[Federal Register: March 16, 2009 (Volume 74, Number 49)]
[Rules and Regulations]
[Page 11195-11267]
[DOCID:fr16mr09-17]

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Part II

Department of Homeland Security

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Coast Guard

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33 CFR Parts 1, 20, 70, et al.

46 CFR Parts 1, 4, 5, et al.

Consolidation of Merchant Mariner Qualification Credentials; Final Rule

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

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

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

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

Consolidation of Merchant Mariner Qualification Credentials

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard issues this final rule to consolidate the
regulations covering issuance of merchant mariner qualification
credentials, to reduce the burden on mariners by limiting the number of
times they need to appear in person to provide fingerprints and proof
of identity, and to address comments received from the public in
response to the Supplemental Notice of Proposed Rulemaking, in some
cases through revisions based on those comments. This final rule works
in tandem with the joint final rule published by the Coast Guard and
the Transportation Security Administration on January 25, 2007,
entitled ``Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License''.

DATES: This final rule is effective April 15, 2009. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of April 15, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2006-24371 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mayte Medina, Coast Guard, telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Acronyms
II. Regulatory History
III. Background and Purpose
IV. Summary of Changes From SNPRM
V. Discussion of Comments and Changes
    A. Comments Regarding the TWIC Rulemaking
    B. General
    C. Appeals
    D. Application Process
    E. Background Checks
    F. Coast Guard Authority
    G. Citizenship
    H. Consistency
    I. Continuity Documents
    J. Definitions
    K. Fees
    L. Format
    M. Large Passenger Vessels
    N. License Creep
    O. Medical
    P. National Maritime Center
    Q. Oaths
    R. Pilots
    S. Posting of Credential
    T. Social Security Numbers
    U. International Convention on the Standards on Training,
Certification, and Watchkeeping for Seafarers, 1978, as Amended
(STCW)
    V. Training
    W. Integration With TWIC
    X. Questions Outside the Scope of This Rulemaking
VI. Regulatory Evaluation
    A. Executive Order 12866
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Acronyms

ADA Americans with Disabilities Act
ARPA Automatic Radar Plotting Aid
ATP Airline Transport Pilot
CFR Code of Federal Regulations
CBP Customs and Border Patrol
COR Certificate of Registry
EEOC Equal Employment Opportunity Commission
FAA Federal Aviation Administration
FR Final Rule
GMDSS Global Maritime Distress and Safety System
ILO International Labor Organization
IMO International Maritime Organization
MERPAC Merchant Marine Personnel Advisory Committee
MMC Merchant Mariner Credential
MMD Merchant Mariner Document
MODU Mobile Offshore Drilling Unit
NARA National Archives and Records Administration
NDR National Driver Register
NEPA National Environmental Policy Act
NMC National Maritime Center
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
NVIC Navigation and Inspection Circular
OCMI Officer in Charge, Marine Inspection
OICEW Officer in Charge of Engineering Watch
OICNW Officer in Charge of Navigational Watch
OMB Office of Management and Budget
OSV Offshore Supply Vessels
PVSA Passenger Vessel Safety Act of 1993
QMED Qualified Member of the Engine Department
REC Regional Examination Center
RFPNW Rating Forming Part of a Navigational Watch
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS Convention for the Safety of Life at Sea
SSN Social Security Number
STCW International Convention on the Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended.
TOAR Towing Officer's Assessment Record
TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
US United States
USC United States Code

II. Regulatory History

    On May 22, 2006, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register titled ``Consolidation of
Merchant Mariner Qualification Credentials'' (71 FR 29462). The NPRM
included a 45-day comment period, and announced four public meetings
that were held in Newark, NJ, Tampa, FL, St. Louis, MO, and Long Beach,
CA. During the comment period for the NPRM, the Coast Guard received
over 100 requests, both in writing and in person at the public
meetings, for additional time to comment.
    In response, on January 25, 2007, the Coast Guard published a
Supplemental Notice of Proposed Rulemaking (SNPRM) under the same title
in the Federal Register (72 FR 3605) providing an additional three
months for comments. The SNPRM included a discussion of all comments
received in response to the NPRM. We received 19 letters commenting on
the SNPRM. No public meeting was requested and none was held.

III. Background and Purpose

    A complete discussion of the background and purpose for this rule
can be found in the preamble to the NPRM, 71 FR 29463. Under the
current

regulations being amended in this rule, the Coast Guard may issue up to
four credentials to a mariner: A Merchant Mariner's Document (MMD),
Merchant Mariner's License (License), Certificate of Registry (COR),
and an International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers (STCW) Endorsement. Each credential
serves a separate purpose, thus creating the possibility that a mariner
might need all four.
    The Maritime Transportation Security Act of 2002, 46 U.S.C. 70105,
(MTSA) requires all merchant mariners credentialed under 46 U.S.C. part
E to undergo a security threat assessment and obtain a transportation
security card. This provision has been implemented by the
Transportation Security Administration (TSA), which has begun
implementing the Transportation Worker Identification Credential (TWIC)
into the maritime sector, and the Coast Guard. All mariners are
required, under Coast Guard regulations, to obtain a TWIC by April 15,
2009.\1\ This means that, without a regulatory change, a mariner would
need up to five credentials.
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    \1\ The first TWIC Final Rule, published on January 25, 2007,
required all mariners to have a TWIC by September 25, 2008. See 72
FR 3492. On May 7, 2008, the Department of Homeland Security
published a Final Rule delaying the date by which mariners must hold
a TWIC until April 15, 2009. See 73 FR 25562.
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    This rule will minimize these redundant credentialing requirements,
and ease the burden on merchant mariners. The Coast Guard is
streamlining its mariner regulations and consolidating the four
separate credentialing documents into one Merchant Mariner Credential
(MMC). In addition to reducing the number of credentials a mariner will
need to hold, this rule also eliminates redundant burdens and
government processes.

IV. Summary of Changes From SNPRM

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            Cite                     Change                Reason
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Throughout document.........  Changed the date by   To reflect change in
                               which a mariner       mariner compliance
                               must hold a TWIC      date published by
                               from September 25,    DHS in a Final Rule
                               2008 to April 15,     on May 7, 2008 (73
                               2009.                 FR 25562).
46 CFR 10.209, 10.211,        Added language to     To allow the Coast
 10.214, 10.221, 10.223,       reflect that          Guard to begin
 10.225, 10.227, 10.229,       applications for      issuing the MMC
 10.231, 10.235, 12.02-7.      MMC's prior to        prior to the date
                               April 15, 2009 will   that mariners are
                               still need to be      required to hold a
                               made in person at     TWIC, and prior to
                               an REC to provide     the date when TSA
                               fingerprints and      will begin sharing
                               proof of identity,    applicant
                               and that for these    information with
                               applications, the     the Coast Guard.
                               Coast Guard will
                               still conduct
                               security threat
                               assessments. After
                               April 15, 2009, TSA
                               will collect the
                               fingerprints and
                               proof of identity
                               and forward that
                               information to the
                               Coast Guard
                               (National Maritime
                               Center (NMC)).
33 CFR 164.13...............  Changed the term      In response to
                               from properly, to     comments.
                               appropriately.
46 CFR 10.107...............  Added language to     In response to
                               the definition of     comments and
                               safe and suitable     changes to
                               person to refer the   regulations.
                               reader to 46 CFR
                               10.211 and 10.213;
                               and added
                               definitions for
                               large passenger
                               ship, non-resident
                               alien and steward's
                               department.
46 CFR 10.109...............  Added the first       In response to
                               class pilot           comments.
                               endorsement, and in
                               (b) added
                               subcategories of
                               able seaman for
                               consistency as well
                               as clarity with the
                               requirements in
                               Parts 12 and 15.
46 CFR 10.211...............  Added language to     In response to
                               specifically state    comments.
                               responses that
                               applicants need
                               only provide
                               written disclosure
                               of convictions not
                               previously
                               disclosed on an
                               application.
46 CFR 10.215 Table (a).....  Revised the table to  In response to
                               place the reg cites   comments.
                               for the requirement.
46 CFR 10.215(c)............  Revised to allow the  In response to
                               medical examiner,     comments.
                               if qualified, to
                               conduct the
                               appropriate
                               examinations.
46 CFR 10.221(a)(2).........  Added exception for   In response to
                               large passenger       comments and
                               vessel.               Congress.
46 CFR 10.225...............  Removed the           In response to
                               requirement that a    comments.
                               mariner have proof    Additionally, it
                               of applying for a     provides more
                               TWIC within the       flexibility.
                               past 30 days.
46 CFR 10.237...............  Added language to     In response to
                               specify that the      comments.
                               Coast Guard will
                               provide the
                               applicant the
                               reason(s) for
                               denial of an
                               application
                               directly to the
                               applicant.
46 CFR 11.304(h)(7).........  Removed the           In response to
                               requirement for       comments and
                               gathering the TWIC    realization that we
                               information.          had sufficient
                                                     information to
                                                     determine the
                                                     identity of the
                                                     officer conducting
                                                     the assessment.
46 CFR 11.518...............  Added the             In response to
                               abbreviation for      comments.
                               Qualified Member of
                               the Engine
                               Department (QMED).
46 CFR 11.520...............  Replaced qualified    In response to
                               member of the         comments.
                               engine department
                               with QMED.
46 CFR 11.1005..............  Removed the date....  In response to
                                                     comments and date
                                                     is no longer
                                                     necessary.
46 CFR 12.02-11(d)..........  Revised to state      In response to
                               that ratings          comments.
                               endorsements will
                               be issued if the
                               holder or applicant
                               is qualified for
                               the endorsement.
46 CFR 12.02-17.............  Revised section to    In response to
                               remove reference to   comments and to
                               Officer in Charge     provide clarity
                               Marine Inspection.    after the
                               In paragraph (g)      revisions.
                               revised section for
                               clarity.
46 CFR 12.05-3(c)...........  Revised paragraph to  In response to
                               remove the date and   comments and to
                               to provide clarity    provide clarity.
                               that the
                               endorsement for
                               Rating Forming Part
                               of a Navigational
                               Watch (RFPNW) will
                               be issued upon
                               meeting the
                               requirements of
                               STCW.

46 CFR 12.05-7..............  Removed the term      In response to
                               Commanding Officer.   comments and for
                                                     consistency with
                                                     changes previously
                                                     proposed.
46 CFR 12.10-1..............  Removed the term      In response to
                               ``United States       comments and
                               collector or deputy   updating the
                               collector of          regulations with
                               customs'' and         current
                               replaced it with      terminology.
                               the appropriate
                               term with the DHS
                               reorganization.
46 CFR 12.10-3..............  Removed the term      In response to
                               Commanding Officer.   comments and for
                                                     consistency with
                                                     changes previously
                                                     proposed.
46 CFR 12.15-1..............  Removed the term      In response to
                               ``United States       comments and
                               collector or deputy   updating the
                               collector of          regulations with
                               customs'' and         current
                               replaced it with      terminology.
                               the appropriate
                               term with the DHS
                               reorganization.
46 CFR 12.15-3(d)...........  Removed the February  In response to
                               1, 2002 date.         comments and
                                                     because that date
                                                     is no longer
                                                     necessary.
46 CFR 12.15-7(c)...........  Revised the newly     Consistency with
                               inserted word from    existing language
                               engineer department   and in response to
                               to engine             comment.
                               department.
46 CFR 12.40................  Revised subpart for   In response to
                               the requirements      comments and new
                               for non-resident      interim rule.
                               aliens working on
                               large passenger
                               vessels.
46 CFR 15.401...............  Spelled out the       In response to
                               first use of TWIC.    comments.
46 CFR 15.530...............  Revised subpart for   In response to
                               the requirements      comments and new
                               for non-resident      interim rule.
                               aliens working on
                               large passenger
                               vessels.
46 CFR 15.701...............  Removed the word      In response to
                               Customs and           comments and
                               replaced it with      updating the
                               Customs and Border    regulations with
                               Protection.           current
                                                     terminology.
46 CFR 15.812(b)(1).........  Clarified the         In response to
                               requirement to        comments and for
                               state that it is      clarification.
                               either a first
                               class pilot's
                               license or an MMC
                               with a first class
                               pilot's endorsement.
46 CFR 15.815...............  Revised radar         Consistency with
                               endorsement           other ongoing
                               language to make it   rulemaking project
                               consistent with       that is
                               language proposed     specifically on
                               in the NPRM for       that requirement.
                               radar endorsements.
46 CFR 15.915...............  Revised header from   In response to
                               ``Engineer            comment and to make
                               Licenses'' to         consistent with the
                               ``Engineer Officer    remainder of the
                               Endorsements''.       proposed rule.
46 CFR 42.05-70.............  Renumbered section    In response to
                               to 42.05-27.          comment and because
                                                     the definition was
                                                     out of order.
46 CFR 78.65-1..............  Revised section to    In response to
                               provide the option    comment and to
                               to post either        provide for the
                               license or merchant   phase-in period
                               mariner credentials   when both documents
                               on a vessel.          will be in use.
46 CFR 97.53-1..............  Revised section to    In response to
                               provide the option    comment and to
                               to post either        provide for the
                               license or merchant   phase-in period
                               mariner credentials   when both documents
                               on a vessel.          will be in use.
46 CFR 401.210..............  Revised references    In response to
                               to licensed service   comments and to
                               and added language    correct oversights
                               to include the MMC    not addressed in
                               requirement.          the SNPRM.
46 CFR 402.220..............  Revised section to    In response to
                               provide for           comments and to
                               mariners holding      provide for the
                               either a license or   phase-in period
                               MMC.                  when both documents
                                                     will be in use.
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V. Discussion of Comments and Changes

    The following comments were submitted to the docket for the MMC
SNPRM. All written comments received are available for inspection in
the public docket for this rulemaking, where indicated under ADDRESSES.

A. Comments Regarding the TWIC Rulemaking

    We continued to receive comments to the docket regarding the TWIC.
This rulemaking is limited to the consolidation of merchant mariner
credentials, including the requirement for a TWIC as required by 46
U.S.C. 70105; however, comments regarding the TWIC rulemaking are
inappropriate for discussion in this rulemaking. They are not addressed
in this FR; they were forwarded to the appropriate office either at the
Coast Guard or at TSA for consideration, and included in the discussion
of comments in the TWIC final rule, published on January 25, 2007 (72
FR 3492).

B. General

    The Coast Guard received a number of positive comments on the
SNPRM. We received one comment commending the Coast Guard on
recognizing the need to move forward on concurrent processing of a TWIC
and MMC. We received one comment supporting the removal of language in
Sec.  12.01-1 that stated that the MMD was owned by the Coast Guard. We
received one comment expressing support for the revised requirements in
Sec.  15.815(d) and (e) requiring mariners to either carry their radar
certificate with them or have a copy on file with their company. We
received one comment that specifically stated that all the credentials
should be combined as proposed in the SNPRM. We received four comments
supporting the issuance of MMCs through the mail. We received one
comment applauding the removal of withholding the reason for the denial
of a credential. We received numerous comments agreeing with the need
for proper identification and credentialing of mariners, in order to
ensure safe vessel operation and national security. We received one
comment commending the Coast Guard for allowing the mariner to take
his/her oath before any person. We received one comment noting that the
MMC represents an opportunity to make the mariner credentialing system
more transparent, predictable and fair. We received one comment
expressing appreciation of the Coast Guard's efforts to protect a
mariner's privacy by removing the Social Security number on the form of
payment.
    We received one comment expressing concern that focusing the
emphasis of the MMC on competency of the mariner would undermine the
principle that the Coast Guard must be vigilant in its issuance of its
credentials.
    We disagree. While TSA is responsible for verifying identity and
conducting security vetting for mariners, the Coast Guard will only
issue credentials to those individuals who pass the security vetting
and the safety and suitability check conducted by the Coast Guard. We
will not ignore whether the individual is a security threat, though our
focus will be

qualifying the mariner to be employed on vessels and ensuring the
individual is not a threat to maritime safety.
    We received one comment noting that the mariner would still be
required to carry multiple credentials and documents and thus the
synergetic effect of the Coast Guard's proposed consolidation of the
mariner's credentials is somewhat diluted.
    We agree. The Coast Guard recognizes that mariners will still be
required to carry more than one credential; however, those issued by
the Coast Guard will be reduced from as many as four to one.
    We received one comment suggesting that this rulemaking should be
used to remedy existing deficiencies in the licensing system.
    We disagree. The purpose of this rulemaking is to streamline the
existing merchant mariner credentialing process, to minimize redundant
requirements, and simplify the credentialing program. While it is
expected that this will remedy some of the existing deficiencies in the
merchant mariner credentialing program, it is not the intent of this
rulemaking. The Coast Guard has a number of initiatives in progress
which are intended to improve the merchant mariner credentialing
system, which include reorganization of the NMC and fully developing a
quality standard system.
    We received one comment asking the Coast Guard to address the
deletions and additions of definitions, subsections, figures, and
tables within the rulemaking.
    In the NPRM, we provided a table showing where various subsections
were moved between the various parts of Title 46 of the CFR (71 FR
29464-81). Additionally, when the definitions were consolidated we had
no intention of removing definitions and have reviewed the list to
ensure that all of the definitions within the subchapter have been
retained, unless otherwise noted in this or previous regulatory
documents. Within this preamble, we will discuss any changes from the
SNPRM, which would not have been discussed in either the NPRM or the
SNPRM.
    We received one comment requesting that we readdress the comments
they made to the NPRM.
    The Coast Guard has determined that readdressing even some of the
comments we received on the NPRM would be redundant, as those comments
were already fully addressed in the ``Discussion of Comments and
Changes'' section of the SNPRM (72 FR 3608). As such, we have not
readdressed comments received on the NPRM; this discussion will only
address those comments received on the SNPRM.
    We received one comment stating that the creation of an entirely
new form of a credential to replace the traditional license would
create more problems than it might solve.
    We disagree. While we recognize that the transition to this new
credential will not be without challenges, we believe it will result in
a better credential accepted by more mariners than the credentials
currently in place.
    One commenter recommended that the MMC proposal be withdrawn.
    We do not agree with this comment and are proceeding with this
final rule. Without this final rule, mariners would face duplicative
appearance requirements when applying for their TWIC and their Coast
Guard issued License, MMD, COR, or STCW Endorsement.
    We received one comment expressing concern with this rulemaking
because it comes at an especially active period in maritime regulation
and it was recommended that we proceed with caution.
    We recognize that the Coast Guard is involved in multiple
regulatory projects at this time, and that several of them touch upon
the same regulatory provisions being amended by this final rule. All
persons involved in this project are sensitive to this fact, and have
been diligent in ensuring that the same approach and language is used
in all projects. As a result of this diligence, recent changes,
published in an interim rule for vessel security officer training and
certification (May 20, 2008; 73 FR 29060) and in final rules on
training and service requirements for merchant marine officers
(September 11, 2008; 73 FR 52789) and technical amendments for 46 CFR
(September 29, 2008; 73 FR 56505), have been incorporated into this
final rule.
    One commenter expressed concern that the SNPRM implied the MMC is
an identity document in addition to being a proficiency document. They
felt adding the identity concept to the MMC would introduce confusion
and recommended that the TWIC remain the proof of identification.
    We disagree. There have been numerous comments recommending the MMC
be International Labor Organization (ILO) 185 compliant. In order to
meet those requests, the Coast Guard must make this credential, in
part, an identification credential. Identification will not be the
primary function of the MMC, as the TWIC will be used as the primary
identification document aboard U.S. vessels and at U.S. facilities. The
MMC may be used as an identity document in other places, as it will
hold a digital photo of the mariner, which will be taken from the TWIC
enrollment application during which time proof of identity is
inspected.
    We received one comment requesting the implementation of this
rulemaking be delayed until there have been trials of the information
sharing between the Coast Guard and TSA.
    We agree, in part, with this comment. Before we fully implement
this rulemaking we will be testing the transmission of information
between the two agencies. If we are able to begin issuance of the MMC
before the full implementation of TWIC, we may begin a partial
implementation of those portions of the rule that do not require the
information sharing.
    We received one comment stating that the Coast Guard must educate
other state and Federal agencies about the status of a merchant mariner
credential, and the requirements to achieve them.
    While not the purpose of this rulemaking, we agree we need to
educate other agencies about the MMC. We will use all available
channels to inform State and Federal agencies about the new credential.
    We received one comment stating that the majority of licensed
officers favor retaining the license as a separate document and as a
certificate of qualifications at the licensed level.
    We disagree. This statement is not represented by the comments
received during this rulemaking.
    We received one comment stating that the present documentation and
licensing regulations should remain intact and should not be changed to
a system of endorsements on a newly created MMC.
    We disagree. Even before the MMC and TWIC rulemakings, the Coast
Guard recognized the need to revise the current credentials, to make
them less confusing. This need was further reinforced by comments
received and responses made to Congress regarding the number of
credentials being carried by mariners and the need to reduce that
number.
    We received one comment seeking clarification on a statement within
the SNPRM preamble regarding delaying the final rule until ``next
year'' to allow the Coast Guard to accept and apply additional public
comments.
    The intent of the statement within the SNPRM was to state that the
Coast Guard was going to seek additional comments in conjunction with
the rulemaking process. Because at that time mariners would not have
been required to hold a TWIC until

September 25, 2008 (see TWIC final rule at 72 FR 3587-88), we
recognized that there was ample time to allow for additional comment
before needing to finalize this MMC rulemaking project. Providing a
second round of comments has helped ensure that in consolidating the
existing mariner credentialing regulations, we were not unintentionally
changing any qualifications requirements.
    We received one comment stating that not allowing mariners to serve
prior to issuance of their MMC conflicted with the TWIC policy which
allowed service for up to 30 days before they actually received their
TWIC and that this Coast Guard policy would negate that advantage. We
received two comments encouraging the Coast Guard to seek issuance of
interim MMCs for mariners serving on passenger vessels that have been
issued a TWIC, but are waiting on the processing of the MMC. We
received one comment recommending issuance of interim credentials to
persons who have had recent prior experience crewing on U.S.-flag
vessels, or on other vessels that have evidence, issued by the Federal
Maritime Commission, of compliance with sections 44102 and 44103 of
Title 46 of the United States Code. In contrast, we received one
comment stating that the issuance of interim credentials would be
confusing and unnecessary, especially considering that we do not
currently have interim credentials and everyone has managed to deal
with it by planning ahead.
    The Coast Guard has decided not to allow merchant mariners to serve
prior to the issuance of their MMC. The U.S. Code provides that the
Coast Guard may issue credentials to those applicants found qualified
as to age, character, habits of life, experience, professional
qualifications and physical fitness (46 U.S.C. 7101(c), 7306, and
7313). The law provides that the Coast Guard must ensure a mariner
meets the aforementioned criteria before issuing a credential and the
possession of such a credential is required to serve in a position on
any vessel that requires a credential.
    We received one comment that suggested the replacement of the
phrase ``* * * a properly endorsed license * * *'' with ``* * * an
appropriately endorsed license * * *'' in 33 CFR 164.13(b) and (c).
    We concur with the suggestion and have made this change.
    We received one comment seeking clarification regarding the listing
of the Young Men's Christian Association (YMCA) but not the Young
Women's Christian Association (YWCA) in 46 CFR 10.219(h)(2)(ii) and
whether the failure to include that organization was intentional, and
if so for further rationale for not including the organization.
    The YWCA was intentionally excluded from the current published list
in the regulations. The list has been in place and unchanged since the
establishment of fee regulations in 1993, and it is not our intention
with this rulemaking to add or remove organizations from the existing
list. An organization seeking to be added to the list may follow the
procedure, unchanged by this rulemaking, laid out in paragraph
(h)(2)(i).
    We received one comment recommending that 46 CFR 11.502(b) be
revised to reflect three propulsion modes: motor, steam, and gas
turbine.
    We agree, in part. There are three propulsion modes that should be
included in the regulations; however, this change is being considered
in a separate, larger Coast Guard rulemaking, titled ``Implementation
of the 1995 Amendments to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978'' (RIN:
1625-AA16).
    We received one comment that recommended 46 CFR 11.1105 be the same
as Sec.  11.1005: ``To serve on a non-Ro-Ro passenger ship a person
endorsed as master, mate, chief mate, engineer, or chief engineer shall
meet the appropriate requirements of the International Convention on
the Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended (STCW) Regulation V/3 and of section A-V/E
of the STCW Code.''
    We disagree. It is not the purpose of this rule to revise the
substantive qualifications requirements or even just the text of the
requirements; this rule serves to reorganize the various parts,
consolidate the various mariner credentials, and eliminate redundant
appearance requirements in light of the new TWIC requirement. As noted
in an earlier response, the Coast Guard has a number of ongoing
regulatory projects that, if completed, would change portions of 46 CFR
chapter I, subchapter B. Once these projects are completed, we will
examine whether a complete revision of the regulations in subchapter B
is warranted. The change suggested by the commenter could be
incorporated into such a revision.
    We received one comment recommending a revision to Sec.  12.15-7(c)
changing the phrase ``engineer department'' to ``engine department''.
    We agree with this suggestion and have made this change.
    We received one comment noting that we did not correct the heading
for Sec.  15.915. That omission was an oversight on the part of the
Coast Guard; we have corrected that heading in this final rule to
``Engineer Officer Endorsements''.
    One comment recommended Sec. Sec.  78.65-1, 97.53-1, and 131.955
state that the page of the credential should show the information for
officer credentials and include the license for the 5 year
implementation period.
    We agree, and have amended the sections to read ``All officers on a
vessel must have their license or officer endorsements conspicuously
displayed''.
    We received one comment recommending that Sec.  401.210(a)(1) be
revised to allow for the transition period when mariners will still
hold licenses.
    We agree; this entire paragraph has been revised in this final
rule, in order to allow the Coast Guard to start issuing MMCs even
before mariners are required to obtain TWICs. These changes mean that,
until April 15, 2009, mariners applying for their MMC will need to
appear at an REC in person to provide proof of identity, citizenship,
and their fingerprints. After April 15, 2009, the Coast Guard will be
able to obtain that information from the record TSA created when the
mariner enrolled for his/her TWIC and will not have to appear at an
REC.
    We received one comment recommending that Sec.  402.220(a)(1),
(a)(2), & (a)(3) should state license and MMC endorsement.
    We agree that these terms would provide clarity, and have made the
suggested changes.
    We received one comment recommending that we model the mariner
licensing system after the Federal Aviation Administration (FAA)
processes, based upon the Airline Transport Pilot (ATP) license for the
FAA coupled with type-rating for a specific aircraft.
    We disagree. While this would ensure that each mariner is qualified
for each specific vessel upon which he or she serves, it would make the
regulations much more difficult and confusing. Additionally, vessels
are not as uniform as aircraft in their design and operation, thus
using the FAA model would not be appropriate.
    One commenter suggested that STCW endorsements should be issued
when a person meets STCW requirements for their position instead of in
response to a request to go on an international voyage.
    We concur; however, we do not issue STCW endorsements unless
requested by mariner. Thus, when the STCW

endorsement is issued relies upon when the mariner makes his/her
request.
    We received one recommendation that the CFRs should be drafted to
provide a list of requirements as has been done in some of the license
checklists.
    We disagree. While this idea appears on the surface to be a good
solution, it would actually result in more difficulties over time.
Checklists exist as aids that provide guidance on these regulations and
are available for review at: http://www.uscg.mil/stcw/index.htm.
Including such checklists in the regulations would mean they could only
be revised through a regulatory change, requiring notice and comment
under the Administrative Procedure Act. By providing the checklists as
aids to understanding the regulations, we are able to quickly update
and clarify them as requirements are revised or confusion is
discovered.
    We received one comment noting that the safekeeping of the MMC
would be easier if it were a passport-sized document.
    We agree and have started the process of transitioning to this
style of document.

C. Appeals

    We received one comment seeking clarification to the revised
language in Sec.  12.03-1(c)(2).
    We have removed specific references to the Commanding Officer of
the National Maritime Center throughout this rulemaking. In our view,
this will have no effect on the processes currently in place. Coast
Guard policy requires that Commanding Officers sign official
correspondence or delegate it, as appropriate, within their command. We
do not envision course application appeals being delegated below the
Commanding Officer, except in his or her absence to an Acting
Commanding Officer.

D. Application Process

    We received one comment recommending the Coast Guard implement a
Web-based application system and two comments recommending the Coast
Guard allow electronic submission of applications.
    We agree. As resources are available, the Coast Guard intends to
develop systems through which a mariner may apply for an MMC using
various Web-based applications.
    We received one comment recommending that Sec. Sec.  10.223(c)(2)
and 10.227(d)(2) read ``* * * have a valid TWIC or show proof of
applying for a TWIC * * *''.
    We disagree. Mariners will not meet the TWIC requirement unless
they actually hold the TWIC; completing the application process is not
enough. Mariners need to plan to enroll with enough time to ensure
their TWIC is available and able to be picked up prior to April 15,
2009 (the compliance date for the TWIC requirement for mariners).
Therefore, this section only applies to those individuals who would
already hold a valid TWIC and MMC.
    We received one comment recommending the removal of the requirement
of proof that a TWIC be obtained or applied for (within the past 30
days) in order to receive an original MMC from Sec.  10.225(b)(2).
    We agree that it would not be necessary to provide the 30-day
limitation on the TWIC application for an original merchant mariner
credential, and have made the suggested change.
    One commenter expressed concern that the coordination of regulatory
roles and administrative functions between two agencies within the same
Department did not lead to development of one application and
enrollment process, vetting of criminal or other records for safety,
suitability, and terrorist security risks, determination of
qualifications and issuance of a single combined Merchant Mariner
Document (MMD)/TWIC.
    We disagree. When the Coast Guard and TSA first began collaborating
to issue regulations on TWIC, the issue of whether all credentials
could be combined into a single MMC/TWIC was thoroughly explored.
Unfortunately, this is not an option at this time. As the use of
biometric and smart card technology becomes more wide-spread, this
decision may be able to be revisited. However, at this time, it is
simply not possible to combine the two credentials onto one card. We
have, through this final rule, streamlined the application process for
the MMC, to avoid duplicative appearance requirements and security
vetting.
    We received one comment recommending Sec.  10.225(b)(5) be removed,
since an applicant for an original MMC would not hold any of these
credentials--cancelled or uncancelled.
    We agree, and have made the suggested change.
    We received one comment requesting that all mariners seeking
renewals of towing vessel credentials be required to complete practical
towing demonstrations, as well as for those mariners whose most recent
credential has been suspended or revoked as stated in Sec.  10.235(f).
    We disagree. The towing vessel credential requirements were
developed through a separate rulemaking, during which this requirement
was presented to the public and they were provided an opportunity to
comment on the requirement. To add this requirement to all other
mariners would require notice and comment that is currently outside the
scope of this rulemaking.
    We received one comment recommending that Sec.  10.237(a) clearly
state that the written statement detailing the reason(s) for denial be
provided to the applicant.
    We agree. It is the intention of this rulemaking to clarify the MMC
process and we will make the suggested change to provide additional
clarity.
    We received one comment questioning why we retained the Officer in
Charge of Marine Inspection (OCMI) authority to make decisions about
service and exam requirements in Sec.  11.201.
    This provision was retained because it provides the local Coast
Guard official most familiar with the local area the ability to revise
the requirements based upon that local knowledge.
    We received one comment requesting that we reconsider allowing an
expired passport as evidence of citizenship verification.
    After reconsideration, we have decided to accept an expired
passport, especially considering that the individual will undergo a
thorough vetting for immigration status by the TSA during the security
threat assessment, and a second vetting by the Coast Guard for
suitability and safety qualifications.
    We received one comment recommending the establishment of a process
to identify delayed applications and require supervisory review, as
well as a process to recoup lost salary.
    We agree, in part. We have established a process within the quality
standard system that will identify delayed applications and bring them
to the attention of the leadership of the NMC. At present, there is no
intention to develop a process to provide lost salary to applicants of
a MMC.

E. Background Checks

    We received one comment recommending the Coast Guard discontinue
its duplicative background checks or the requirement to hold the TWIC,
because it is unreasonable for both agencies to simultaneously examine
a mariner's criminal background. We received three comments
recommending that the TWIC and MMC data be incorporated into a single
card. We received one comment

recommending that the MMD be retained in its present role and format,
but with additional functionality that would allow it to serve, at the
unlicensed level, as both a transportation security card and a
certificate of qualifications.
    We disagree. It is necessary for both the Coast Guard and TSA to
review the criminal background, since both agencies are examining
different issues to determine whether an individual should hold the
credential issued by that agency. Also, it is not within the purview of
the Coast Guard to change the requirement to hold the TWIC because that
requirement is found in 46 U.S.C. 70105. The information in the
applications for the MMD and TWIC are different with respect to the
different focus of the two credentials. Additionally, to only make the
MMD consistent for unlicensed personnel would create disconnect between
the ratings and officers as well as those mariners serving on inland
routes not required to have an MMD. This proposed scheme would create
as many credentials as the current system, and frustrate the project's
original purpose to consolidate credentials. However, this final rule
does eliminate duplicative processes and requirements, such as the
personal appearance and security background examinations requirements.
    We received four comments recommending the Coast Guard limit
criminal conviction disclosure to those not previously disclosed on an
application for a Coast Guard credential. Similarly, we received one
comment recommending that Sec.  10.211 be revised to request full
disclosure of criminal history only on the applicant's original
application.
    We agree and have made the suggested changes in this final rule.
    We received one comment recommending that the self-disclosure of
criminal history be eliminated from the application entirely.
    We disagree. There should be some requirement for self-disclosure;
however, we have agreed that the disclosure should only cover the
period since the last application or any item not previously disclosed
to the Coast Guard. This is a benefit for the mariner and provides the
opportunity for supplemental information not otherwise available in the
public record to be submitted to the Coast Guard for consideration
during the evaluation period.
    We received two comments stating that an unlimited review is
counter to the Congressional intent regarding the National Driver
Register (NDR).
    We agree, and the statutory three year limit (found in 49 U.S.C.
30305) on such a review has been incorporated into this final rule (see
Sec.  10.213). This does not, however, limit the Coast Guard's ability
to continue an unlimited review if the information obtained from the
NDR is about a revocation or suspension still in effect on the date of
the request.

F. Coast Guard Authority

    We received two comments questioning whether the MMC with an
officer endorsement will have the same significance as a license and
whether the Coast Guard has authority to change the format of the
license.
    As noted in the SNPRM, the authority to revise the license is well
within the broad authority provided to the Coast Guard under 46 U.S.C.
Part E. Thus, the MMC with an officer endorsement will carry the same
weight as a license.

G. Citizenship

    We received one comment requesting clarification on Sec.
10.231(d)(2) regarding the specific mention of naturalized citizens.
This language was brought from the existing language in 46 CFR 10.207;
it has not changed and carries the same meaning as it did prior to
being moved by this final rule.

H. Consistency

    We received one comment strongly recommending that the wording
referencing mariner credential authority in parts covered by this
regulation be changed by replacing the words ``not more than'' with the
words ``less than''. This change was being sought to make the revisions
more consistent with the provisions within STCW, as well as U.S.
inspections language.
    While we do not necessarily agree or disagree with the suggestion,
this final rule is not the appropriate place to contemplate this
change. The primary focus of this rulemaking is the development of a
consolidated credential and a reorganization of subchapter B. This
recommendation, however, is being contemplated for incorporation in a
separate rulemaking, titled ``Implementation of the 1995 Amendments to
the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978.''
    We received one comment recommending the rules be consistent in the
use of the term QMED for ``Qualified Member of the Engine Department.''
    We agree. It is appropriate to establish an abbreviation in the
text that can then be used in subsequent sections of the rules. We have
revised Sec.  11.518 to provide the abbreviation, and then used the
term ``QMED'' for the remainder of that subpart.
    We received one comment questioning the retention of the term
Commanding Officer, National Maritime Center in Sec. Sec.  12.05-7(b)
and 12.10-3(a).
    We have removed the term commanding officer from those sections.
    We received two comments asking why the language referring to the
United States collector or deputy collector of customs was left in the
regulations in Sec. Sec.  12.10-1 and 15.701(c), even though we removed
the language referring to the shipping commissioner.
    We removed the reference to the shipping commissioner because it
was a function the Coast Guard previously performed, but no longer
performs. The term United States Collector of Customs now falls under
the responsibility of the Customs and Border Patrol (CBP) Port
Director, and this change has been incorporated in this final rule.
    We received one comment noting that we left out the shipping
commissioner language in Sec.  12.15-1. We have made this correction in
this final rule.
    We received one comment questioning why there was a difference in
language between Sec. Sec.  13.407 and 13.507, when it did not appear
that there should be a difference in the language.
    We agree with this comment, and have revised Sec.  13.507
accordingly in this final rule.
    We received one comment seeking clarification on Sec.
401.210(a)(6), which allows a Great Lakes Pilot to have either an MMD
or a TWIC.
    This option was left in place because this final rule will go into
effect before all mariners are required to hold a TWIC, therefore there
will be a period where individuals might hold an MMD without a TWIC. We
have revised the language to ensure that, on April 15, 2009, (the date
when all mariners must hold a TWIC) only a TWIC will be acceptable.

I. Continuity Documents

    We received one comment asking us to leave the decision whether to
retain a continuity license and TWIC, or document of continuity without
TWIC, to the license holder.
    As an agency, we have decided not to continue to issue continuity
licenses, but rather only documents of continuity. Should a mariner
choose to obtain a TWIC, but seek to obtain an MMC for continuity
purposes only, they will still receive a document of continuity. This
decision is based on a desire to consolidate as many of our pre-
existing credentials into the fewest number of mariner credentials as
possible.

J. Definitions

    We received two comments stating that the definition for ``day''
should not have been revised regarding 100-ton vessels and the service
for Mobile Offshore Drilling Units (MODU) needed to be removed from the
definition.
    We disagree. The definition of ``day'' for vessels of 100 Gross
Register Tons (GRT) or less was not significantly revised--we opted to
use the more generic reference of Coast Guard rather than Officer in
Charge, Marine Inspection. The definition of ``day'' for MODUs was
already included in that definition in the pre-existing 46 CFR 10.103
under ``service as.'' We are including it in this definition in order
to consolidate all definitions for ``day'' in one location.
    We received two comments recommending that the definition for
``safe and suitable person'' should refer to 46 CFR 10.211.
    While we do not believe it is necessary to make the connection
between the definition and 46 CFR 10.211, we made the change to assist
the mariner.
    We received one comment stating the definition for ``senior company
official'' needs clarification. This definition is consistent with the
existing definition currently found in 46 CFR 10.103, therefore no
change has been made.
    We received one comment stating the Coast Guard should fully
analyze the change of the application of the definition of ``operate,
operating or operation'' to the entire Subchapter B.
    We disagree. The definition is restricted to the manning
requirements, and therefore analyzing its application throughout the
entire subchapter would not be appropriate.
    We received one comment recommending that a section be inserted at
46 CFR 12.01-6 to direct the reader to the definitions found in 46 CFR
10.107.
    We disagree. This final rule is a consolidation of the pre-existing
regulations, and as part of that consolidation, all definitions are
found in the beginning of the subchapter. We believe that mariners and
others who use these regulations will quickly adjust to looking in one
spot (46 CFR 10.107) for definitions that apply throughout the
subchapter.
    We received one comment that stated that the definition for
``credential'' was out of order. We agree and have renumbered it at 46
CFR 42.05-27.
    We received a comment stating that the definition for ``merchant
mariner credential'' needs to be added to 46 CFR Parts 70, 91, 114,
125, 160, 169, 175, 188, and 199.
    We disagree. The minimal addition of the phrase ``merchant mariner
credential'' to those parts does not necessitate the addition of that
definition. We note that those parts previously referenced either an
MMD or a license (or both), with neither of those terms defined in
those parts, without confusion.
    We received one comment recommending the definition for
``conviction'' not refer to decisions made by a foreign country's court
of record.
    We disagree. This definition is consistent with the existing
definition for ``conviction.'' This rulemaking is about the MMC, not
changing the qualifications for licensing, and it is therefore beyond
the scope of this rulemaking to address the meaning of the term
``conviction.
    We received one recommendation that the definition for ``regional
examination center'' should be revised to incorporate upcoming changes
to the National Maritime Center and Regional Examination Center system.
    While we agree that the change is necessary, it is beyond the scope
of this rulemaking as the change needs to be made in more places in the
CFR than just those being amended by this final rule. Some of these
changes were recently made as part of a series of technical amendments
to Title 46 of the CFR. 73 FR 56505.

K. Fees

    We received one comment stating that while the MMC rule might
reduce cost to the mariners, the entire TWIC/MMC rulemaking increases
costs to the mariners.
    While we recognize that the new TWIC requirement carries a new fee,
the regulatory analysis for that project considered that new fee as a
part of its cost and benefit analysis, thus it is inappropriate for
that cost to be counted again in this final rule. The regulatory
analysis for this rulemaking only considers the costs and benefits
associated with the changes made by this final rule.

L. Format

    We received one comment asking that the Coast Guard make a
certificate suitable-for-framing with the officer information printed
upon it, in addition to the final MMC.
    We disagree. While this was also the recommendation from Merchant
Marine Personnel Advisory Committee (MERPAC), the Coast Guard has
decided not to produce such a document at this time since this
rulemaking's purpose is to consolidate credentials.
    We received one comment stating that MERPAC has gone on record
opposing the MMC.
    We disagree. We have reviewed the recommendations from MERPAC, and
have found no facts which would support this statement.
    We received one comment recommending the use of the term ``license
endorsement'' rather than ``officer endorsement''.
    We disagree. ``License'' merely signifies permission granted from a
government. In our view, ``officer'' is more the appropriate term as it
signifies an individual who is in a position of authority.
    We received one comment recommending a new certificate of
qualification be developed for ratings, and that the Coast Guard
continue to issue two separate credentials.
    We disagree. We are seeking to develop a consolidated credential
where an individual could have all of their qualifications in a single
location.
    We received four comments recommending the MMC be designed to meet
the requirements of ILO 185.
    We agree. This was one of the items taken into account during the
style selection process, as well as one of the reasons we could not
combine the MMC with the TWIC. While the initial MMCs may not be ILO
185 compliant, as it will take some time to ensure the new credential
meets all of the requirements, the Coast Guard is working diligently to
bring the MMC into full ILO 185 compliance.
    We received one comment recommending the expiration dates of the
MMC and TWIC be aligned.
    We disagree. This is not necessary and in some cases may not be in
the best interests of those impacted by the regulations. We considered
the costs associated with both documents, and believe that it may be
economically advantageous to some mariners if the MMC and TWIC
expiration dates do not align. However, those mariners wishing to bring
these expiration dates into alignment may do so under this final rule.

M. Large Passenger Vessels

    We received one comment stating that the Coast Guard needed to
incorporate the Large Passenger Vessel Crew Requirements (RIN: 1625-
AB16) that were published in the Interim Rule on April 24, 2007 (72 FR
20278). We received one comment recommending that 46 CFR 10.211(a)(2)
be amended to include new subsection (d) for aliens in the steward's
department on large passenger vessels. We received one comment
recommending that we

incorporate the MMC language in 46 CFR Parts 12 and 15 relating to
large passenger vessel crew requirements.
    We agree with these suggestions and have incorporated the changes
made by the interim rule into this final rule.

N. License Creep

    We received four comments requesting the effective date of a
mariner's renewed credential be the same as the expiration date (i.e.
delayed issue of the credential).
    We agree, in part. While the Coast Guard agrees with this comment,
we are awaiting authority from Congress to make such a change.
Currently, Congress requires that the Coast Guard issue credentials for
five years. In order to take action on this comment, the Coast Guard
requires statutory authority to issue a credential that is valid for a
period beyond 5 years.
    We received one comment stating that this rule does nothing to
reduce license creep.
    It is our hope that the streamlining features established by this
rule will reduce license creep; additionally, the Coast Guard is moving
forward with the reorganizations of the National Maritime Center and
the Regional Examination Centers, both of which are more focused on
improvement of processes.

O. Medical

    We received one comment recommending that we require general
medical exams for all mariners, including entry-level mariners.
    We disagree. We do not have authority to require such exams.
    We received two comments recommending Column 5 of table 46 CFR
10.215 be revised to read, ``may be required to demonstrate physical
ability''.
    We agree with the intent of this suggestion. However, we have opted
to remove the ``x'' from the box and add, in its place, the appropriate
paragraph which provides the specific requirement and applicability of
the demonstration of physical ability. This should eliminate some
confusion over who must ``demonstrate physical ability''.
    We received one comment recommending revision to 46 CFR 10.215(c)
to allow medical examiners to perform the audiometer/speech
discrimination tests.
    We agree and have made the suggested change. Medical examiners who
are qualified to conduct the necessary hearing tests will be authorized
to perform them.
    We received one comment requesting an evaluation of 46 CFR
10.215(e) with regard to the Americans with Disabilities Act (ADA), and
to either revise the paragraph or state that the ADA does not apply.
The commenter seems to be concerned that medical examiners will require
the demonstration of physical ability in more places than necessary to
avoid potential lawsuits.
    While we agree that this requirement is only mandatory for those
mariners who are not undergoing a medical examination or those whom the
medical examiner believes are physically unable to perform the duties
of a merchant mariner, we do not believe it is appropriate to add the
suggested language into the regulations.
    We received one comment stating that the demonstration of physical
ability: (1) Fails to provide sufficient information to ensure
consistent test results, (2) will result in increased cost per
examination, and (3) will increase the time needed to obtain medical
results.
    We disagree. The regulations provide general statements of what is
required of the mariner, and additional information is available in
Navigation and Inspection Circular (NVIC) 04-08, which was issued by
the Coast Guard on September 18, 2008. (NVIC 04-08 replaced NVIC 02-98,
incorporating developments and advancements in modern medical practices
as well as improvements in the medical evaluation process.) We
encourage the public to review the discussions of physical ability,
examiner alternatives and current industry practice in the September
29, 2008 notice of availability for the NVIC. 73 FR 56600.
    Additionally, this requirement is not going to apply to all
mariners. It will only apply to those mariners whose physical ability
might negatively impact maritime safety, as determined by their medical
examiner during the course of normal physical examination. This
demonstration will save the applicant an investment of time and money
when an unknown medical or physical condition may prevent the issuance
of the credential sought based on ability. It will also assist the
Coast Guard in issuing a credential with certain limitations instead of
denying the credential altogether or requiring additional tests. Both
medical exams and demonstrations of physical ability are currently
practiced and required under STCW Code. This rule clarifies the STCW
requirement for physical ability; it does not alter it in any way.
Based on consultation with medical practitioners, the National Maritime
Center, and the Merchant Marine Personnel Advisory Committee (MERPAC),
the determination of need for and demonstration of physical ability is
part of common medical practice and will not result in a net change in
baseline examination time and costs to industry.
    We received one comment stating that the medical examiner is not
the appropriate person to attest the mariner's ability to meet the
demonstration of physical ability, since it is not a medical exam but a
physical agility test.
    We disagree. However, we note that it is not necessary for the
actual medical examiner to conduct the demonstration of physical
ability, only that he or she signs for (``attest to'') evaluations
conducted by those within their medical practice.
    We received one comment stating that the medical examiner should
not be required to attest in writing to the applicant's ability to
perform non-medical tasks, rather it should be provided by the actual
person performing the evaluation.
    We disagree. Medical examiners routinely sign-off for the tests/
exams performed by persons within their practice. This evaluation
should not be different.
    We received one comment requesting that language be added requiring
mariners to report changes in their medical condition.
    The Coast Guard does not believe it is appropriate to add that
requirement in this rule, as it was not contemplated or proposed in the
SNPRM. In the future, the Coast Guard intends to develop regulations
specifically on the medical requirements for merchant mariners. This
ensures that an adequate review of the requirements can be made by
those impacted by the regulations.
    We received two comments recommending 46 CFR 10.215 (b) be revised
to require the color vision test for original issue only.
    The Coast Guard does not believe it is appropriate to make this
revision in this final rule. We are limiting the changes made by this
final rule to those medical issues that were proposed in the SNPRM, to
consolidate the various credentials issued by the Coast Guard to
mariners, and to reorganize the regulations governing the applications
for, issuance of, and qualifications for those credentials. As
previously mentioned, the Coast Guard intends to develop regulations
specifically addressing medical requirements for mariners. We will keep
this comment in mind for future reference, as we develop regulations
specifically on the medical requirements for merchant mariners.
    We received two comments recommending table 10.215(a) be

clarified so that hearing, vision, and physical demonstration only be
required if the medical practitioner has concerns.
    We agree, in part. The requirements regarding vision will be
checked at each examination, which is a requirement consistent with the
other modes of transportation. The hearing and demonstration of
physical ability will only be required if the medical examiner has
concerns regarding the applicant's medical condition as it relates to a
possible negative impact on maritime safety.
    We received two comments recommending that 46 CFR 10.227 be revised
to allow proof of physical proficiency to be submitted on an
alternative to the 719K.
    We disagree. At this time, we do not have an alternative form
approved for such use. Those revisions will have to be completed in a
rulemaking process which provides the public with adequate opportunity
to comment.
    We received one comment recommending 46 CFR 10.215 be revised to
ensure that the vision and hearing requirements match those on any
proposed medical NVIC.
    We agree. Any NVIC must be based upon the regulations which they
clarify, and therefore cannot include reference to requirements outside
of those found in the regulations.
    We received one comment recommending 46 CFR 12.05-5 provide a
reference to 46 CFR 10.215.
    We agree that such a reference would be appropriate and have made
the suggested change.

P. National Maritime Center

    We received one comment recommending 46 CFR 10.217 be revised to
provide the address to the new medical branch of the NMC.
    We disagree. Merchant mariner applications will continue to be
submitted to the servicing Regional Examination Centers listed in the
regulations until such time as those requirements are revised through
appropriate notice and comment.
    We received one comment stating that 46 CFR 10.217 seems to
contradict the new reorganization of the Mariner Licensing and
Documentation (MLD) Program.
    We recognize the inconsistency. The Coast Guard is still in the
process of reorganizing the MLD program. Some of these changes were
recently made in a series of technical amendments to Title 46 of the
CFR. 73 FR 56505.
    We received one comment stating that 46 CFR 10.02-17(f) and (g)
appear to give the Officer in Charge of Marine Inspection (OCMI) the
authority to refuse an examination.
    This is true. Until the reorganization of the MLD program is
complete, the OCMI will still retain that authority. However, in an
effort to reduce confusion, and in preparation of the reorganization,
we have revised ``OCMI'' to ``Coast Guard''.

Q. Oaths

    We received one comment requesting that the oath not be required.
At this time, the Coast Guard is not able to remove the oath
requirement from the regulations, as it is also a statutory requirement
(46 U.S.C. 7105).

R. Pilots

    We received one comment stating that the MMC would result in
lowering the standards for pilots.
    We disagree. This final rule does not substantially change the
requirements for pilots. The only changes made were based upon changes
in terminology.
    We received one comment stating that first class pilot endorsements
were absent from the list of endorsements in 46 CFR 10.109.
    We agree and have made the suggested change.
    We received three comments stating that 46 CFR 15.812 is confusing,
and possibly implies any officer can fulfill the requirements of a
first class pilot.
    We agree that portions of this section are confusing, and have
revised it to ensure the language is consistent with the existing
requirements and comprehensible.

S. Posting of Credential

    We received one comment stating that 46 CFR 10.203(c) and (d)
confuses the issue regarding the posting of the document.
    We disagree. The posting of the credential is not inconsistent with
this requirement, since the mariner is normally on the vessel with his
or her credential. However, in order to clarify this, we have added a
reference to the posting requirement in 10.203(c).

T. Social Security Numbers

    We received one comment requesting that the Social Security Number
(SSN) not be used for recordkeeping purposes as proposed in 46 CFR
10.207.
    While we recognize the need to protect the SSN, it still remains
the best method of correlating records on an individual. We will retain
the SSN for internal recordkeeping purposes only.

U. International Convention on the Standards on Training,
Certification, and Watchkeeping for Seafarers, 1978, as Amended (STCW)

    We received one comment recommending 46 CFR 10.205(f) be deleted
because it is unnecessarily confusing.
    We disagree. This language is consistent with our existing
requirements; changing it is outside the scope of this project. This
change will be considered, in a separate rulemaking titled
``Implementation of the 1995 Amendments to the International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers,
1978.''
    We received one comment recommending that the date, January 31,
1997, referenced in 46 CFR 11.1005 be removed. We agree with this
comment and have made the suggested change.
    We received one comment expressing concern that 46 CFR 12.02-7 may
be in error and that there may be additional vessels greater than 200
GRT/1000 Hp to which STCW applies.
    We disagree. This language was carried over exactly from the
existing requirements located at 46 CFR 12.02-7.
    We received two comments seeking clarification for why the dates
were left in 12.05-3(b) and 12.15-3, and not in 12.05-3(c) and 12.15-
3(e).
    These dates were retained because removing them would have amounted
to a substantive change to the regulations, which is outside the scope
of this rulemaking. This revision will be considered, in a separate
rulemaking titled ``Implementation of the 1995 Amendments to the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978.''

V. Training

    We received one comment stating there is an inconsistency in 46 CFR
11.304 between the requirements for Officer in Charge of Navigational
Watch (OICNW) and Officer in Charge of Engineering Watch (OICEW)
regarding onboard training.
    While we agree there is an inconsistency, it is not accidental.
These requirements are inconsistent because the requirements for OICNW
and OICEW within the STCW are different.

W. Integration With TWIC

    We received one comment asking why a TWIC was required in both
11.304(g) and (h).
    While drafting the SNPRM, the TWIC requirement was added because it
was

thought that an identity document would be necessary to determine the
identity of each individual involved in the training process. However,
upon reflection, there is no need to require the number of the TWIC be
included for the identity of the individual, especially since not
everyone involved in the training will hold a TWIC. We have, therefore,
removed it from this final rule.
    We received four comments expressing concern that the delay in the
issuance of the TWIC could and should delay the issuance of the MMC.
    We disagree. While there may be a delay in fully implementing all
of the provisions within the MMC rule, such as the sharing of
information between TSA and Coast Guard, once the credential is ready
to be issued by the Coast Guard, it would be appropriate to move
forward with the rule. As such, we have included language in this final
rule that was not included in the SNPRM, that will allow the Coast
Guard to issue MMCs, continue performing full background checks (for
both safety and security), and require the appearance of the mariner in
person for application of new and renewal MMCs, even before the
regulatory requirement for mariners to obtain a TWIC is passed.
    We received one comment stating that an automatic revocation of the
MMC is inappropriate when the TWIC is invalidated and proposed a
temporary suspension.
    We agree. There will not be an automatic revocation of an MMC when
the TWIC is denied or has been revoked. Any action against the MMC will
be taken through the existing Suspensions and Revocations (S&R)
procedure. However, because a mariner who lacks a valid TWIC will not
be permitted unescorted access to secure areas, this will likely
preclude performance of normal job functions on a vessel regulated by
33 CFR part 104.
    We received one comment stating that the TWIC should not be a
requirement for the issue or reissue of an MMC.
    We disagree. Statute requires all mariners who are credentialed by
the Coast Guard to hold a transportation security card (46 U.S.C.
70105). Further, the statute specifically includes all mariners engaged
on towing vessels, which would include the unlicensed deckhands on
inland towing vessels.
    We received one comment requesting that we wait a full 5 years
before suspending or revoking a mariner's credential for failing to
hold a TWIC.
    We disagree. The TWIC final rule requires a mariner holding a
credential issued by the Coast Guard to apply for and activate a TWIC
prior to April 15, 2009. After this date, a mariner failing to hold a
TWIC would be in violation of this requirement, and the Coast Guard may
begin suspension and revocation (S&R) proceedings.
    We received one comment asking us to ensure that S&R proceedings
against an MMC would not begin until the appeals regarding the TWIC
have been exhausted.
    We disagree. Under normal circumstances, S&R proceedings will not
begin until all appeals regarding the TWIC have been completed.
However, if the Coast Guard is provided with information considered
sufficient to justify a temporary suspension of the MMC, then that
action will be started immediately.
    We received one comment asking if mariners will be able to serve
during times of national need without a TWIC. At this time, 46 U.S.C.
70105 does not provide flexibility to allow a mariner to serve without
a TWIC.
    We received one comment stating that 10.235(h) contradicted the
preamble language for appeals.
    While we note that the language in the rule is not the same as the
language in the preamble, the preamble also states that, if the
situation warrants, we would pursue temporary suspension under 46
U.S.C. 7702, which also is not specifically detailed in the
regulations. See discussion under ``4. Appeals'' at 72 FR 3609.
    We received one comment recommending that Sec.  15.401 be amended
to include the abbreviation for TWIC following the phrase. We have made
the suggested edit.
    We received one comment recommending that language be added to
Sec.  15.720(a) clearly stating that foreign persons would be subject
to the escorting requirements in the TWIC regulations.
    While we agree that these foreign individuals are only allowed to
be used in foreign waters when U.S. citizens are unavailable to fill
those positions, we have not made the suggested change. The appropriate
revision would be to add a requirement that the crew be replaced with
U.S. citizens with the appropriate credentials before returning to a
United States port. Such a change, however, would go beyond what was
included in either the NPRM or the SNPRM. We will keep this suggestion
in mind for future rulemaking projects in this area.
    We received one comment stating opposition to TSA being involved in
the credentialing of mariners; this opposition included their
involvement in the background checks.
    This comment is beyond the scope of this rulemaking, as the
function to administer 46 U.S.C. 70105 (the TWIC requirement) was
delegated to TSA, not the Coast Guard.
    We received one comment expressing opposition to the Coast Guard in
not reviewing TSA's decisions regarding the TWIC.
    We disagree. It is not appropriate for the Coast Guard to review or
duplicate TSA's performance in conducting the security vetting, as well
as the possible appeals associated with any TWIC denial. TSA has
provided opportunity in its regulations for independent review, by an
Administrative Law Judge, of any adverse decisions in regard to the
TWIC.

X. Questions Outside the Scope of This Rulemaking

    We received a number of comments that the Coast Guard determined to
be outside the scope of this rulemaking. These comments were forwarded
to the appropriate organizations for consideration in future regulatory
actions.

VI. Regulatory Evaluation

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 13 of these statutes or executive orders.

A. Executive Order 12866

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. A final Regulatory Evaluation follows:
    This rule makes substantive changes to the requirements in 46 CFR
parts 10, 12, 13, 14, and 15 for the form on which the mariner's
qualifications appear and the credential that will serve as the
mariner's primary identification credential, and makes many non-
substantive nomenclature changes throughout Titles 33 and 46 of the
Code of Federal Regulations. Title 46 lays out the standards for
merchant mariners, including eligibility and training requirements to
obtain credentials needed to serve in one of the many roles in the
merchant marine; wherever possible, this rulemaking will not change
these qualification requirements. This rulemaking will combine the
elements of the Merchant Mariner's License, Merchant Mariner's Document

(MMD), Standards of Training, Certification and Watchkeeping (STCW)
Endorsement, and Certificate of Registry (COR) into one document,
called the Merchant Mariner Credential (MMC). Although it technically
serves as a certificate of identification, practically, the MMC would
serve as the mariner's qualification document.
    This rulemaking project was developed in conjunction with a joint
rulemaking project, published by the Coast Guard and the Transportation
Security Administration, titled ``Transportation Worker Identification
Credential (TWIC) Implementation in the Maritime Sector; Hazardous
Materials Endorsement for a Commercial Driver's License'' (the ``TWIC
rule''; RIN: 1652-AA41). The final rule for that joint project was
published on January 25, 2007, in the same issue of the Federal
Register as the SNPRM for this project.
    The TWIC rule implemented the requirements of 46 U.S.C. 70105 and
requires all merchant mariners holding an active License, MMD, COR, or
STCW Endorsement to hold a TWIC. The TWIC is a biometric identification
card, and will serve as the mariner's primary identity document while
in U.S. waters. With this final rule, the MMD, License, COR, and STCW
Endorsement will be consolidated into the MMC, which will serve as the
mariner's qualification document, as well as an identity document
(though the latter primarily when the mariner is serving outside of
U.S. waters). All current qualification and suitability requirements
associated with Licenses, MMDs, STCW Endorsements, and CORs remain the
same, with only minor exceptions.
    Prior to the effective date of this final rule, all four
credentials (MMD, License, COR, and STCW Endorsement) were issued at
one of 17 Coast Guard Regional Examination Centers (RECs). For first
time applicants, the process of obtaining an MMD, License, COR, or STCW
Endorsement required at least two visits to an REC. During the first
visit, an applicant had to be fingerprinted by, and establish his or
her identity and legal presence in the U.S. to, an REC employee.
    After the successful completion of a safety and security review,
verification of an applicant's identity, and verification that the
applicant had satisfied all other requirements for the particular
credential sought, an REC issued the credential to the applicant. For
first time applicants, this required a return trip to the REC to
retrieve their credential and take an oath to faithfully perform all
duties required of them by law. Individuals renewing credentials did
not need to restate the oath and could receive their renewed
credentials by mail. However, all applicants, those seeking new
credentials as well as those seeking to renew their credentials, had to
travel to an REC once in the application process to be fingerprinted
by, and show proof of identification to, an REC employee.
    The requirements to receive a TWIC are similar to the requirements
to receive an MMD, License, COR, or STCW Endorsement. In order for an
applicant to receive a TWIC, the applicant is required to travel to a
designated TWIC enrollment center to submit fingerprints, proof of
identity, and legal presence in the U.S. A background check is
conducted to determine that the applicant is not a security risk. Once
an applicant has been approved, the applicant must return to the TWIC
enrollment center to pick up the TWIC and prove their identity by a
one-to-one match of the applicant's fingerprint against the electronic
fingerprint template stored on the card.
    Soon, TSA will submit to the Coast Guard the applicant's
fingerprints, photograph, proof of citizenship, proof of legal presence
in the U.S., and FBI number and any criminal record (if applicable)
provided with the individual's TWIC application.
    Since the applicant's fingerprints, photograph and proof of
citizenship, and identity will have been verified by TSA and submitted
to the Coast Guard, this final rule removes the requirement for a
merchant mariner to travel to an REC to submit this information to an
REC employee. In addition to allowing the merchant mariner to mail in
their application, this rule will also allow new applicants to mail in
their notarized oath, which would be a nominal cost to the applicant.
This will remove the requirement for a second trip to the REC to pick
up their card and take the oath. This rulemaking creates the
possibility for a mariner to receive his or her MMC entirely through
the mail.
    Written examinations will still occur at RECs, and the RECs will
remain accessible to mariners should they choose to seek their services
in person.
    This rulemaking will also remove the $45 issuance fee for
continuity licenses and MMDs. These documents are issued to applicants
for renewal of licenses and MMDs that are endorsed with qualified
ratings who are unwilling or otherwise unable to meet all the
requirements to serve and allows the mariner to renew the license or
MMD with the following restrictive endorsement placed on the license:
``License renewed for continuity purposes only; service under the
authority of this license is prohibited.'' Merchant mariner's documents
are issued with the following restrictive endorsement: ``Continuity
only; service under document prohibited.''
    The following sections discuss the baseline population of
applicants that will be affected by this rulemaking and provides an
assessment of the impacts to merchant mariners by this rulemaking.
Baseline Population
    The Coast Guard data for the number of affected merchant mariners
came from the NMC, which provides credentialing, training, and
certification services to all merchant mariners. There are
approximately 205,000 credentialed merchant mariners. The NMC also
estimates that the current population of mariners with a continuity
document is approximately 4,500. In addition to the current population
of merchant mariners, there are a number of new applicants every year.
Assessment
    Under the current rule, applicants pay a $45 issuance fee for each
credential that they apply for. Under this rulemaking the applicants
will only apply for a single credential (the MMC) and as a result will
only be required to pay one $45 issuance fee regardless of the number
of endorsements that they carry. This change is not a reduction in any
fee that a mariner must pay, but a reduction in the number of fees that
the mariner must pay. Any mariner that would, under the current rules,
solicit multiple mariner qualifying documents (such as both an MMD and
a License), will benefit from this change in the fee structure.
    If the merchant mariner has not synchronized the expiration dates
of his or her current credentials, then they may currently be traveling
to an REC multiple times within a five-year span. The issuance of the
MMC will require mariners to track and update only one document and
will potentially eliminate the need to travel to an REC entirely. This
will provide greater flexibility to the mariner. Currently,
approximately 13,843 mariners have more than one credential and have
not aligned their expiration dates. These mariners will not only
receive a benefit from reduced application fees, but also from fewer,
if any, trips to a REC.
    In order to reduce the burden of traveling and having to apply for
a new MMC before the mariner's current MMD, License, COR, or STCW
Endorsement expires, this rulemaking will allow mariners to apply for
an

MMC at the time that their current credentials expire, which will
essentially phase in the MMC over a five-year period. Since all
currently issued credentials are valid for five-year periods, all
mariners will have to renew their credentials by the close of the five-
year grace period. When a mariner applies to renew his or her MMD,
License, COR, or STCW Endorsement, they will instead be issued an MMC,
which will reflect all of their qualifications in the form of
endorsements on the MMC. This will allow mariners to apply over a
longer period of time and will not create an additional burden by
requiring mariners to make an extra trip to the RECs. Mariners whose
credentials do not expire simultaneously may choose to wait to renew
the credentials that have yet to expire, but if the applicant later
chooses to renew that credential, the expiration date of the MMC on
which the endorsement would be added will not change unless the mariner
also renews all other endorsements on the MMC.
    Currently, mariners may only renew their credentials within 12
months of their expiration date. This rulemaking will allow mariners to
apply for renewal anytime before their current credentials expire and
up to one year after the expiration date. As a result, this rulemaking
will provide greater flexibility to mariners by allowing them to apply
for an MMC at the time they choose.
    In a separate Coast Guard rulemaking document, published on January
13, 2006 (71 FR 2154), it was estimated that approximately 60 percent
of current mariners live within one-day roundtrip travel to an REC, 30
percent live within overnight roundtrip travel (one night and two days)
to an REC, and 10 percent live at a distance greater than overnight
roundtrip travel (greater than one night and two days) to an REC. This
was derived from national percentages for all mariners who have
addresses on file with the NMC. In the TWIC rule, TSA and the Coast
Guard estimated that there would be many more TWIC enrollment centers
than Coast Guard RECs (we now know that number will be 149 vice 17
RECs). By allowing mariners to visit TWIC enrollment centers instead of
RECs, this rule will provide a potential benefit for many mariners by
reducing the travel costs and time currently required to receive a
credential.
    In the separate rulemaking document (referenced above), the cost
for mariners to travel to and from one of 17 RECs was estimated. The
travel cost to mariners for a one-day roundtrip travel to and from an
REC was given as $387. The estimated cost to mariners for overnight
roundtrip travel was $911. Applicants who live distances greater than
200 miles and must travel for more than one night were determined to
incur the maximum estimated cost of $1,185.
    The TWIC has the effect of transferring the cost of travel from an
REC to the cost of travel to a TWIC enrollment center, but that cost is
associated with the TWIC rule, not with this rule. The overall cost for
mariners associated with this rulemaking will decrease or remain the
same and will serve to provide more flexibility to mariners. As there
will be more TWIC enrollment centers than RECs, the distance required
and the amount of time spent traveling will be reduced for most
mariners. Based on the percentages above, 60 percent of the mariners
that live within one-day roundtrip travel will potentially receive the
economic benefits of having a TWIC enrollment center located closer to
them than one of the current RECs. The remaining 30 percent of mariners
that live within an overnight round-trip travel and the 10 percent of
mariners that live a distance greater than an overnight roundtrip
travel have an increased likelihood of having a TWIC enrollment center
located closer to them than one of the current RECs and will
potentially receive an even greater benefit in travel cost savings from
this rule.
    In addition to these benefits, the removal of the issuance fee for
continuity documents will provide mariners who choose to apply for a
continuity document a savings of $45.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    We do not expect this rule to have a significant impact on a large
number of small entities. This rulemaking consolidates the number of
credentials merchant mariners must carry and streamlines the
application process in a way that would help prevent abuse, reduce
cost, and assist the Coast Guard in its effort to help secure U.S.
marine infrastructure, commercial activities, and the free flow of
trade.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of U.S.
small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If this rule
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the individuals listed above in
the section titled FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

D. Collection of Information

    This rule calls for a collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). This rulemaking will
require the modification of one or more credentialing program
collections of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Numbers 1625-0040, 1625-
0012, 1625-0078, and 1625-0079. However, the changes from this rule
which require modification of these collections of information will not
go into effect until after April 15, 2009, when TSA begins sharing TWIC
enrollment information with the Coast Guard. A number of policy
decisions must be made before the changes to those collections can be
finalized, such as how the information will be transferred from TSA to
the Coast Guard, methods of submission for mariners, and the format of
a new application form once Coast Guard is receiving information from
TSA. Because these regulatory changes will not go into effect
immediately, approval for revisions to these OMB Control Numbers will
not be submitted to OMB

until these policy decisions have been made.
    The changes made by this rule that go into effect in 30 days are
burden neutral, and as such do not require immediate revision to the
collections of information listed above.
    You are not required to respond to a collection of information
unless it displays a currently valid OMB control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on state or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
    We have analyzed this rule under that Order and have determined
that it does not have implications for federalism.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

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

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2
Figure 2-1, paragraph (34)(c) of the Instruction. This rule involves
the training, qualifying, licensing, and disciplining of maritime
personnel and involves matters of procedure only; it consolidates the
credentials issued to merchant mariners and revises the application
process for issuing those credentials. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

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

33 CFR Part 20

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

33 CFR Part 70

    Navigation (water) and Penalties.

33 CFR Part 95

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

33 CFR Part 101

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 141

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

33 CFR Part 155

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

33 CFR Part 156

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

33 CFR Part 160

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

33 CFR Part 162

    Navigation (water) and Waterways.

33 CFR Part 163

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

33 CFR Part 164

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

33 CFR Part 165

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

46 CFR Part 1

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

46 CFR Part 4

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

46 CFR Part 5

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

46 CFR Part 10

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

46 CFR Part 11

    Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seamen.

46 CFR Part 12

    Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 16

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

46 CFR Part 26

    Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 28

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

46 CFR Part 30

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

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 42

    Penalties, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 58

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 78

    Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.

46 CFR Part 97

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

46 CFR Part 98

    Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 105

    Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.

46 CFR Part 125

    Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Seamen.

46 CFR Part 131

    Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.

46 CFR Part 151

    Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 166

    Schools, Seamen, Vessels.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 196

    Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

0
For the reasons listed in the preamble, the Coast Guard amends 33 CFR
parts 1, 20, 70, 95, 101, 110, 141, 155, 156, 160, 162, 163, 164, and
165; 46 CFR parts 1, 4, 5, 10, 12, 13, 14, 15, 16, 26, 28, 30, 31, 35,
42, 58, 61, 78, 97, 98, 105, 114, 115, 122, 125, 131, 151, 166, 169,
175, 176, 185, 196, 199, 401 and 402; and in 46 CFR, add a new part 11
as follows:

33 CFR CHAPTER I

PART 1--GENERAL PROVISIONS

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

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

Sec.  1.08-5  [Amended]

0
2. In Sec.  1.08-5(b)(1), after the word ``licensed'', add the words
``or credentialed''.

Sec.  1.25-1  [Amended]

0
3. In Sec.  1.25-1(a), remove the words ``documents, certificates, or
licenses'' and add, in their place, the words ``merchant mariner
credentials, merchant mariner documents, licenses or certificates''.

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

0
4. The authority citation for part 20 continues to read as follows:

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

0
5. In Sec.  20.102--
0
a. In the definition for ``Complaint'', after the word ``merchant'',
add the words ``mariner credential,'';
0
b. In the definition for ``Suspension and revocation proceeding or S&R
proceeding'', after the words ``merchant mariner's'', add the word
``credential,''; and
0
c. Add definitions for the terms ``credential'' and ``Merchant mariner
credential or MMC'', in alphabetical order, to read as follows:

Sec.  20.102  Definitions.

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

Sec.  20.904  [Amended]

0
6. In Sec.  20.904--
0
a. In paragraph (e)(1) introductory text, after the words ``certificate
of registry'' remove the word ``or''; and, after the word ``document'',
add the words ``, credential, or endorsement'';
0
b. In paragraph (e)(1)(i)(B), after the word ``certificate'' remove the
word ``or''; and, after the word ``document'', add the words ``,
credential, or endorsement'';
0
c. In paragraph (f) introductory text, after the words ``revocation of
a'', add the words ``credential, endorsement,''; and
0
d. In paragraph (f)(1), after the words ``issuance of a new'' remove
the words ``license, certificate, or document'' and add, in their
place, the words ``merchant mariner credential with appropriate
endorsement''.

Sec.  20.1201  [Amended]

0
7. In Sec.  20.1201--
0
a. In paragraph (a), remove the words ``merchant mariner's license,
certificate of registry, or document'' and add, in their place, the
words ``mariner's credential'';
0
b. In paragraph (b) introductory text, before the words ``license,
certificate, or document'', add the words ``merchant mariner
credential,''; and
0
c. In paragraph (b)(2)(ii), after the words ``renewal of the'', add the
words ``merchant mariner credential,''.

Sec.  20.1202  [Amended]

0
8. In Sec.  20.1202(a), before the words ``license, certificate of
registry, or document'', add the word ``credential,''.

Sec.  20.1205  [Amended]

0
9. In Sec.  20.1205--
0
a. In the section heading, before the words ``license, certificate of
registry, or document'', add the words ``merchant mariner
credential,'';
0
b. In paragraph (a), after the words ``move that his or her'', add the
words ``merchant mariner credential,''; and
0
c. In paragraph (b), after the words ``return of the suspended'', add
the word ``credential,''.

Sec.  20.1307  [Amended]

0
10. In Sec.  20.1307 paragraph (c)(2), after words ``merchant mariner's
license'', add the words ``, merchant mariner credential,''.

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

0
11. The authority citation for part 70 continues to read as follows:

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

Sec.  70.05-10  Revocation of merchant mariner credential officer
endorsement or license.

0
12. In Sec.  70.05-10--
0
a. Revise the section heading as set forth above; and
0
b. In the text, after the words ``shall also have his'', add the words
``merchant mariner credential officer endorsement or''.

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

0
13. Revise the authority citation for part 95 to read as follows:

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

Sec.  95.015  [Amended]

0
14. In Sec.  95.015(b), remove the words ``a licensed individual'' and
add, in their place, the words ``an officer''.

Sec.  95.045  [Amended]

0
15. In Sec.  95.045 introductory text, remove the words ``a licensed
individual'' and add, in their place, the words ``an officer''.

PART 101--MARITIME SECURITY: GENERAL

0
16. The authority citation for part 101 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.

0
17. In Sec.  101.105--
0
a. In the definitions for ``Master'' and ``Operator, Uninspected Towing
Vessel'', before the word ``license'', wherever it appears, add the
words ``merchant mariner credential or''; and
0
b. Add a definition for the term ``Merchant mariner credential or MMC''
to read as follows:

Sec.  101.105  Definitions.

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

PART 110--ANCHORAGE REGULATIONS

0
18. Revise the authority citation for part 110 to read as follows:

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

Sec.  110.186  [Amended]

0
19. In Sec.  110.186(b)(3), after the word ``licensed'', add the words
``or credentialed''.

Sec.  110.188  [Amended]

0
20. In Sec.  110.188(b)(10), after the word ``licensed'', add the words
``or credentialed''.

Sec.  110.214  [Amended]

0
21. In Sec.  110.214(a)(3)(i), after the word ``licensed'' add the
words ``or credentialed''.

PART 141--PERSONNEL

0
22. Revise the authority citation for part 141 to read as follows:

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

Sec.  141.5  [Amended]

0
23. In Sec.  141.5(b)(1) remove the words ``licensed officers, and
unlicensed crew'' and add, in their place, the words ``crew, and
officers holding a valid license or MMC with officer endorsement''.

0
24. In Sec.  141.10, add a definition for the term ``Transportation
Worker Identification Credential or TWIC'', in alphabetical order, to
read as follows:

Sec.  141.10  Definitions.

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

Sec.  141.25  [Amended]

0
25. In Sec.  141.25--
0
a. In paragraph (a) introductory text, remove the word ``The'' and add,
in its place, the words ``For the purposes of this part, the''; and
0
b. In paragraph (a)(1), before the words ``merchant mariner's
document'', add the word ``valid'', and remove the words ``under 46 CFR
Part 12''.

0
26. In Sec.  141.30--
0
a. In the introductory text, remove the first appearance of the word
``The'' and add, in its place, the words ``For the purposes of this
part, the'';
0
b. In paragraph (a), before the words ``merchant mariner's document'',
add the word ``valid'', and remove the words ``under 46 CFR Part 12'';
and
0
c. In paragraph (b), remove the words ``Immigration and Naturalization
Service'' and add, in their place, the words ``Immigration and Customs
Enforcement Agency''; and
0
d. Add a new paragraph (d) to read as follows:

Sec.  141.30  Evidence of status as a resident alien.

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

Sec.  141.35  [Amended]

0
27. In Sec.  141.35(a)(1), after the words ``merchant mariner's
document'', add the words ``, Transportation Worker Identification
Credential,''.

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

0
28. The authority citation for part 155 continues to read as follows:

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

0
29. Revise Sec.  155.110 to read as follows:

Sec.  155.110  Definitions.

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

0
30. In Sec.  155.710--
0
a. In paragraph (a)(2), after the word ``license'', add the words ``or
officer endorsement'';
0
b. Revise paragraph (e)(1) to read as set out below;
0
c. In paragraph (f), after the word ``MMD'', add the words `` or
merchant mariner credential''; and after the words ``either a
license'', add the words ``, officer endorsement,''; and
0
d. In paragraph (g), after the words ``need not hold any of the'', add
the words ``merchant mariner credentials,''.

Sec.  155.710  Qualifications of person in charge.

* * * * *
    (e) * * *
    (1) On each inspected vessel required by 46 CFR chapter I to have
an officer aboard, holds a valid license or merchant mariner credential
issued under 46 CFR chapter I, subchapter B, authorizing service as a
master, mate, pilot, engineer, or operator aboard that vessel, or holds
a valid merchant mariner's document or merchant Mariner credential
endorsed as Tankerman-PIC;
* * * * *

Sec.  155.815  [Amended]

0
31. In Sec.  155.815(b), after the word ``licensed'' add the words ``or
credentialed''.

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

0
32. The authority citation for part 156 continues to read as follows:

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

Sec.  156.210  [Amended]

0
33. In Sec.  156.210(d), remove the words ``a licensed individual'' and
add, in their place, the words ``an officer''.

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
34. The authority citation for part 160 continues to read as follows:

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

Sec.  160.113  [Amended]

0
35. In Sec.  160.113(b)(4), remove the word ``licensed''.

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
36. Revise the authority citation for part 162 to read as follows:

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

0
37. Add a new Sec.  162.5 to read as follows:

Sec.  162.5  Definitions.

    The following definition applies to this part:

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

0
38. In Sec.  162.130(c), revise the definition for ``Master'' to read
as follows;

Sec.  162.130  Connecting waters from Lake Huron to Lake Erie; general
rules.

* * * * *
    (c) * * *
    Master means the master or operator, the person designated by the
master or operator to navigate the vessel, or, on a vessel not
requiring persons holding licenses or merchant mariner credential
officer endorsements, the person in command of the vessel.
* * * * *

PART 163--TOWING OF BARGES

0
39. The authority citation for part 163 continues to read as follows:

    Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).

Sec.  163.01  [Amended]

0
40. In Sec.  163.01(b), after the word ``license'', add the words ``or
merchant mariner credential''.

0
41. Add a new Sec.  163.03 to read as follows:

Sec.  163.03  Definitions.

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

PART 164--NAVIGATION SAFETY REGULATIONS

0
42. The authority citation for part 164 continues to read as follows:

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

0
43. In Sec.  164.13--

0
a. In paragraph (b), remove the words ``a licensed engineer'' and add,
in their place, the words ``an engineer with an appropriately endorsed
license or merchant mariner credential''; and
0
b. Revise paragraph (c) to read as follows:

Sec.  164.13  Navigation underway: tankers.

* * * * *
    (c) Each tanker must navigate with at least two deck officers with
an appropriately endorsed license or merchant mariner credential on
watch on the bridge, one of whom may be a pilot. In waters where a
pilot is required, the second officer, must be an individual holding an
appropriately endorsed license or merchant mariner credential and
assigned to the vessel as master, mate, or officer in charge of a
navigational watch, who is separate and distinct from the pilot.
* * * * *

0
44. In Sec.  164.70, add a new definition for the term ``Merchant
mariner credential or MMC'', in alphabetical order, to read as follows:

Sec.  164.70  Definitions.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
45. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
46. Add a new Sec.  165.3 to read as follows:

Sec.  165.3  Definitions.

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

Sec.  165.120  [Amended]

0
47. In Sec.  165.120(b)(1), remove the words `` the Licensed Federal
Pilot'' and add, in their place, the words ``an individual holding a
valid merchant mariner's license or merchant mariner credential
endorsed as pilot''.

Sec.  165.153  [Amended]

0