
    (b) A complete application for an original MMC must contain the
following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner either holds a
valid TWIC or has applied for a TWIC;
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for all endorsements sought;
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter.
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
    (iii) For a tankerman rating endorsement, the applicant must also
provide those documents or proofs required in part 13 of this chapter.
    (iv) The mandatory requirements for STCW Endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code

(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec.  16.220 of this
subchapter;
    (6) Discharges or other documentary evidence of service indicating
the name, tonnage, and propulsion power of the vessels, dates of
service, capacity in which the applicant served, and on what waters,
where sea service is required;
    (7) Proof, documented on a form provided by the Coast Guard, that
the applicant passed all applicable vision, hearing, medical, and/or
physical exams as required by Sec.  10.215 of this part.
    (8) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended; and
    (9) The oath as required in paragraph (c) of this section.
    (c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such an oath, that he or
she will faithfully and honestly, according to his or her best skill
and judgment, without concealment or reservation, perform all the
duties required by law and obey all lawful orders of superior officers.
An oath may be administered by any Coast Guard-designated individual or
any person legally permitted to administer oaths in the jurisdiction
where the person taking the oath resides. An oath administered at a
location other than those listed in Sec.  10.217 must be verified in
writing by the administering official and submitted to the same REC
where the applicant applied for his or her MMC. This oath remains
binding for any subsequently issued MMC and endorsements added to the
MMC, unless specifically renounced in writing.

Sec.  10.227  Requirements for renewal.

    (a) Except as provided in paragraph (e) of this section, an
applicant for renewal of a credential must establish possession of all
of the necessary qualifications before the renewal MMC will be issued.
    (b) A credential may be renewed at any time during its validity and
for one year after expiration.
    (c) No credential will be renewed if it has been suspended without
probation or revoked as a result of action under part 5 of this chapter
or if facts that would render a renewal improper have come to the
attention of the Coast Guard.
    (d) Except as provided in paragraph (e) of this section, a complete
application for renewal must contain the following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid
TWIC;
    (3) The appropriate fee as set forth in Sec.  10.219 of this part;
    (4) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy--front, back, and all
attachments--will satisfy this requirement. If the applicant submits a
photocopy, upon the issuance of the new MMC, the applicant must
surrender the old original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR,
or STCW endorsement may be returned to the applicant after
cancellation;
    (5) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec.  16.220 of this
subchapter;
    (6) Proof, documented on a form provided by the Coast Guard, that
the applicant passed all applicable vision, hearing, medical, and/or
physical exams as required by Sec.  10.215 of this part;
    (7) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended;
    (8) Except as provided in paragraph (d)(8)(viii) of this section,
the applicant must meet the following professional requirements for
renewal:
    (i) The applicant must either--
    (A) Present evidence of at least one year of sea service during the
past five years;
    (B) Pass a comprehensive, open-book exercise covering the general
subject matter contained in appropriate sections of subpart (I) of this
part;
    (C) Complete an approved refresher training course; or
    (D) Present evidence of employment in a position closely related to
the operation, construction, or repair of vessels (either deck or
engineer as appropriate) for at least three years during the past five
years. An applicant for a deck license or officer endorsement with this
type of employment must also demonstrate knowledge on an applicable
Rules of the Road open-book exercise.
    (ii) The qualification requirements for renewal of radar observer
endorsement are in Sec.  11.480 of this chapter.
    (iii) Additional qualification requirements for renewal of an
officer endorsement as first-class pilot are contained in Sec.  11.713
of this chapter.
    (iv) An applicant for renewal of a radio officer's endorsement
must, in addition to meeting the requirements of this section, present
evidence of a currently valid license as first or second-class
radiotelegraph operator issued by the Federal Communications
Commission. If submitted, the original license will be returned to the
applicant.
    (v) An applicant for renewal of an endorsement as medical doctor or
professional nurse must, in addition to meeting the requirements of
this section, present evidence that he or she holds a currently valid,
appropriate license as physician, surgeon, or registered nurse issued
under the authority of a state or territory of the United States, the
Commonwealth of Puerto Rico, or the District of Columbia. Any such
renewal will retain the limitations placed upon the medical license by
the issuing body. There are no professional requirements for renewal of
an endorsement as marine physician assistant or hospital corpsman.
    (vi) An applicant for renewal of an endorsement as master or mate
(pilot) of towing vessels must submit satisfactory evidence of:
    (A) Having completed a practical demonstration of maneuvering and
handling a towing vessel to the satisfaction of a designated examiner;
or
    (B) Ongoing participation in training and drills during the
validity of the license or MMC being renewed.
    (vii) An applicant seeking to renew a tankerman endorsement must
meet the additional requirements listed in Sec.  13.120 of this
chapter.
    (viii) There are no professional requirements for renewal for the
following endorsements:
    (A) Radio officer;
    (B) Staff officers (all types);
    (C) Ordinary seaman;
    (D) Wiper;
    (E) Steward's department (F.H.);
    (F) Cadet;
    (G) Student observer;
    (H) Apprentice engineer;
    (I) Apprentice mate (issued under part 12 of this subchapter);
    (J) Person in charge of medical care;
    (K) Medical first-aid provider;
    (L) GMDSS at-sea maintainer; and
    (M) GMDSS operator.
    (9) Except as otherwise provided, each candidate for a renewal of
an STCW endorsement must meet the applicable requirements of Sec.
11.202 of this chapter and must meet the requirements of section A-VI/
2, paragraphs 1 to 4 of the STCW Code (incorporated by reference in
Sec.  10.103).

    (e) Document of continuity. (1) Applicants for renewal who are
unwilling or otherwise unable to meet the requirements of paragraph (d)
of this section, including but not limited to the medical and physical
standards of Sec.  10.215, drug tests, and TWIC, may apply for a
document of continuity issued by the Coast Guard. Documents of
continuity do not expire and are issued solely to maintain an
individual's eligibility for renewal. A document of continuity does not
entitle an individual to serve as a merchant mariner. A holder of a
document of continuity may obtain a properly endorsed, valid MMC at any
time by satisfying the requirements for renewal as provided in
paragraph (d).
    (2) Applications for a document of continuity must include:
    (i) The credential to be renewed. Upon written request, the Coast
Guard will return the credential to the applicant after it has been
cancelled; and
    (ii) An application including a signed statement from the applicant
attesting to an awareness of the limited purpose of the Document of
Continuity, their inability to serve, and the requirements to obtain an
MMC.
    (f) Administrative grace period. Except as provided herein, a
credential may not be renewed more than 12 months after it has expired.
To obtain a re-issuance of the credential, an applicant must comply
with the requirements of paragraph (g) of this section. When an
applicant's credential expires during a time of service with the Armed
Forces and there is no reasonable opportunity for renewal, including by
mail, this period may be extended. The period of military service
following the date of expiration which precluded renewal may be added
to the 12-month grace period. The 12-month grace period and any
extensions do not affect the expiration date of the credential. A
license, MMD, COR, STCW endorsement, MMC, and any endorsements thereon,
are not valid for use after the expiration date.
    (g) Re-issuance of expired credentials. (1) Whenever an applicant
applies for re-issuance of an endorsement as deck officer, engineer
officer, or qualified rating more than 12 months after expiration,
instead of the requirements of paragraph (g) of this section, the
applicant must demonstrate continued professional knowledge by
completing a course approved for this purpose, or by passing the
complete examination. The examination may be oral-assisted if the
expired credential was awarded on an oral exam. The fees set forth in
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 re-
issuing endorsements for chief purser, purser, senior assistant purser,
junior assistant purser, hospital corpsman, marine physician assistant,
medical doctor, or professional nurse that have been expired for more
than 12 months.

Sec.  10.229  Issuance of duplicate merchant mariner credentials.

    (a) Upon request and without examination, a mariner may be issued a
duplicate credential after submitting an application with an affidavit
describing the circumstances of the loss. The Coast Guard will only
issue the duplicate credential after confirming the validity of the
mariner's credential and, beginning April 15, 2009, the validity of the
mariner's TWIC.
    (b) The duplicate will have the same authority, wording, and
expiration date as the lost credential. A duplicate credential will
reference the serial number, type, place of issue, and date of issue of
the replaced credential(s). The duplicate issued will be in the form of
an MMC. Until April 15, 2014, if a mariner seeks a duplicate of more
than one credential, the MMC issued will reflect endorsements for all
credentials lost, and the expiration date will match the earliest
expiration date of the credentials lost.
    (c) If a person loses a credential by shipwreck or other casualty,
a duplicate will be issued free of charge. The term ``other casualty''
includes any damage to a ship caused by collision, explosion, tornado,
wreck, flooding, beaching, grounding, or fire; or personal loss
associated with a federally declared natural disaster.
    (d) If a person loses a credential by means other than those noted
in paragraph (c) of this section and applies for a duplicate, the
appropriate fee set out in Sec.  10.219 must be paid.
    (e) No application from an alien for a duplicate credential will be
accepted unless the alien complies with the requirements of Sec.
10.221 of this part.
    (f) Applications for duplicate credentials will not be subject to a
criminal record review.

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

    (a) This section applies to applicants who already hold a valid
credential and want to make the following transaction(s):
    (1) Add a new endorsement; or
    (2) Raise of grade of an existing endorsement.
    (b) New endorsements or raises of grade of existing endorsements on
an MMC under this section will not change the expiration date of the
MMC unless the applicant renews all endorsements that appear on the MMC
under Sec.  10.227 of this part.
    (c) A complete application for a new endorsement or raise of grade
must contain the following:
    (1) A completed, signed application;
    (2) Beginning April 15, 2009, proof that the mariner holds a valid
TWIC;
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the new endorsement(s) sought;
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this chapter and paragraph (d) of this section.
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this chapter.
    (iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this chapter.
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11 and 12 of this chapter and in the STCW Convention and Code
(incorporated by reference, see Sec.  10.103).
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy--front, back, and all
attachments--will satisfy this requirement. If the applicant submits a
photocopy, upon the issuance of the new MMC, the applicant must
surrender the old original credential to the Coast Guard. If requested
in writing at the time of submission, the old MMD, MMC, license, COR,
or STCW endorsement may be returned to the applicant after
cancellation;
    (6) Applicants for the following endorsements must produce evidence
of having passed a chemical test for dangerous drugs or of qualifying
for an exemption from testing in Sec.  16.220 of this subchapter:
    (i) Any officer endorsement; and
    (ii) The first endorsement as able seaman, lifeboatman, qualified
member of the engine department, or tankerman.

    (7) An applicant for an endorsement where sea service is required
must produce discharges or other documentary evidence of service,
indicating the name, tonnage, and horsepower of the vessels, dates of
service, capacity in which the applicant served, and on what waters;
    (8) Applicants who have not submitted evidence within the past
three years that they have passed all applicable vision, hearing,
medical, and/or physical exams required in Sec.  10.215 for the
particular endorsement sought must submit proof, on a Coast Guard-
approved form, that the applicant has passed those medical/physical
tests and exams; and
    (9) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended.
    (d) Additional requirements for an applicant seeking a raise of
grade of an officer endorsement:
    (1) Sea service acquired before the issuance of an officer
endorsement is generally not accepted as any part of the service
required for a raise of grade of that endorsement. However, service
acquired before issuance of an officer endorsement will be accepted for
certain crossovers, endorsements, or increases in scope of an MMC, as
appropriate. In the limited tonnage categories for deck officers, total
accumulated service is a necessary criterion for most raises of grade;
service acquired before the issuance of such officer endorsements will,
therefore, be accepted.
    (2) No raise of grade may be issued to any naturalized citizen on
less experience in any grade than would have been required of a citizen
of the United States by birth.
    (3) Experience and service acquired on foreign vessels while
holding a valid U.S. officer endorsement is creditable for establishing
eligibility for a raise of grade, subject to evaluation by the Coast
Guard to determine that it is a fair and reasonable equivalent to
service acquired on merchant vessels of the United States, with respect
to grade, tonnage, horsepower, waters, and operating conditions. An
applicant who has obtained the qualifying experience on foreign vessels
shall submit satisfactory documentary evidence of such service
(including any necessary translations into English) in the forms
prescribed by paragraph (c)(7) of this section.
    (4) An applicant remains eligible for a raise of grade while on
probation as a result of action under part 5 of this chapter. A raise
of grade issued to a person on probation will be subject to the same
probationary conditions imposed against the applicant's other
credentials. The offense for which he or she was placed on probation
will be considered on the merits of the case in determining fitness to
hold the endorsement applied for. No applicant will be examined for a
raise of grade during any period when a suspension without probation or
a revocation imposed under part 5 of this chapter is effective against
the applicant's credential or while an appeal from these actions is
pending.
    (5) Professional examination. (i) When the Coast Guard finds an
applicant's experience and training for raise of grade to be
satisfactory, and the applicant is eligible in all other respects, the
Coast Guard will authorize a professional examination.
    (ii) Oral-assisted examinations may be administered in accordance
with Sec.  11.205(f) of this chapter. The Coast Guard will place in the
applicant's file a record indicating the subjects covered.
    (iii) The general instructions for administration of examinations
and the lists of subjects for all officer endorsements appear in part
11, subpart I of this chapter.

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

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

Sec.  10.235  Suspension or revocation of merchant mariner credentials.

    (a) Any MMC or endorsement is subject to suspension or revocation
on the same grounds, in the same manner, and with like procedure as
provided in 46 U.S.C. chapter 77.
    (b) When any individual's credential is revoked, it is no longer
valid for any purpose, and any MMC subsequently requested must be
applied for as an original. When an endorsement on an individual's MMC
is revoked, it is no longer valid, and any endorsement of the same type
subsequently requested must be applied for as an original. When an
officer's endorsement is revoked, the Coast Guard will issue an MMC
containing any rating endorsement for which the holder is qualified.
    (c) An applicant who has had a TWIC, credential, or endorsement
revoked, and who is applying for a subsequent MMC or endorsement, must
state in his or her application the date of revocation, the serial
number of the document revoked, and the type of document or endorsement
revoked.
    (d) A person whose credential or endorsement has been revoked or
suspended without probation may not be issued a replacement credential
or endorsement without approval of the Commandant. If a mariner has