reducing the potential impacts of medical conditions on human error. In
combination, the provisions of the proposed rule are expected to reduce
potential for vessels accidents, both those with small and large
consequences.
    Based on data and information from the Coast Guard's Marine
Information for Safety and Law Enforcement (MISLE) database system,
between 2002 and 2009, there were an average of 11 fatalities and 126
injuries (ranging in severity) per year on U.S. flag SOLAS vessels that
are the baseline damages that could be prevented or mitigated by this
rulemaking. Likewise, pollution from incidents involving U.S. flag
SOLAS vessels resulted in an annual average of 285,152 gallons of oil
spilled per year that are the baseline damages that could be prevented
or otherwise mitigated by this rulemaking. Table 4 summarizes the
annual damages associated with fatalities, injuries, and oil spills for
U.S. flag SOLAS vessels.
    These estimates do not include quantified measures of secondary
impacts that result from vessel accidents.

   Table 4--Annual Baseline of Fatalities, Industries, Oil Spills, and
                             Property Damage
                               [2002-2009]
------------------------------------------------------------------------
                 Impact                               SOLAS
------------------------------------------------------------------------
Fatalities.............................  11.
Injuries...............................  126.
Oil Spills.............................  169.
Amount of Oil Spilled..................  285,152 gallons.
Property Damage........................  $25.7 million.
Congestion and Delays..................  Not quantified.
------------------------------------------------------------------------

    The training, sea service and QSS provisions of the proposed rule
would most likely reduce the risk of accident-related consequences such
as fatalities, injuries, and pollution. Estimating the precise
reduction in risk from improved training and sea service requirements
is difficult given existing information. We found limited information
on how STCW, or other competency-based marine transportation training,
quantitatively increases marine safety by reducing the risk of
accidents.
    We did find research conducted for other industries on the impact
of training programs on outcomes and behaviors. This research found a
wide range of potential reductions in risk: from a low of no impact to
a high of approximately 87 percent. See the ``Regulatory Analysis and
Initial Regulatory Flexibility Analysis'' report available on the
docket for more information.
    If the annual costs of $28.1 million we estimate for the cost of
training and sea service requirements (exclusive of the QSS training
provider requirements) are compared against the accident-related
baseline damages for SOLAS vessels including fatalities, injuries,
property damage and oil spilled, the proposed rule would have to reduce
damages by 23.5 percent to reach break even. If fatalities only are
included, the proposed rule would need to prevent approximately 4.6
fatalities per year to break even, out of about 11 total fatalities per
year on SOLAS vessels. Accident-related fatalities represent
approximately 20 percent of the total baseline damages.
    The annualized cost of the training and sea service requirements
(exclusive of the QSS training provider requirements) is approximately
$28.1 million per year at a 7 percent discount rate (See Table 2 for a
summary of annualized costs by requirement category). Based on the
distribution of potential risk reduction derived from the studies
described above applied to the baseline consequences of accident-
related damages for U.S.-flagged, SOLAS vessels, we estimate the
discounted, annualized benefits of the proposed rule could be about
$24.3 million, with a range of $23.7 million to $29.4 million.
    The medical examination requirements will also reduce risk-- both
for fatalities due to medical conditions and for the accident-related
fatalities and oil spills. The incapacitation of mariners on vessels
due to some medical and/or physical conditions causes public safety
risks.
    Data from the trucking industry indicates that certain medical
conditions can increase the risk of accidents. For example, truck
drivers with diabetes have a 19 percent higher risk of causing an
accident. Similarly, drivers with cardio-vascular disease have a 43
percent greater risk of causing an accident.\3\
---------------------------------------------------------------------------

    \3\ Source: Final Rule Regulatory Evaluation, ``Medical
Certification Requirements as Part of the Commercial Driver's
License'', Final Rule, Federal Motor Carrier Safety Administration,
July 2008 (FMCSA-1997-2210-0211.1).
---------------------------------------------------------------------------

    The more frequent medical exams can help ensure that medical
conditions that could impair performance and increase the risk of an
incident are identified and treated earlier, thus reducing the symptoms
and side-effects that could cause decreased performance and increased
risk of accidents.
    The annual costs of the medical-related requirements are
approximately $3.99 million at a 7 percent discount rate. If we compare
this cost with the value of the 5 fatalities related to medical
conditions, the proposed rule would need to result in a 12.7 percent
reduction in risk to break even.
    To summarize, we estimate the monetized annualized costs of the
proposed rule to be about $32.8 million (at a 7 percent discount rate).
However, we believe that this may likely be a high cost estimate as the
SNPRM provides flexibility in choosing alternative methods of
demonstrating competency if these are more cost effective to the
mariners, owners and operators.
    We considered four alternatives to this proposed rule:
     Alternative 1: Maintain the current STCW Convention
interim rule
     Alternative 2: Implement the NPRM Proposed Requirements
     Alternative 3: Implement the SNPRM STCW-Related Proposed
Requirements Only
     Alternative 4: Implement NPRM with Separate Rulemaking for
2010 STCW Amendments
    The first alternative is not feasible as it would not meet all U.S.
responsibilities as a party to the Convention. The second alternative
would partially meet U.S.

responsibility, but would not implement the 2010 STCW amendments. The
third alternative would meet the U.S. responsibilities under the STCW
Convention, but would not provide clarifications and modification to
domestic endorsements. The fourth alternative might not meet U.S. STCW
responsibilities if the time and resources of a separate rulemaking
extend beyond the deadline. Furthermore, Alternative 4 may not be
efficient, as it would require multiple rulemaking efforts that amend
the same requirements.
    The ``Preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis'' report available on the docket provides
additional detail on the alternatives, costs, and benefits of this
rulemaking.
    At this time, based on available information, we expect that this
rulemaking would not be economically significant under Executive Order
12866 (e.g., have an annual effect on the economy of $100 million or
more). The Coast Guard urges interested parties to submit comments that
specifically address the economic impacts of this rulemaking. Comments
can be made as indicated in the ADDRESSES section.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    An initial regulatory flexibility analysis (IRFA) discussing the
impact of this proposed rule on small entities is included within the
preliminary Regulatory Analysis document and is available in the docket
where indicated under the ADDRESSES section of this preamble. A summary
of the analysis follows:
    The proposed rule would directly regulate mariners and training
providers. Individuals, such as the mariners regulated by this rule are
not small entities under the definition of a small entity in the
Regulatory Flexibility Act (RFA).
    The proposed rule includes audit and quality system requirements
for training providers. Based on the Coast Guard data, approximately 84
percent of the STCW training providers that are affected by this
proposed rule are small by the (SBA) size standards.
    While we do not expect training providers to offer new training
programs unless it is beneficial to their business model, we have
estimated the impact of the proposed rule to training providers as if
they would not pass any of their costs to mariners. Therefore, the
revenue impacts to the small training providers discussed below may be
overestimates.
    We found that this proposed rule would have a significant economic
impact (more than 1 percent impact on revenue) on 67 percent of small
training providers in the first year. After the first year, we found
that the proposed rule would have a significant economic impact on 40
percent of small training providers.
    As previously discussed in the ``Economic comments--training
requirements'' section, we received comments about costs for STCW
training requirements that are absorbed not by mariners, but their
employers. The proposed rule does not directly require companies or
maritime employers to pay for the proposed training requirements for
affected mariners. However, we acknowledge that some marine employers
fund training and might be indirectly impacted. In recognition of this
possibility, we have modified the analysis of impacts on small entities
in the Initial Regulatory Flexibility Analysis to include a sensitivity
analysis showing the impact of additional training costs on employers
of mariners.
    Based on this sensitivity analysis, we found that about 80 percent
of the vessel owners and operators affected by this rule would be small
entities under the Regulatory Flexibility Act and the Small Business
Administration (SBA) size standards. We estimate that the proposed rule
would have a more than 1 percent cost impact on annual revenue for 69
to 83 percent of the small vessel owners and operators affected by this
rulemaking, depending on the year.
    However, under the SNPRM, the Coast Guard would accept various,
flexible methods for demonstrating competence that would reduce the
costs of training requirements proposed in the November 17, 2009 NPRM,
a potential cost relief to maritime employers that fund training.
    We are interested in the potential impacts from this proposed rule
on small businesses and we request public comment on these potential
impacts. If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking would
have a significant economic impact on it, please submit a comment to
the Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Ms. Zoe Goss,
Maritime Personnel Qualifications Division, Coast Guard; telephone 202-
372-1425. 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for modifications to collections of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). It would modify two existing Office of Management and Budget
(OMB) Collection of Information: OMB Control Number 1625-0028, ``Course
Approvals for Merchant Marine Training Schools''; and, OMB Control
Number 1625-0079, ``Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1995 and 1997 Amendments to the
International Convention''.
    As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other, similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data,

gathering and maintaining the data needed, and completing and reviewing
the collection.
    This proposed rule would add to recordkeeping requirements of
training providers and credentialed merchant mariners.
    Title: Course Approval and Records for Merchant Mariner Training
Schools.
    OMB Control Number: 1625-0028
    Title 46 United States Code (U.S.C.) 7315 authorizes a license or
document applicant to substitute the completion of an approved course
for a portion of the required sea service. Title 46 Code of Federal
Regulations (CFR) 10.402 specifies the information that must be
submitted for the Coast Guard to evaluate and approve each course.
Title 46 Code of Federal Regulations (CFR) 10.403 specifies
recordkeeping requirements that a school teaching approved courses must
meet for each student taking each course.
    Under the proposed rule, training providers that teach STCW
Convention courses would: (1) Develop and maintain a QSS, including
writing and maintaining a QSS manual; (2) Undergo an internal audit and
undergo an external audit every 5 years and keep the audit records for
Coast Guard inspection as needed; and (3) Store student course records
for an additional 4 years.
    Since training providers are currently required to store student
records for 1 year and many of them store records for several years
more, the burden of the new requirement that would extend recordkeeping
from 1 year to 5 years is small.
    Summary of the Collection of Information: A licensed mariner is
authorized to substitute the completion of an approved course for a
portion of the required sea service. Training providers must submit
specific information to the Coast Guard to evaluate and approve each
course.
    The proposed rule would require training providers to write and
maintain a QSS manual and arrange two internal audits of STCW
Convention courses within 5 years.
    Need for Information: The information is necessary to show evidence
that training providers meet the quality, minimum standard and
recordkeeping requirements of each STCW Convention course as
established by the International Maritime Organization (IMO).
    Proposed Use of Information: The Coast Guard would use this
information to document that the training level of mariners meets
international requirements.
    Description of the Respondents: The respondents are the mariner
training schools that would be required to complete form CG-719B.
    Number of Respondents: According to the US Coast Guard national
Maritime Center (NMC), there are approximately 285 training schools.
However, only 141 training providers teach STCW courses. The number of
respondents is 141 STCW training providers in the first year and
recurring annually.
    Frequency of Response: Respondents are required to write a QSS
manual in the first year and modify it as needed. They would also
arrange internal audits on their STCW courses every two and a half
years.
    Burden of Response: Writing a QSS manual would take a training
provider approximately 206 hours in the first year (205 hours for
reporting and 1 hour for recordkeeping), and modifying it would take 9
hours every year (8 hours for reporting and 1 hour recordkeeping). We
estimate that it would take 10 hours for each respondent to complete an
internal audit twice every 5 years (9 hours for reporting and 1 hour
for recordkeeping.
    Estimate of Total Annual Burden: The existing OMB-approved total
annual burden, as adjusted in January 2009, is 97,260 hours. This rule
would increase the burden for 141 training providers by approximately
225 hours each. The total additional hours requested for this
rulemaking is 31,725 [141 x (206 + 9 +10)]. The new annual burden for
the first year is 29,046 hours and about 1,833 hours each year after
the first year.
    Title: Standards of Training, Certification and Watchkeeping for
Seafarers (STCW), 1995 and 1997 Amendments to the International
Convention.
    OMB Control Number: 1625-0079
    The International Convention for Standards of Training,
Certification and Watchkeeping for Seafarers (STCW) sets qualifications
for masters, officers and watchkeeping personnel on seagoing merchant
ships. The United States is a signatory to these conventions, which
define standards of competence necessary to protect safety of life at
sea and the marine environment and address the responsibilities of all
State-Parties to ensure seafarers meet defined standards of competence
and quality. The information collection requirements are necessary to
implement the amendments to this important international convention.
    This proposed regulation is making three changes which impact this
collection. This proposed regulation would: (1) Change the medical exam
requirements for STCW credentialed mariner from once every five years
to once every two years; (2) Require documented evidence of security
training or awareness for 2 groups of mariners--personnel with security
duties (except Vessel Security Officers, VSO) and all other mariners
working aboard a vessel; and, (3) Recognize STCW endorsements issued by
foreign governments.
    For changes in medical examination requirements, mariners would be
required to submit to NMC form CG-719K as filled out by a physician.
For documented evidence of security training or awareness for
personnel, vessel owners/operators would need to provide documentary
evidence that personnel with security duties other than VSOs meet
requirements set forth in 33 CFR 104.220, provide documentary evidence
of meeting the requirements of 33 CFR 104.225 for all other personnel
working on a vessel. Additionally the proposed rule allows for the
recognition of STCW endorsements issued by foreign governments given
proper documentation is submitted by a vessel owner/operator.
    Summary of the Collection of Information: The STCW Convention sets
qualifications for mariners on seagoing merchant ships. As a signatory
party, information must be collected to provide documentary evidence
that demonstrates requirements described in this important
international treaty are being met.
    This proposed regulation, which adopts 2010 amendments to the STCW
convention, requires STCW mariners to provide documentation of a
medical exam occurring once every two years; establishes the need for
documentary evidence certifying security training or awareness for
personnel; and, provides the means to recognize STCW endorsements
issued by foreign governments.
    Need for Information: The collection of information is needed to
ensure that mariners have completed training and medical assessment
necessary to receive STCW certification or endorsement. Collection of
information is also needed to demonstrate to the International Maritime
Organization that the United States has in place certain specific
regulations that implement the international requirements and related
amendments to the STCW convention.
    Proposed Use of Information: The information collected will help to
ensure compliance with international requirements and to maintain
acceptable quality in activities associated with training and
assessment of merchant mariners.

    Description of the Respondents: The respondents would be merchant
mariners holding STCW endorsements who need to update their medical
records with NMC and the vessel owner/operators employing STCW endorsed
mariners.
    Number of Respondents: According to Coast Guard NMC data, an
estimated 60,000 merchant mariners hold STCW endorsements. Of those
mariners, approximately 12,000 submit medical examination forms each
year. Since the proposed regulation requires medical exams every two
years, the number of additional mariners needing to respond each year
would be 18,000.
    This proposed rule would also require employers of STCW endorsed
mariners to submit documentary evidence of security training or
awareness. Approximately 316 employers would need to submit this one-
time requirement for 23,413 mariners--12,020 mariners who fall under 33
CFR 104.220 and for 11,393 mariners who fall under 33 CFR 104.225.
    Additionally, approximately 105 owner/operators and approximately
1,800 mariners holding STCW endorsements issued by foreign governments
would need to respond.
    Frequency of Response: For medical examination requirements,
mariners are required to respond every two years. We would assume half
of the mariner population to respond annually. Mariners would need to
make a one-time response that includes the proof of meeting the
security training or knowledge requirement. Credentials for mariners
holding foreign-issue STCW endorsements are valid for 5 years and
response would be once every 5 years.
    Burden of Response: For medical examinations, filling out form CG-
719K takes approximately 20 minutes to complete and submitting that
form by the mariner would take approximately 5 minutes. Total response
burden would be approximately 25 minutes.
    For personnel with security training, we estimate it would take
employers 15 minutes per mariner to provide documentary evidence of
security training or awareness.
    For mariners with STCW endorsements issued by foreign governments,
filling out form CG-719B takes approximately 15 minutes to complete.
    Estimate of Total Annual Burden: For medical examinations, existing
OMB-approved total annual burden, as adjusted in July 2009, is 22,440
hours. This rule would increase the annual burden by 7,950 hours (7,500
hrs. for medical exams + 450 hrs. for foreign-issued STCW
endorsements). Additionally, this proposed rule would impose a one-time
burden of 5,853 hours on owner/operators to provide documentary
evidence of training.
    This proposed rule would increase the annual burden on 18,000
respondents submitting medical examination forms by approximately 25
minutes each. The total additional hours requested for this rulemaking
is 7,500 [18,000 x (25/60)]. For the approximately 1,800 mariners
holding STCW endorsements issued by foreign governments, this proposed
rule would increase the annual burden by 105 respondents by
approximately 15 minutes each. The total additional hours requested for
this rulemaking is 450 [1,800 x (15/60)]. For other personnel with
security training or awareness, this one-time requirement would impose
a burden on 316 respondents by 15 minutes each, or approximately 5,853
hours [23,413 mariners x (15/60)].
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to the Office of
Management and Budget (OMB) for its review of the collection of
information.
    We ask for public comment on the proposed collections of
information to help us determine how useful the information is; whether
it can help us perform our functions better; whether it is readily
available elsewhere; how accurate our estimate of the burden of each
collection is; how valid our methods for determining burden are; how we
can improve the quality, usefulness, and clarity of the information;
and how we can minimize the burden of collection.
    If you submit comments on the collection of information, submit
them to both OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.

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.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).)
    This proposed rule would not extend Federal jurisdiction into those
areas of pilotage that are reserved to the States in 46 U.S.C. 8501.
Section 8501 provides for State regulation of pilots in the bays,
rivers, harbors, and ports of the U.S. unless the law specifies
otherwise. This proposed rule would change the requirements for the
credentialing of mariners and would impact manning. In United States v.
Locke, the Supreme Court references the STCW Convention as evidence
that such areas are exclusively Federal, stating: ``That training is a
field reserved to the Federal Government is further confirmed by the
circumstance that the STCW Convention addresses crew `training' and
`qualification' requirements, and that the United States has enacted
crew training regulations.'' United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000). Because the States
may not regulate within these categories, preemption under Executive
Order 13132 is not an issue.

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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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. Though it is a ``significant
regulatory action'' under Executive Order 12866, it is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

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

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule involves regulations that are procedural and the training of
maritime personnel. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this
proposed rule.

List of Subjects

46 CFR Part 1

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

46 CFR Part 10

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

46 CFR Part 11

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

46 CFR Part 12

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

46 CFR Part 13

    Cargo vessels, Incorporation by reference, Reporting and
recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 15

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 1, 10, 11, 12, 13, 14, and 15 as follows:

TITLE 46 CFR--SHIPPING

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

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

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

Sec.  1.03-40   [Amended]

    2. In Sec.  1.03-40, after the words ``make a formal appeal of that
decision or action'', remove the text ``, via the NMC,''.

PART 10--MERCHANT MARINER CREDENTIAL

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

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 0170.1.

    4. Amend Sec.  10.101 as follows:
    a. Revise the heading to read as set down below;
    b. In paragraph (b), remove the word ``their'' and add, in its
place, the words ``his or her''; and
    c. In paragraph (d), remove the words ``holder of'' and add, in
their place, the words ``applicant for''.

Sec.  10.101  Purpose.

* * * * *

Sec.  10.103  [Amended]

    5. Amend Sec.  10.103 as follows:
    a. In paragraph (b)(1), after the words ``incorporation by
reference approved for'' remove the section numbers ``Sec. Sec.
10.107, 10.109, and 10.231'' and add, in their place, the section
numbers ``Sec. Sec.  10.107, 10.109, 10.201, and 10.410''; and
    b. In paragraph (b)(2), after the words ``incorporation by
reference approved for'' remove the section numbers ``Sec. Sec.
10.107, 10.109, 10.227, and 10.231'' and add, in their place, the
section numbers ``Sec. Sec.  10.107, 10.109, 10.201, 10.404, 10.411,
and 10.412''.

    6. Revise Sec.  10.107 to read as follows:

Sec.  10.107  Definitions in subchapter B.

    (a) With respect to part 16 of this subchapter only, if the
definitions in paragraph (b) of this section differ from those set
forth in Sec.  16.105, the definition set forth in Sec.  16.105
applies.
    (b) As used in this subchapter, the following terms apply only to
merchant marine personnel credentialing and the manning of vessels
subject to the manning provisions in the navigation and shipping laws
of the United States:
    Apprentice mate (steersman) of towing vessels means a mariner
qualified to perform watchkeeping on the bridge, while in training
onboard a towing vessel under the direct supervision and in the
continuous presence of a master or mate (pilot) of towing vessels.
    Apprentice mate (steersman) of towing vessels (utility) means a
mariner qualified to perform watchkeeping on the bridge, while in
training onboard a towing vessel under the direct supervision and in
the continuous presence of a master or mate (pilot) of towing vessels
or a master of towing vessels (utility).
    Approved means approved by the Coast Guard.
    Approved training means training that is approved by the Coast
Guard or meets the requirements of Sec.  10.408 of this part.
    Articulated tug barge or ATB means any tug-barge combination which
through the use of an articulated or ``hinged'' connection system
between the tug and barge allows movement in one axis, or plane in the
critical area of fore and aft pitch.
    Assistance towing means towing a disabled vessel for consideration.
    Assistant engineer, for domestic endorsements, means a qualified
officer in the engine department other than the chief engineer.
    Authorized official includes, but is not limited to, a Federal,
State, or local law enforcement officer.
    Ballast control operator or BCO means an officer restricted to
service on mobile offshore drilling units (MODUs) whose duties involve
the operation of the complex ballast system found on many MODUs. When
assigned to a MODU, a ballast control operator is equivalent to a mate
on a conventional vessel.
    Barge means a non-self-propelled vessel as defined in 46 U.S.C.
102.
    Barge supervisor or BS means an officer restricted to service on
MODUs whose duties involve support to the offshore installation manager
(OIM) in marine-related matters including, but not limited to,
maintaining watertight integrity, inspecting and maintaining mooring
and towing components, and maintaining emergency and other marine-
related equipment. A barge supervisor, when assigned to a MODU, is
equivalent to a mate on a conventional vessel.
    Boatswain means the leading seaman and immediate supervisor of deck
crew who supervises the maintenance of deck gear.
    Boundary lines are specified in 46 CFR part 7.
    Cargo engineer means a person holding an officer endorsement on a
dangerous-liquid tankship or a liquefied-gas tankship whose primary
responsibility is maintaining the cargo system and cargo-handling
equipment.
    Ceremonial license means a document that reflects a mariner's
existing domestic officer endorsement and is suitable for framing, but
is not valid for use as a Merchant Mariner Credential (MMC).
    Chief engineer means the senior engineer responsible for the
mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the vessel.
    Chief mate means the deck officer next in rank to the master and
upon whom the command of the vessel will fall in the event of
incapacity of the master.
    Coast Guard-accepted means:
    (1) That the Coast Guard has officially acknowledged in writing
that the material or process at issue meets the applicable
requirements;
    (2) That the Coast Guard has issued an official policy statement
listing or describing the material or process as meeting the applicable
requirements; or
    (3) That an entity acting on behalf of the Coast Guard under a
Memorandum of Agreement has determined that the material or process
meets the applicable requirements.
    Coast Guard-accepted QSS organization means an entity that has been
approved by the Coast Guard to accept and monitor training on behalf of
the Coast Guard.
    Coastwise seagoing vessel means a vessel that is authorized by its
Certificate of Inspection to proceed beyond the Boundary Line
established in part 7 of this chapter.
    Coastwise voyage is a domestic voyage and means a voyage in which a
vessel proceeds:
    (1) From one port or place in the United States to another port or
place in the United States;
    (2) From a port or place in a United States possession to another
port or place in the same possession, and passes outside the line
dividing inland waters from the high seas; or
    (3) From a port or place in the United States or its possessions
and passes outside the line dividing inland waters from the high seas
and navigates on the high seas, and then returns to the same port or
place.
    Conviction means that the applicant for a merchant mariner
credential has been found guilty, by judgment or plea by a court of
record of the United States, the District of Columbia, any State,
territory, or possession of the United States, a foreign country, or
any military court, of a criminal felony or misdemeanor or of an
offense described in section 205 of the National Driver Register Act of
1982, as amended (49 U.S.C. 30304). If an applicant pleads guilty or no
contest, is granted deferred adjudication, or is required by the court
to attend classes, make contributions of time or money, receive
treatment, submit to any manner of probation or supervision, or forgo
appeal of a trial court's conviction, then the Coast Guard will
consider the applicant to have received a conviction. A later
expungement of the conviction will not negate a conviction unless the
Coast Guard is satisfied that the expungement is based upon a showing
that the court's earlier conviction was in error.
    Credential means any or all of the following:
    (1) Merchant mariner's document.
    (2) License.
    (3) STCW endorsement.
    (4) Certificate of registry.
    (5) Merchant Mariner Credential.
    Criminal record review means the process or action taken by the
Coast Guard to determine whether an applicant for, or holder of, a
credential is a safe and suitable person to be issued such a credential
or to be employed on a vessel under the authority of such a credential.
    Dangerous drug means a narcotic drug, a controlled substance, or a
controlled-substance analogue (as defined in section 102 of the
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
    Dangerous liquid or DL means a liquid listed in 46 CFR 153.40 of
this chapter that is not a liquefied gas as defined in this part.
Liquid cargoes in bulk listed in 46 CFR part 153, Table 2, of this
chapter are not dangerous-liquid cargoes when carried by non-oceangoing
barges.
    Day means, for the purpose of complying with the service
requirements of this subchapter, 8 hours of watchstanding or day-
working not to include overtime. On vessels authorized by 46 U.S.C.
8104 and 46 CFR 15.705, to operate a two-watch system, a 12-hour
working day may be creditable as

1 \1/2\ days of service. On vessels of less than 100 GRT, a day is
considered as 8 hours unless the Coast Guard determines that the
vessel's operating schedule makes this criteria inappropriate; in no
case will this period be less than 4 hours. When computing service on
MODUs for any endorsement, a day of MODU service must be a minimum of 4
hours, and no additional credit is received for periods served over 8
hours.
    Deck crew (excluding individuals serving under their officer
endorsement) means, as used in 46 U.S.C. 8702, only the following
members of the deck department: able seamen, boatswains, and ordinary
seamen.
    Deck department means the department aboard a ship responsible for
navigation, cargo, command, and control functions.
    Designated areas means those areas within pilotage waters for which
first-class pilot's endorsements are issued under part 11, subpart G,
of this chapter, by the Officer in Charge, Marine Inspection (OCMI).
The areas for which first-class pilot's endorsements are issued within
a particular Marine Inspection Zone and the specific requirements to
obtain them may be obtained from the OCMI concerned.
    Designated duty engineer or DDE means a qualified engineer, who may
be the sole engineer on vessels with a periodically unmanned engine
room.
    Designated examiner or DE means a person who has been trained or
instructed in techniques of training or assessment on towing vessels
and is otherwise qualified to evaluate whether an applicant has
achieved the level of proficiency required to hold a towing vessel
endorsement on a merchant mariner credential (MMC). This person may be
approved by the Coast Guard or by a Coast Guard-approved or -accepted
program of training.
    Designated medical examiner means a licensed physician, licensed
physician's assistant, or licensed nurse practitioner who has been
trained and approved to conduct medical and physical examinations of
merchant mariners on behalf of the U.S. Coast Guard and may be
delegated limited authority to grant waivers and approve physical/
medical suitability for service.
    Directly supervised (only when referring to issues related to
tankermen) means being in the direct line of sight of the person-in-
charge or maintaining direct, two-way communications by a convenient,
reliable means, such as a predetermined working frequency over a
handheld radio.
    Disabled vessel means a vessel that needs assistance, whether
docked, moored, anchored, aground, adrift, or underway, but does not
mean a barge or any other vessel not regularly operated under its own
power. This includes, but is not limited to, a vessel that needs
support or aid from another vessel (or vessels) to achieve completion
of a maneuver or a portion of a transit safely, or when vessel safety
is at risk such as mechanical difficulty, weather conditions, port/
waterway congestion, or vessel maneuvering constraints.
    Document of Continuity means a document issued by the Coast Guard
to seafarers who are unwilling or otherwise unable to meet the
requirements of Sec.  10.227 for the sole purpose of maintaining an
individual's eligibility for renewal of an endorsement.
    Domestic officer endorsement means an annotation on a merchant
mariner credential that allows a mariner to serve in the capacities
listed in Sec.  10.109(a) of this part. The officer endorsement serves
as the license and/or certificate of registry pursuant to 46 U.S.C.
subtitle II part E.
    Domestic rating endorsement means an annotation on a merchant
mariner credential that allows a mariner to serve in those capacities
set out in Sec.  10.109(b) and (c) of this part. The rating endorsement
serves as the merchant mariner's document pursuant to 46 U.S.C.
subtitle II part E.
    Domestic voyage means a voyage from one United States port to
another United States port, without entering waters under the
jurisdiction of another country. This includes a voyage to nowhere that
returns to the originating port.
    Drug test means a chemical test of an individual's urine for
evidence of dangerous drug use.
    Dual-mode integrated tug barge means an Integrated Tug Barge (ITB)
involving an articulated (flexible) coupling system where the towing
unit rolls and heaves (articulates) about a horizontal pivot point.
Dual mode units resemble a conventional tug and are capable of towing
in other configurations (astern or alongside).
    Employment assigned to means the total period of time a person is
assigned to work on MODUs, including time spent ashore as part of
normal crew rotation.
    Endorsement is a statement of a mariner's qualifications, which may
include the categories of officer, staff officer, ratings, and/or STCW
appearing on a merchant mariner credential.
    Engine department means the department aboard a ship responsible
for the main propulsion and auxiliary systems, and other mechanical,
electrical, hydraulic, and refrigeration systems, including deck
machinery and cargo-handling equipment.
    Entry-level mariner means a mariner holding no rating other than
ordinary seaman, wiper, steward's department, or steward's department
food handler (F.H.).
    Evaluation means processing an application, from the point of
receipt to approval or denial of the application, including review of
all documents and records submitted with an application as well as
those obtained from public records and databases.
    Fails a chemical test for dangerous drugs means that the result of
a chemical test conducted under 49 CFR part 40 was reported as
``positive'' by a Medical Review Officer because the chemical test
indicated the presence of a dangerous drug at a level equal to or
exceeding the levels established in 49 CFR part 40.
    First assistant engineer means the engineer officer next in rank to
the chief engineer and upon whom the responsibility for the mechanical
propulsion and the operation of maintenance of the mechanical and
electrical installations of the vessel will fall in the event of the
incapacity of the chief engineer.
    Great Lakes for the purpose of calculating service requirements for
an endorsement, means the Great Lakes and their connecting and
tributary waters, including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between miles 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between miles 321 and 322), and the Saint Lawrence River as far east
as the lower exit of Saint Lambert Lock. For purposes of requiring
merchant mariner credentials with rating endorsements, the connecting
and tributary waters are not part of the Great Lakes.
    Gross register tons or GRT means the gross ton measurement of the
vessel under 46 U.S.C. chapter 145, Regulatory Measurement.
    Gross tonnage or GT means the gross tonnage measurement of the
vessel under 46 U.S.C. chapter 143, Convention Measurement.
    Harbor assist means the use of a towing vessel during maneuvers to
dock, undock, moor, or unmoor a vessel, or to escort a vessel with
limited maneuverability. This term refers to towing vessels assisting
ships rather than to assistance towing vessels assisting yachts and
recreational boats.
    Horsepower or HP means, for the purpose of this subchapter, the
total maximum continuous shaft horsepower of the entire vessel's main
propulsion

machinery as determined by the manufacturer. This term is used when
describing a vessel's propulsion power and also when placing
limitations on an engineer officer license or endorsement. One
horsepower equals 0.75 kW.
    IMO means the International Maritime Organization.
    Increase in scope means additional authority added to an existing
credential.
    Inland waters means the navigable waters of the United States
shoreward of the Boundary Lines as described in part 7 of this chapter,
excluding the Great Lakes, and, for towing vessels, excluding the
Western Rivers. For establishing credit for sea service, the waters of
the Inside Passage between Puget Sound and Cape Spencer, Alaska, are
inland waters.
    Integrated Tug Barge or ITB means any tug-barge combination which,
through the use of special design features or a specially designed
connection system, has increased seakeeping capabilities relative to a
tug and barge in the conventional pushing mode. An ITB can be divided
into either a dual-mode ITB or a push-mode ITB. The definitions for
those categories can be found elsewhere in this section.
    Invalid credential means a Merchant Mariner Credential, merchant
mariner's document, merchant mariner's license, STCW endorsement, or
Certificate of Registry that has been suspended or revoked, or has
expired.
    Kilowatt or kW means 1\1/3\ horsepower. This term is used when
describing a vessel's propulsion power and also when placing
limitations on an engineer officer license or endorsement.
    Large passenger vessel, for the purposes of subpart H of part 12,
means a vessel of more than 70,000 gross tons, as measured under 46
U.S.C. 14302 and documented under the laws of the United States, with
capacity for at least 2,000 passengers and a coastwise endorsement
under 46 U.S.C. chapter 121.
    Lifeboatman means a mariner who is qualified to take charge of,
lower, and operate survival craft and related survival equipment on a
vessel.
    Lifeboatman-Limited means a mariner who is qualified to take charge
of, lower, and operate liferafts, rescue boats, and other survival
equipment on vessels where lifeboats are not installed.
    Limited means an annotation on a merchant mariner credential which
limits the operational authority of a particular endorsement to a
limited tonnage, portions of a route, means of propulsion, or equipment
(such as liferafts).
    Liquefied gas or LG means a cargo that has a vapor pressure of 172
kPa (25 psia) or more at 37.8[deg]C (100[deg]F).
    Liquid cargo in bulk means a liquid or liquefied gas listed in
Sec.  153.40 of this chapter and carried as a liquid cargo or liquid-
cargo residue in integral, fixed, or portable tanks, except a liquid
cargo carried in a portable tank actually loaded and discharged from a
vessel with the contents intact.
    Management level means the level of responsibility associated with
serving as master, chief mate, chief engineer officer or second
engineer officer onboard vessels to which STCW applies.
    Marine chemist means a person certificated by the National Fire
Protection Association.
    Master means the officer having command of a vessel.
    Mate means a qualified officer in the deck department other than
the master.
    Merchant Mariner Credential or MMC means a credential issued by the
Coast Guard under 46 CFR part 10. It combines the individual merchant
mariner's document, license, and certificate of registry enumerated in
46 U.S.C. subtitle II part E as well as the STCW endorsement into a
single credential that serves as the mariner's qualification document,
certificate of identification, and certificate of service.
    MMC application means the application for the MMC, as well as the
application for any endorsement on an MMC.
    Mobile offshore drilling unit or MODU means a vessel capable of
engaging in drilling operations for the exploration for or exploitation
of subsea resources. MODU designs include the following:
    (1) Bottom bearing units, which include:
    (i) Self-elevating (or jack-up) units with moveable, bottom bearing
legs capable of raising the hull above the surface of the sea; and
    (ii) Submersible units of ship-shape, barge-type, or novel hull
design, other than a self-elevating unit, intended for operating while
bottom bearing.
    (2) Surface units with a ship-shape or barge-type displacement hull
of single or multiple hull construction intended for operating in a
floating condition, including semi-submersibles and drill ships.
    Month means 30 days, for the purpose of complying with the service
requirements of this subchapter.
    National Driver Register or NDR means the nationwide repository of
information on drivers maintained by the National Highway Traffic
Safety Administration under 49 U.S.C. chapter 303.
    NDR-listed convictions means a conviction of any of the following
motor vehicle-related offenses or comparable offenses:
    (1) Operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance; or
    (2) A traffic violation arising in connection with a fatal traffic
accident, reckless driving, or racing on the highways.
    Near-coastal means ocean waters not more than 200 miles offshore
from the U.S. and its possessions, except for MMCs endorsed as Operator
of Uninspected Passenger Vessel for which near-coastal is limited to
waters not more than 100 miles offshore from the U.S. and its
possessions.
    Non-resident alien, for the purposes of subchapter H of part 12,
means an individual who is not a citizen or alien lawfully admitted to
the United States for permanent residence, but who is employable in the
United States under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), including an alien crewman described in section
101(a)(15)(D)(i) of that Act who meets the requirements of 46 U.S.C.
8103(k)(3)(A).
    Oceans means the waters seaward of the Boundary Lines as described
in 46 CFR part 7. For the purposes of establishing sea service credit,
the waters of the Inside Passage between Puget Sound and Cape Spencer,
Alaska, and the inland waters of another country are not considered
oceans.
    Officer endorsement means an annotation on a merchant mariner
credential that allows a mariner to serve in the capacities listed in
Sec.  10.109 of this part.
    Officer in Charge, Marine Inspection or OCMI means, for the
purposes of this subchapter, the commanding officer of the National
Maritime Center, or any person designated as such by the Commandant, in
accordance with 46 CFR 1.01-15(b).
    Officer in charge of an engineering watch in a manned engine room
or designated duty engineer in a periodically unmanned engine room or
OICEW means an engineering officer qualified at the operational level.
    Officer in charge of a navigational watch or OICNW means a deck
officer qualified at the operational level.
    Offshore installation manager or OIM means an officer restricted to
service on MODUs. An assigned offshore installation manager is
equivalent to a master on a conventional vessel and is the person
designated by the owner or operator to be in complete and ultimate
command of the unit.

    On location means that a mobile offshore drilling unit is bottom
bearing or moored with anchors placed in the drilling configuration.
    Operate, operating, or operation (as applied to the manning
requirements of vessels carrying passengers) refers to a vessel any
time passengers are embarked whether the vessel is underway, at anchor,
made fast to shore, or aground.
    Operational level means the level of responsibility associated with
serving as officer in charge of a navigational or engineering watch or
as designated duty engineer for periodically unmanned machinery spaces
or as Global Maritime Distress and Safety System radio operator onboard
ships to which STCW applies.
    Operator means an individual qualified to operate certain
uninspected vessels.
    Orally assisted examination means an examination as described in 46
CFR, part 11, subpart I of this subchapter administered verbally and
documented by a Coast Guard examiner.
    Overriding operational condition means circumstances in which
essential shipboard work cannot be delayed due to safety or
environmental reasons, or could not have reasonably been anticipated at
the commencement of the voyage.
    Participation, when used with regard to the service on transfers
required for tankerman by Sec. Sec.  13.120, 13.203, or 13.303 of this
subchapter, means either actual participation in the transfers or close
observation of how the transfers are conducted and supervised.
    Passes a chemical test for dangerous drugs means that the result of
a chemical test conducted according to 49 CFR part 40 is reported as
``negative'' by a Medical Review Officer according to that part.
    Periodically unattended engine room means a space containing main
propulsion and associated machinery and all sources of main electrical
supply which is not at all times manned under all operating conditions,
including maneuvering.
    PIC means a person in charge.
    Pilot of towing vessels means a qualified officer of a towing
vessel operated only on inland routes.
    Pilotage waters means the navigable waters of the United States,
including all inland waters and offshore waters to a distance of 3
nautical miles from the baseline from which the Territorial Sea is
measured.
    Practical demonstration means the performance of an activity under
the direct observation of a designated examiner or qualified assessor
for the purpose of establishing that the performer is sufficiently
proficient in a practical skill to meet a specified standard of
competence or other objective criterion.
    Propulsion power means the total maximum continuous-rated output
power of the main propulsion machinery of a vessel determined by the
manufacturer, in either kilowatts or horsepower, which appears on the
ship's Certificate of Registry or other official document and excludes
thrusters and other auxiliary machinery.
    Public vessel means a vessel that:
    (1) Is owned, or demise chartered, and operated by the United
States Government or a government of a foreign country; and
    (2) Is not engaged in commercial service.
    Push-mode ITBs means those ITBs that involve a rigid coupling
system and, when not coupled to the barge, are incapable of conducting
towing in any other configuration (such as astern or alongside)
because, by themselves, they have very limited seakeeping capability.
The propelling unit moves as one with the barge unit.
    Qualified Assessor or QA means a person who is qualified to
evaluate whether an applicant has demonstrated the level of proficiency
required to hold a required endorsement on an MMC. This person may be
approved by the Coast Guard or by a Coast Guard-approved or -accepted
program of training.
    Qualified instructor means a person who has been trained or
instructed in instructional techniques and is otherwise qualified to
provide required training to candidates for an MMC endorsement. A
faculty member employed at a State maritime academy or the U.S.
Merchant Marine Academy operated under 46 CFR part 310 and instructing
in a navigation or engineering course is qualified to serve as a
qualified instructor in his or her area of specialization without
individual evaluation by the Coast Guard.
    Qualified rating means various categories of able seaman, qualified
member of the engine department, or tankerman endorsements issued on
merchant mariner credentials.
    Quality Standard System or QSS means a set of policies, procedures,
processes, and data required to establish and fulfill the
organization's objectives.
    Raise of grade means an increase in the level of authority and
responsibility associated with an officer or rating endorsement.
    Rating endorsement is an annotation on a merchant mariner
credential that allows a mariner to serve in those capacities set out
in Sec.  10.109 of this part.
    Regional examination center or REC means a field office of the
National Maritime Center that receives and screens credential
applications, conducts approved course oversight, and administers Coast
Guard examinations as required by this subchapter.
    Rest means a period of time during which the person concerned is
off duty, is not performing work (which includes administrative tasks
such as chart correction or preparation of port-entry documents), and
is allowed to sleep without interruption.
    Restricted means when a restriction is placed on an MMC, which
restricts the authority of an endorsement to specific cargoes,
equipment, vessel or vessels, employers, activities, particular
geographic or local areas, formal camps, yacht clubs, educational
institutions, or marinas.
    Restricted tankerman endorsement means a valid tankerman
endorsement on an MMC restricting its holder as the Coast Guard deems
appropriate. For instance, the endorsement may restrict the holder to
one or a combination of the following: a specific cargo or cargoes; a
specific vessel or vessels; a specific facility or facilities; a
specific employer or employers; a specific activity or activities (such
as loading or unloading in a cargo transfer); or a particular area of
water.
    Rivers means a river, canal, or other similar body of water
designated as such by the Coast Guard.
    Safe and suitable person means a person whose prior record,
including but not limited to criminal record and/or NDR record,
provides no information indicating that his or her character and habits
of life would support the belief that permitting such a person to serve
under the MMC and/or endorsement sought would clearly be a threat to
the safety of life or property detrimental to good discipline, or
adverse to the interests of the United States. See 46 CFR 10.211 and
10.213 for the regulations associated with this definition.
    Seagoing service means service onboard a ship/vessel relevant to
the issue of a credential or other qualification.
    Seagoing vessel means a self-propelled vessel that operates beyond
the boundary line specified in 46 CFR part 7.
    Second engineer officer means an engineer officer next in rank to
the chief engineer officer and upon whom the responsibility for the
mechanical

propulsion and the operation and maintenance of the mechanical and
electrical installations of the ship will fall in the event of the
incapacity of the chief engineer officer.
    Self-propelled has the same meaning as the terms ``propelled by
machinery'' and ``mechanically propelled.'' This term includes vessels
fitted with sails or mechanical propulsion.
    Self-propelled tank vessel means a tank vessel propelled by
machinery other than a tankship.
    Senior company official means the president, vice president, vice
president for personnel, personnel director, or similarly titled or
responsible individual, or a lower-level employee designated in writing
by one of these individuals for the purpose of certifying employment.
    Service (as used when computing the required service for
endorsements) means the time period, in days, a person is assigned to
work. On MODUs, this excludes time spent ashore as part of crew
rotation.
    Ship means a self-propelled vessel using any mode of propulsion,
including sail and auxiliary sail.
    Simulated transfer means a transfer practiced in a course meeting
the requirements of Sec.  13.121 of this subchapter that uses
simulation supplying part of the service on transfers required for
tankerman by Sec. Sec.  13.203 or 13.303 of this subchapter.
    Staff officer means a person who holds an MMC with an officer
endorsement listed in Sec.  10.109(a)(40) through (a)(47) of this part.
    Standard of competence means the level of proficiency to be
achieved for the proper performance of duties onboard vessels according
to national and international criteria.
    Steward's department means the department that includes
entertainment personnel and all service personnel, including wait
staff, housekeeping staff, and galley workers, as defined in the vessel
security plan approved by the Secretary under 46 U.S.C. 70103(c). These
personnel may also be referred to as members of the hotel department on
a large passenger vessel.
    STCW means the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended
(incorporated by reference, see Sec.  10.103 of this subpart).
    STCW Code means the Seafarer's Training, Certification and
Watchkeeping Code (incorporated by reference, see Sec.  10.103 of this
subpart).
    STCW endorsement means an annotation on an MMC that allows a
mariner to serve in those capacities under Sec.  10.109(d) of this
subpart. The STCW endorsement serves as evidence that a mariner has met
the requirements of the STCW Convention.
    Support level means the level of responsibility associated with
serving as able seafarer deck or engine, rating forming part of the
navigational or engineering watch or as electro-technical rating.
    Tank barge means a non-self-propelled tank vessel.
    Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue, and that:
    (1) Is a vessel of the United States;
    (2) Operates on the navigable waters of the United States; or
    (3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
    Tankerman assistant means a person holding a valid ``Tankerman-
Assistant'' endorsement on his or her MMC.
    Tankerman engineer means a person holding a valid ``Tankerman-
Engineer'' endorsement on his or her MMC.
    Tankerman PIC means a person holding a valid ``Tankerman-PIC''
endorsement on his or her MMC.
    Tankerman PIC (Barge) means a person holding a valid ``Tankerman-
PIC (Barge)'' endorsement on his or her MMC.
    Tankship means any self-propelled tank vessel constructed or
adapted primarily to carry oil or hazardous material in bulk as cargo
or as cargo residue.
    Training program means a combination of training, practical
assessment, and service which provides an individual with all or part
of the necessary knowledge, understanding, and proficiency required for
a specific qualification.
    Transfer means any movement of fuel, dangerous liquid, or liquefied
gas as cargo in bulk or as cargo residue to or from a vessel by means
of pumping, gravitation, or displacement.
    Transportation Worker Identification Credential or TWIC means an
identification credential issued by the Transportation Security
Administration under 49 CFR part 1572.
    Underway means that a vessel is not at anchor, made fast to the
shore, or aground. When referring to a mobile offshore drilling unit
(MODU), underway means that the MODU is not in an on-location or laid-
up status and includes that period of time when the MODU is deploying
or recovering its mooring system.
    Undocumented vessel means a vessel not required to have a
certificate of documentation issued under the laws of the United
States.
    Utility towing means:
    (1) Towing a barge with equipment performing marine construction,
repair, and other types of marine utility services; or
    (2) Assisting yachts and recreational boats with limited
maneuverability to dock, undock, moor, or unmoor.
    Vessel personnel with security duties means a person, excluding the
designated security officer (e.g., Company Security Officer (CSO) and
Vessel Security Officer (VSO)), holding a license or MMC officer
endorsement, and/or an STCW endorsement; and persons in charge for the
loading and unloading of cargo, passengers, and vessel stores.
    Vessel Security Officer or VSO means a person onboard the vessel
accountable to the Master, designated by the Company as responsible for
security of the vessel, including implementation and maintenance of the
Vessel's Security Plan, and for liaison with the Facility Security
Officer and the vessel's Company Security Officer.
    Western rivers means:
    (1) The Mississippi River;
    (2) The Mississippi River's tributaries, South Pass, and Southwest
Pass, to the navigational demarcation lines dividing the high seas from
harbors, rivers, and other inland waters of the United States;
    (3) The Port Allen-Morgan City Alternate Route;
    (4) That part of the Atchafalaya River above its junction with the
Port Allen-Morgan City Alternate Route, including the Old River and the
Red River; and
    (5) Those waters specified in 33 CFR 89.25.
    Year means 360 days for the purpose of complying with the service
requirements of this subchapter.
    7. Revise Sec.  10.109 to read as follows:

Sec.  10.109  Classification of endorsements.

    (a) Domestic officer endorsements. The following domestic officer
endorsements are established in part 11 of this subchapter. The
endorsements indicate that an individual holding a valid MMC with this
endorsement is qualified to serve in that capacity and the endorsement
has been issued under the requirements contained in part 11 of this
subchapter:
    (1) Master;
    (2) Chief mate;
    (3) Second mate;
    (4) Third mate;
    (5) Mate;
    (6) Master of towing vessels;
    (7) Master of towing vessels, limited;
    (8) Master of towing vessels, utility;
    (9) Mate (pilot) of towing vessels;
    (10) Apprentice mate (Steersman);
    (11) Apprentice mate (Steersman), limited;

    (12) Apprentice mate (Steersman), utility;
    (13) Master of towing vessels (Harbor Assist);
    (14) Assistance towing;
    (15) Offshore installation manager (OIM);
    (16) Barge supervisor (BS);
    (17) Ballast control operator (BCO);
    (18) Operator of uninspected passenger vessels (OUPV);
    (19) Master of uninspected fishing industry vessels;
    (20) Mate of uninspected fishing industry vessels;
    (21) Master of offshore supply vessels;
    (22) Chief mate of offshore supply vessels;
    (23) Mate of offshore supply vessels;
    (24) Chief engineer;
    (25) Chief engineer (limited-ocean);
    (26) Chief engineer (limited-near-coastal);
    (27) First assistant engineer;
    (28) Second assistant engineer;
    (29) Third assistant engineer;
    (30) Assistant engineer (limited);
    (31) Designated duty engineer (DDE);
    (32) Chief engineer offshore supply vessel;
    (33) Engineer offshore supply vessels;
    (34) Chief engineer MODU;
    (35) Assistant engineer MODU;
    (36) Chief engineer uninspected fishing industry vessels;
    (37) Assistant engineer uninspected fishing industry vessels;
    (38) Radio officer;
    (39) First-class pilot;
    (40) Chief purser;
    (41) Purser;
    (42) Senior assistant purser;
    (43) Junior assistant purser;
    (44) Medical doctor;
    (45) Professional nurse;
    (46) Marine physician assistant;
    (47) Hospital corpsman; and
    (48) Radar observer.
    (b) Domestic rating endorsements. The following domestic rating
endorsements are established in part 12 of this subchapter. The
endorsements indicate that an individual holding a valid MMC with this
endorsement is qualified to serve in that capacity and the endorsement
has been issued under the requirements contained in part 12 of this
subchapter:
    (1) Able seaman:
    (i) Any waters, unlimited;
    (ii) Limited;
    (iii) Special;
    (iv) Special (OSV);
    (v) Sail; and
    (vi) Fishing industry.
    (2) Ordinary seaman;
    (3) Qualified member of the engine department (QMED), including the
following specialty endorsements:
    (i) Oiler;
    (ii) Watertender/Fireman;
    (iii) Junior engineer;
    (iv) Pumpman/Machinist; and
    (v) Electrician/Refrigerating engineer.
    (4) Lifeboatman;
    (5) Lifeboatman-Limited;
    (6) Wiper;
    (7) Steward's department;
    (8) Steward's department (F.H.);
    (9) Cadet (deck or engineer);
    (10) Student observer;
    (11) Apprentice engineer; and
    (12) Apprentice mate.
    (c) The following ratings are established in part 13 of this
subchapter. The endorsements indicate that an individual holding a
valid MMC with this endorsement is qualified to serve in that capacity
and the endorsement has been issued under the requirements contained in
part 13 of this subchapter:
    (1) Tankerman-PIC;
    (2) Tankerman-PIC (Barge);
    (3) Tankerman-PIC restricted;
    (4) Tankerman-PIC (Barge) restricted;
    (5) Tankerman assistant; and
    (6) Tankerman engineer.
    (d) STCW endorsements. The following STCW endorsements are issued
according to the STCW Convention, the STCW Code, and parts 11, 12, and
13 of this subchapter. The endorsements indicate that an individual
holding a valid MMC with this endorsement is qualified to serve in that
capacity and the endorsement has been issued under the requirements
contained in parts 11, 12, or 13 of this subchapter as well as the STCW
Convention and STCW Code (incorporated by reference, see Sec.  10.103
of this subpart):
    (1) Master;
    (2) Chief mate;
    (3) Officer in charge of a navigational watch (OICNW);
    (4) Chief engineer officer;
    (5) Second engineer officer;
    (6) Officer in charge of an engineering watch in a manned
engineroom or designated duty engineer in a periodically unmanned
engineroom (OICEW);
    (7) Electro-technical officer (ETO);
    (8) Rating forming part of a navigational watch (RFPNW);
    (9) Able seafarer-deck;
    (10) Rating forming part of a watch in a manned engineroom or
designated to perform duties in a periodically unmanned engineroom
(RFPEW);
    (11) Able seafarer-engine;
    (12) Electro-technical rating;
    (13) Basic safety training (BST);
    (14) Proficiency in survival craft and rescue boats other than fast
rescue boats (PSC);
    (15) Proficiency in survival craft and rescue boats other than fast
rescue boats--limited (PSC--limited);
    (16) Proficiency in fast rescue boats;
    (17) Person in charge of medical care;
    (18) Medical first-aid provider;
    (19) GMDSS at-sea maintainer;
    (20) GMDSS operator;
    (21) Advanced oil tanker cargo operation;
    (22) Advanced chemical tanker cargo operation;
    (23) Advanced liquefied gas tanker cargo operation;
    (24) Basic oil and chemical tanker cargo operation;
    (25) Basic liquefied gas tanker cargo operation;
    (26) Vessel Security Officer;
    (27) Vessel personnel with designated security duties; and
    (28) Security awareness.

Sec.  10.201  [Amended]

    8. Amend Sec.  10.201 as follows:
    a. In paragraph (a), remove the words ``incorporated by reference
in Sec.  10.103'' and add, in their place, the words ``(incorporated by
reference, see Sec.  10.103 of this part)''; and
    b. In paragraph (c), remove the words ``National Maritime Center or
at any Regional Examination Center during usual business hours, or
through the mail'' and add, in their place, the words ``Coast Guard''.

Sec.  10.203  [Amended]

    9. In Sec.  10.203(c) and (d), after the words ``when requested by
an authorized official'', remove the words ``as identified in 33 CFR
101.515(d)''.
    10. Amend Sec.  10.205 as follows:
    a. Revise paragraph (a) to read as set down below;
    b. In paragraph (b), after the words ``All endorsements'', add the
words ``, unless otherwise noted,'';
    c. In paragraph (c), remove the word ``one'' and add, in its place,
the number ``1'' and remove the text ``Sec.  10.227(f) and add, in its
place, the text ``Sec.  10.227(h)'';
    d. In paragraph (d), after the words ``in accordance with Sec.
10.227'', add the words ``of this part'';
    e. Remove paragraph (f), and redesignate paragraphs (g) and (h) as
paragraphs (f) and (g), respectively; and
    f. Add new paragraph (h) to read as follows:

Sec.  10.205  Validity of a merchant mariner credential.

    (a) An MMC is valid for a term of 5 years from the date of
issuance. Upon the written request of the applicant, the Coast Guard
may post-date the issuance of an MMC up to 12 months from the date that
the Coast Guard accepts a complete application as defined in this part.
* * * * *

    (h) When a Document of Continuity is replaced with an MMC re-issued
in accordance with Sec.  10.227 of this part, the Document of
Continuity that has been replaced becomes invalid. In the event that
not all endorsements on a Document of Continuity are activated, a new
Document of Continuity will be issued for the remaining endorsements.

Sec.  10.207  [Amended]

    11. In Sec.  10.207, after the words ``a unique serial number'',
add the words ``, called the mariner reference number,''.
    12. Revise Sec.  10.209 to read as follows:

Sec.  10.209  General application procedures.

    (a) The applicant for an MMC, whether for an original, renewal,
duplicate, raise of grade, or a new endorsement on a previously issued
MMC, must establish that he or she satisfies all the requirements for
the MMC and endorsements sought before the Coast Guard will issue the
MMC. This section contains the general requirements for all applicants.
Additional requirements for duplicates, renewals, new endorsements, and
raises of grade appear later in this part.
    (b) The Coast Guard may refuse to process an incomplete MMC
application. The requirements for a complete application for an
original MMC are contained in Sec.  10.225 of this part, the
requirements for a renewal MMC application are contained in Sec.
10.227 of this part, the requirements for a duplicate MMC application
are contained in Sec.  10.229 of this part, and the requirements for an
application for a new endorsement or raise of grade are contained in
Sec.  10.231 of this part.
    (c) Applications are valid for 12 months from the date that the
Coast Guard approves the application.
    (d) The portions of the application that may be submitted in
person, by mail, fax, or other electronic means may include:
    (1) The application, consent for National Driver Register (NDR)
check, and notarized oath on Coast Guard-furnished forms, and the
evaluation fee required by Sec.  10.219 of this part;
    (2) The applicant's continuous discharge book, certificate of
identification, MMD, MMC, license, STCW endorsement, Certificate of
Registry (COR), or, if it has not expired, a photocopy of the
credential, including the back and all attachments;
    (3) Proof, documented on CG-719K or CG-719K/E, as appropriate,
provided by the Coast Guard, that the applicant passed the applicable
vision, hearing, medical or physical exam as required by subpart C of
this part, or an unexpired medical certificate/endorsement issued by
the Coast Guard;
    (4) If the applicant desires a credential with a radar-observer
endorsement in accordance with Sec.  11.480 of this subchapter, either
the radar-observer certificate or a certified copy;
    (5) Evidence of, or acceptable substitute for, sea service, if
required;
    (6) For an endorsement as a medical doctor or professional nurse as
required in Sec.  11.807 of this subchapter, evidence that the
applicant holds a currently valid, appropriate license as physician,
surgeon, or registered nurse, issued under the authority of a state or
territory of the United States, the Commonwealth of Puerto Rico, or the
District of Columbia. Any MMC issued will retain any limitation
associated with the medical license;
    (7) Any certificates or other supplementary materials required to
show that the mariner meets the mandatory requirements for the specific
endorsement sought, as established in parts 11, 12, or 13 of this
subchapter; and
    (8) An open-book exercise, in accordance with Sec.  10.227(e)(1) of
this part.
    (e) The following requirements must be satisfied before an original
or renewal MMC, or new endorsement or a raise of grade added to a
previously issued MMC, will be issued. These materials will be added to
the individual's record by the Coast Guard:
    (1) Determination of safety and suitability. No MMC will be issued
as an original or reissued with a new expiration date, and no new
officer endorsement will be issued if the applicant fails the criminal
record review as set forth in Sec.  10.211 of this part;
    (2) NDR review. No MMC will be issued as an original or reissued
with a new expiration date, and no new officer endorsement will be
issued if the applicant fails the NDR review as set forth in Sec.
10.213 of this part; and
    (3) Information supplied by the Transportation Security
Administration (TSA). No MMC or endorsement will be issued until the
Coast Guard receives the following information from the applicant's
TWIC application: the applicant's fingerprints, FBI number and criminal
record (if applicable), photograph, proof of citizenship, or
Nationality with proof of legal resident status (if applicable). If the
information is not available from TSA, the mariner may be required to
visit a Regional Exam Center to provide this information.
    (f) Upon determining that the applicant satisfactorily meets all
requirements for an MMC or an endorsement thereon, the Coast Guard will
issue the properly endorsed MMC to the applicant. The Coast Guard will
not issue an MMC until it has received proof that the mariner holds a
valid TWIC.
    (g) When a new MMC is issued, the mariner must return the
previously issued MMC, license, MMD, COR, or STCW endorsement to the
Coast Guard, unless the new MMC is being issued to replace a lost or
stolen credential.
    (h) No MMC will be issued if the applicant fails a chemical test
for dangerous drugs as required in Sec. Sec.  10.225(b)(5),
10.227(d)(5), and 10.231(c)(6).
    (i) Ceremonial licenses. A mariner may obtain a ceremonial license
when applying for his or her credential or Document of Continuity.
    13. Amend Sec.  10.211 as follows:
    a. In paragraph (a), after the words ``written disclosure of all'',
add the word ``prior'';
    b. In paragraph (b), after the words ``a duplicate MMC under Sec.
10.229'', add the words ``of this part'';
    c. In paragraph (c), remove the words ``Beginning April 15, 2009,
the'' and add, in their place, the word ``The''; and after the words
``This information'', remove the words ``, or the fingerprints taken by
the Coast Guard at an REC,'';
    d. In paragraph (d), remove the word ``disapproved'' and add, in
its place, the word ``denied'';
    e. In paragraph (e), remove the word ``disapproved'' and add, in
its place, the word ``denied''; and remove the word ``disapproval'' and
add, in its place, the word ``denial'';
    f. In paragraph (g), after the words ``The Coast Guard will use
table 10.211(g)'', add the words ``of this section'';
    g. Revise table 10.211(g) to read as set down below;
    h. In paragraphs (h) and (i), after the words ``table 10.211(g)''
wherever they appear, add the words ``of this section'';
    i. In paragraph (j), after the words ``If a person with a criminal
conviction submits'', remove the word ``their'' and add, in its place,
the words ``his or her''; and remove the word ``disapprove'' in the
last sentence, and add, in its place, the word ``deny''; and
    j. In paragraph (k), after the words ``If a person with a criminal
conviction submits'', remove the word ``their'' and add, in its place,
the words ``his or her'', and after the words ``in table 10.211(g)''
wherever they appear, add the words ``of this section''.

Sec.  10.211  Criminal Record Review.

* * * * *

 Table 10.211(g)--Guidelines for Evaluating Applicants for MMCs Who Have
                          Criminal Convictions
------------------------------------------------------------------------
                                             Assessment periods
            Crime \1\             --------------------------------------
                                         Minimum            Maximum
------------------------------------------------------------------------
          Assessment Periods for Officer and Rating Endorsement
------------------------------------------------------------------------
Crimes Against Persons:            ..................  .................
    Homicide (intentional).......  7 years...........  20 years.
    Homicide (unintentional).....  5 years...........  10 years.
    Assault (aggravated).........  5 years...........  10 years.
    Assault (simple).............  1 year............  5 years.
    Sexual Assault (rape, child    5 years...........  10 years.
     molestation).
    Robbery......................  5 years...........  10 years.
Other crimes against persons.\2\
Vehicular Crimes:
    Conviction involving fatality  1 year............  5 years.
    Reckless Driving.............  1 year............  2 years.
    Racing on the Highways.......  1 year............  2 years.
Other vehicular crimes \2\
Crimes Against Public Safety:
    Destruction of Property......  5 years...........  10 years.
Other crimes against public
 safety \2\
Dangerous Drug Offenses: 3 4 5
    Trafficking (sale,             5 years...........  10 years.
     distribution, transfer).
    Dangerous drugs (Use or        1 year............  10 years.
     possession).
Other dangerous drug
 convictions.\6\
Criminal Violations of
 Environmental Laws:
    Criminal violations of         1 year............  10 years.
     environmental laws involving
     improper handling of
     pollutants or hazardous
     materials.
------------------------------------------------------------------------
  Assessment Periods for Officer
        Endorsements Only
------------------------------------------------------------------------
Crimes Against Property:
    Burglary.....................  3 years...........  10 years.
    Larceny (embezzlement).......  3 years...........  5 years.
Other crimes against property.\2\
------------------------------------------------------------------------
\1\ Conviction of attempts, solicitations, aiding and abetting,
  accessory after the fact, and conspiracies to commit the criminal
  conduct listed in this table carry the same minimum and maximum
  assessment periods provided in the table.
\2\ Other crimes will be reviewed by the Coast Guard to determine the
  minimum and maximum assessment periods depending on the nature of the
  crime.
\3\ Applicable to original applications only. Any applicant who has ever
  been the user of, or addicted to the use of, a dangerous drug must
  meet the requirements of paragraph (f) of this section. Note:
  Applicants for reissue of an MMC with a new expiration date including
  a renewal or additional endorsement(s), who have been convicted of a
  dangerous drug offense while holding a license, MMC, MMD, STCW
  endorsement or COR, may have their application withheld until
  appropriate action has been completed by the Coast Guard under the
  regulations which appear in 46 CFR part 5 governing the administrative
  actions against merchant mariner credentials.
\4\ The Coast Guard may consider dangerous drug convictions more than 10
  years old only if there has been another dangerous drug conviction
  within the past 10 years.
\5\ Applicants must demonstrate rehabilitation under paragraph (l) of
  this section, including applicants with dangerous drug use convictions
  more than 10 years old.
\6\ Other dangerous drug convictions will be reviewed by the Coast Guard
  on a case by case basis to determine the appropriate assessment period
  depending on the nature of the offense.

* * * * *
    14. Revise Sec.  10.213 to read as follows:

Sec.  10.213  National Driver Register.

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

 Table 10.213(c)--Guidelines for Evaluating Applicants for MMCs Who Have
 NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\
------------------------------------------------------------------------
                                     Date of
    Number of  convictions          conviction       Assessment period
------------------------------------------------------------------------
1.............................  Less than 1 year.  1 year from date of
                                                    conviction.
1.............................  More than 1, less  Application will be
                                 than 3 years.      processed, unless
                                                    suspension, or
                                                    revocation \2\ is
                                                    still in effect.
                                                    Applicant will be
                                                    advised that
                                                    additional
                                                    conviction(s) may
                                                    jeopardize merchant
                                                    mariner credentials.
1.............................  More than 3 years  Application will be
                                 old.               processed.
2 or more.....................  Any less than 3    1 year since last
                                 years old.         conviction and at
                                                    least 3 years from
                                                    2nd most recent
                                                    conviction, unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
2 or more.....................  All more than 3    Application will be
                                 years old.         processed unless
                                                    suspension or
                                                    revocation is still
                                                    in effect.
------------------------------------------------------------------------
\1\ Any applicant who has ever been the user of, or addicted to the use
  of, a dangerous drug must meet the requirements of paragraph (f) of
  this section.
\2\ Suspension or revocation, when referred to in table 10.213, means a
  State suspension or revocation of a motor vehicle operator's license.

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

Sec.  10.214  [Amended]

    15. In Sec.  10.214, remove the words ``Until April 15, 2009, the''
and add, in their place, the word ``The''.

Sec.  10.215  [Removed]

    16. Remove Sec.  10.215
    17. Revise Sec.  10.217 to read as follows:

Sec.  10.217  Merchant mariner credential application and examination
locations.

    (a) Applicants for an MMC may apply to any of the Regional
Examination Centers (RECs) or any other location designated by the
Coast Guard. Applicants may contact the National Maritime Center at 100
Forbes Drive, Martinsburg, WV 25404, by telephone 1-888-427-5662 or
304-433-3400, or by e-mail at<EMAIL_ADDRESS>A list of locations
approved for application submittal is available through the Coast Guard
Web site at http://www.uscg.mil/nmc.
    (b) Exam Locations. (1) Coast Guard units abroad may conduct exams
for ratings at locations other than the RECs, but are not prepared to
conduct practical examinations.
    (2) The Coast Guard may designate additional exam facilities/
locations to provide services to applicants for MMCs.
    18. Revise Sec.  10.219 to read as follows:

Sec.  10.219  Fees.

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

                                              Table 10.219(a)--Fees
----------------------------------------------------------------------------------------------------------------
                                                                 And you need
                             -----------------------------------------------------------------------------------
      If you apply for        Evaluation then the fee is   Examination then the fee   Issuance then the fee is .
                                         . . .                     is . . .                       . .
----------------------------------------------------------------------------------------------------------------
MMC with officer
 endorsement:
Original:...................
    Unlimited \1\...........  $100......................  $110......................  $45
    Limited \2\.............  $100......................  $95.......................  $45
    Renewal.................  $50.......................  $45.......................  $45
    Raise of grade..........  $100......................  $45.......................  $45
    Modification or removal   $50.......................  $45.......................  $45
     of limitation or scope.
Radio officer endorsement:
    Original................  $50.......................  $45.......................  $45
    Renewal.................  $50.......................  n/a.......................  $45
Staff officer endorsements:
    Original................  $90.......................  n/a.......................  $45

    Renewal.................  $50.......................  n/a.......................  $45
MMC with rating endorsement:
    Original endorsement for  $95.......................  n/a.......................  $45
     ratings other than
     qualified ratings.
    Original endorsement for  $95.......................  $140......................  $45
     qualified rating.
    Upgrade or raise of       $95.......................  $140......................  $45
     Grade.
    Renewal endorsement for   $50.......................  n/a.......................  $45
     ratings other than
     qualified ratings.
    Renewal endorsement for   $50.......................  $45.......................  $45
     qualified rating.
    Modification or removal   $50.......................  $45.......................  $45
     of limitation or scope.
STCW endorsement:
    Original................  No fee....................  No fee....................  No fee
    Renewal.................  No fee....................  No fee....................  No fee
    Reissue, replacement,     n/a.......................  n/a.......................  $45 \3\
     and duplicate.
----------------------------------------------------------------------------------------------------------------
\1\ Unlimited means credentials authorizing service on vessels of any gross tons/unlimited tonnage or unlimited
  propulsion power.
\2\ Limited means credentials authorizing service on vessels of less than 1,600 GRT/3,000 GT.
\3\ Duplicate for MMC lost as result of marine casualty--No Fee.

    (b) Fee payment procedures. Applicants may pay:
    (1) All fees required by this section at the time the application
is submitted; or
    (2) A fee for each phase at the following times:
    (i) An evaluation fee when the application is submitted.
    (ii) An examination fee before the first examination section is
taken.
    (iii) An issuance fee before receipt of the MMC.
    (c) If the examination is administered at a place other than a
Regional Examination Center (REC), the examination fee must be paid to
the REC at least one week before the scheduled examination date.
    (d) Fee payments must be for the exact amount and made by credit
card or by electronic payment in a manner specified by the Coast Guard.
For information regarding current forms of electronic payment, go to
http://www.uscg.mil/stcw/ldcr-userfees.htm.
    (e) Unless otherwise specified in this part, when two or more
endorsements are processed on the same application, the fees will be as
follows:
    (1) Evaluation fees. If an applicant simultaneously applies for a
rating endorsement and a deck or engineer officer's endorsement, only
the evaluation fee for the officer's endorsement will be charged. If an
applicant simultaneously applies for a staff officer or radio officer
endorsement along with the deck or engineer officer endorsement, only
the evaluation fee for the deck or engineer officer's endorsement will
be charged. No evaluation fee is charged for an STCW endorsement.
    (2) Examination fees. One examination fee will be charged for each
exam or series of exams for an original, raise of grade, or renewal of
an endorsement on an MMC taken within 1 year from the date of the
application approval. An examination fee will also be charged to
process an open-book exercise used to renew an MMC. If an officer
endorsement examination under part 11 of this chapter also fulfills the
examination requirements in part 12 of this chapter for rating
endorsements, only the fee for the officer endorsement examination is
charged.
    (3) Issuance fees. Only one issuance fee will be charged for each
MMC issued, regardless of the number of endorsements placed on the
credential. There is no fee for a Document of Continuity.
    (f) The Coast Guard may assess additional charges to anyone to
recover collection and enforcement costs associated with delinquent
payments or failure to pay a fee. The Coast Guard will not provide
credentialing services to a mariner who owes money for credentialing
services previously provided.
    (g) Anyone who fails to pay a fee or charge established under this
section is liable to the United States Government for a civil penalty
of not more than $6,500 for each violation.
    (h) No-fee MMC for certain applicants. For the purpose of this
section, a no-fee MMC applicant is a person who is a volunteer, or a
part-time or full-time employee of an organization that is:
    (1) Charitable in nature;
    (2) Not for profit; and
    (3) Youth-oriented.
    (i) Determination of eligibility. (1) An organization may submit a
written request to U.S. Coast Guard National Maritime Center, 100
Forbes Drive, Martinsburg, WV 25404, in order to be considered an
eligible organization under the criteria set forth in paragraph (h)(1)
of this section. With the written request, the organization must
provide evidence of its status as a youth-oriented, not-for-profit,
charitable organization.
    (2) The following organizations are accepted by the Coast Guard as
meeting the requirements of paragraph (h)(1) of this section and need
not submit evidence of their status: Boy Scouts of America, Sea
Explorer Association, Girl Scouts of the United States of America, and
Young Men's Christian Association of the United States of America.
    (j) A letter from an organization determined eligible under
paragraph (h)(2) of this section must also accompany the person's MMC
application to the Coast Guard. The letter must state that the purpose
of the person's application is solely to further the conduct of the
organization's maritime activities. The applicant will then be eligible
under this section to obtain a no-fee MMC if other requirements for the
MMC are met.
    (k) An MMC issued to a person under this section will be endorsed
restricting its use to vessels owned or operated by the sponsoring
organization.
    (l) The holder of a no-fee MMC issued under this section may have
the restriction removed by paying the appropriate evaluation,
examination, and issuance fees that would have otherwise applied.
    19. Amend Sec.  10.221 as follows:
    a. In paragraph (a)(1), remove the word ``part'' and add, in its
place, the word ``subchapter'';
    b. In paragraph (a)(2), remove the section number ``Sec.  12.40-
11'' and add, in its place, the section number ``Sec.  12.809''; and
    c. Revise paragraph (b) to read as follows:

Sec.  10.221  Citizenship.

* * * * *
    (b) Proof of citizenship or alien status must be submitted to the
Transportation Security Administration (TSA) with the applicant's TWIC
application in accordance with 49 CFR 1572.17(a)(11). If appropriate
proof of citizenship or alien status is not submitted to TSA when
applying for a TWIC, applicants may be required to appear at an REC to
provide proof of citizenship.
* * * * *
    20. Amend Sec.  10.223 as follows:
    a. In paragraph (c)(2), remove the words ``Beginning April 15,
2009, proof'' and add, in their place, the word ``Proof'';
    b. In paragraphs (c)(3)(i), (c)(3)(ii), and (c)(3)(iii), remove the
word ``chapter'' and add, in its place, the word ``subchapter''; and
    c. Revise paragraph (c)(3)(iv) to read as set down below.

Sec.  10.223  Modification or removal of limitations or scope.

* * * * *
    (c) * * *
    (3) * * *
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11, 12, and 13 of this subchapter.
* * * * *
    21. Revise Sec.  10.225 to read as follows:

Sec.  10.225  Requirements for original merchant mariner credentials.

    (a) An applicant must apply as an original if the MMC sought is:
    (1) The first credential issued to the applicant;
    (2) The first credential issued to applicants after their previous
credential has expired and they do not hold a Document of Continuity
under Sec.  10.227(g) of this part or an equivalent unexpired
continuity endorsement on their license or MMD; or
    (3) The first credential issued to applicants after their previous
credential was revoked pursuant to Sec.  10.235 of this part.
    (b) A complete application for an original MMC must contain the
following:
    (1) A completed, signed application;
    (2) Proof that the mariner either holds a valid TWIC or has applied
for a TWIC;
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for all endorsements sought as
follows:
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this subchapter;
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this subchapter;
    (iii) The mandatory requirements for tanker rating endorsements are
contained in part 13 of this subchapter; and/or
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11, 12, and 13 of this subchapter.
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec.  16.220 of this
subchapter;
    (6) Where sea service is required, documentary evidence in
accordance with Sec.  10.232 of this part;
    (7) Proof, documented on CG-719-K or CG-719-K/E, as appropriate,
that the applicant passed all applicable vision, hearing, medical, and/
or physical exams as required by subpart C of this part or a valid
medical certificate/endorsement issued by the Coast Guard;
    (8) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended; and
    (9) The oath as required in paragraph (c) of this section.
    (c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such an oath, that he or
she will faithfully and honestly, according to his or her best skill
and judgment, without concealment or reservation, perform all the
duties required by law and obey all lawful orders of superior officers.
An oath may be administered by any Coast Guard-designated individual or
any person legally permitted to administer oaths in the jurisdiction
where the person taking the oath resides. An oath administered at a
location other than the Coast Guard must be verified in writing by the
administering official and submitted to the same Regional Examination
Center (REC) where the applicant applied for his or her MMC. This oath
remains binding for any subsequently issued MMC and endorsements added
to the MMC, unless specifically renounced in writing.
    22. Revise Sec.  10.227 to read as follows:

Sec.  10.227  Requirements for renewal.

    (a) Except as provided in paragraph (g) of this section, an
applicant for renewal of a credential must establish possession of all
of the necessary qualifications before the MMC will be renewed.
    (b) A credential may be renewed at any time during its validity and
for 1 year after expiration.
    (c) No credential will be renewed if it has been suspended without
probation or revoked as a result of action under part 5 of this chapter
or if facts that would render a renewal improper have come to the
attention of the Coast Guard.
    (d) Except as provided in paragraph (g) of this section, a complete
application for renewal must contain the following:
    (1) A completed, signed application;
    (2) Proof that the mariner holds a valid TWIC;
    (3) The appropriate fee as set forth in Sec.  10.219 of this part;
    (4) Any uncanceled MMD, MMC, license, STCW endorsement, Certificate
of Registry (COR), or Document of Continuity held by the applicant. If
one or more of these credentials are still valid at the time of
application, a photocopy--front, back, and all attachments--will
satisfy this requirement;
    (5) Evidence of having passed a chemical test for dangerous drugs
or of qualifying for an exemption from testing in Sec.  16.220 of this
subchapter;
    (6) Proof, documented on CG-719K or CG-719K/E, as appropriate, that
the applicant passed all applicable vision, hearing, medical, and/or
physical exams as required by subpart C of this part or a valid medical
certificate/endorsement issued by the Coast Guard; and
    (7) Consent to a Coast Guard check of the NDR for offenses
described in section 205(a)(3)(A) or (B) of the National Driver
Register Act of 1982, as amended.
    (e) Except as provided in paragraph (e)(8) of this section and 46
CFR 13.120, the applicant must meet the following professional
requirements for renewal:
    (1) The applicant must either--
    (i) Present evidence of at least 1 year of sea service during the
past 5 years;
    (ii) Pass a comprehensive, open-book exercise covering the general
subject matter contained in appropriate sections of subpart I of this
part;
    (iii) Complete an approved refresher training course; or
    (iv) Present evidence of employment in a position closely related
to the operation, construction, or repair of vessels (either deck or
engineer as appropriate) for at least 3 years during the past 5 years.
An applicant for a deck license or officer endorsement with this type
of employment must also demonstrate knowledge on an applicable Rules of
the Road open-book exercise.
    (2) The qualification requirements for renewal of radar observer
endorsement are in Sec.  11.480 of this subchapter.
    (3) Additional qualification requirements for renewal of an officer
endorsement as first-class pilot are contained in Sec.  11.713 of this
subchapter.

    (4) An applicant for renewal of a radio officer's endorsement must,
in addition to meeting the requirements of this section, present a copy
of a currently valid license as first- or second-class radiotelegraph
operator issued by the Federal Communications Commission.
    (5) An applicant for renewal of an endorsement as medical doctor or
professional nurse must, in addition to meeting the requirements of
this section, present evidence that he or she holds a currently valid,
appropriate license as physician, surgeon, or registered nurse issued
under the authority of a State or territory of the United States, the
Commonwealth of Puerto Rico, or the District of Columbia. Any such
renewal will retain the limitations placed upon the medical license by
the issuing body. There are no professional requirements for renewal of
an endorsement as marine physician assistant or hospital corpsman.
    (6) An applicant for renewal of an endorsement as master or mate
(pilot) of towing vessels, in addition to the other requirements in
this paragraph, must also submit satisfactory evidence of:
    (i) Having completed a practical demonstration of maneuvering and
handling a towing vessel to the satisfaction of a designated examiner;
or
    (ii) Ongoing participation in training and drills during the
validity of the license or MMC being renewed.
    (7) An applicant seeking to renew a tankerman endorsement must meet
the additional requirements listed in Sec.  13.120 of this subchapter.
    (8) There are no professional requirements for renewal for the
following endorsements:
    (i) Staff officers (all types);
    (ii) Ordinary seaman;
    (iii) Wiper;
    (iv) Steward's department;
    (v) Steward's department (F.H.);
    (vi) Cadet;
    (vii) Student observer;
    (viii) Apprentice engineer;
    (ix) Apprentice mate (issued under part 12 of this subchapter);
    (x) Person in charge of medical care;
    (xi) Medical first-aid provider;
    (xii) GMDSS at-sea maintainer; and
    (xiii) GMDSS operator.
    (f) Except as otherwise provided, each candidate for a renewal of
an STCW endorsement must meet the applicable requirements of part 11,
subpart C, and/or part 12, subpart F.
    (g) Document of Continuity. (1) Applicants for renewal of domestic
endorsements, who are unwilling or otherwise unable to meet the
requirements of paragraph (d) of this section, including but not
limited to the medical and physical standards of subpart C of this
part, suitability standards of Sec.  10.211 of this part, drug tests,
professional requirements, and TWIC, may apply for a Document of
Continuity issued by the Coast Guard. Documents of Continuity do not
expire and are issued solely to maintain an individual's eligibility
for renewal. A Document of Continuity does not entitle an individual to
serve as a merchant mariner. A holder of a Document of Continuity may
obtain a properly endorsed, valid MMC at any time by satisfying the
requirements for renewal as provided in paragraph (d) of this section.
When a valid MMC is issued to replace a previously held Document of
Continuity, the previously issued Document of Continuity becomes void.
    (2) Applications for a Document of Continuity must include:
    (i) The endorsements to be placed into continuity; and
    (ii) An application, including a signed statement from the
applicant, attesting to an awareness of the limited purpose of the
Document of Continuity, his or her inability to serve, and the
requirements to obtain an MMC.
    (3) If not all MMC endorsements are to be converted into a Document
of Continuity, a new MMC will be issued with the active endorsements.
Once the new MMC and/or Document of Continuity is issued the previous
MMC is no longer valid and must be returned to the Coast Guard.
    (4) STCW endorsements may not be placed in continuity. If an
individual continues to maintain a valid MMC while placing specific
domestic endorsements into continuity, those STCW endorsements
associated with the domestic endorsements that were placed in
continuity are no longer valid. A holder of a Document of Continuity
may obtain a properly endorsed, valid MMC, including STCW endorsements,
at any time by satisfying the requirements for renewal as provided in
paragraph (d) of this section.
    (5) No credential expired beyond the 12-month administrative grace
period in paragraph (h) of this section can be converted into a
Document of Continuity.
    (h) Administrative grace period. Except as provided herein, a
credential may not be renewed more than 12 months after it has expired.
For a credential to be re-issued by the Coast Guard more than 12 months
after its expiration, an applicant must comply with the requirements of
paragraph (i) of this section. When an applicant's credential expires
during a time of service with the Armed Forces and there is no
reasonable opportunity for renewal, including by mail, this period may
be extended. The period of military service following the date of
expiration which precluded renewal may be added to the 12-month grace
period. The 12-month grace period and any extensions do not affect the
expiration date of the credential. A license, MMD, COR, STCW
endorsement, MMC, and any endorsements thereon, are not valid for use
after the expiration date.
    (i) Re-issuance of expired credentials. (1) If an applicant applies
for re-issuance of an endorsement as deck officer, engineer officer, or
qualified rating more than 12 months after its expiration, instead of
the requirements of paragraph (e) of this section, the applicant must
demonstrate continued professional knowledge by completing a course
approved for this purpose, or by passing the complete examination for
original issue of the endorsement. The examination may be oral-assisted
if the expired credential was awarded based on the results of an oral
exam. The fees set forth in Sec.  10.219 of this part apply to these
examinations. In the case of an expired radio officer's endorsement,
the endorsement may be issued upon presentation of a valid first- or
second-class radiotelegraph operator license issued by the Federal
Communications Commission.
    (2) An endorsement for chief purser, purser, senior assistant
purser, junior assistant purser, hospital corpsman, marine physician
assistant, medical doctor, or professional nurse that has been expired
for more than 12 months must be renewed in the same way as a current
endorsement of that type. There are no additional requirements for re-
issuing endorsements for chief purser, purser, senior assistant purser,
junior assistant purser, hospital corpsman, marine physician assistant,
medical doctor, or professional nurse that have been expired for more
than 12 months.
    (3) Applicants applying for re-issuance of an endorsement as master
or mate (pilot) of towing vessels more than 12 months after expiration
of the previous endorsement must complete the practical demonstration
of maneuvering and handling a towing vessel required under (e)(6)(i) of
this section.
    (4) Applicants applying for re-issuance of an endorsement as any
tankerman rating more than 12 months after expiration of the previous
endorsement must meet the requirements in Sec.  13.117 of this
subchapter.
    23. Amend Sec.  10.229 as follows:
    a. Revise the section heading to read as set down below;

    b. Revise paragraph (a) to read as set down below;
    c. In paragraph (b), in the first sentence, after the words ``The
duplicate'', add the word ``credential'' and remove the second
sentence;
    d. In paragraph (c), after the words ``a duplicate'', add the word
``credential''; and
    e. In paragraph (d), after the words ``the appropriate fees set out
in Sec.  10.219'', add the words ``of this part''.

Sec.  10.229  Replacement of lost merchant mariner credentials.

    (a) A mariner may be issued a duplicate credential upon request,
and without examination, after submitting an application with an
affidavit describing the circumstances of the loss. The Coast Guard
will only issue the duplicate credential, MMC and/or medical
certificate/endorsement, after confirming the validity of the mariner's
credential and the validity of the mariner's TWIC.
* * * * *
    24. Revise Sec.  10.231 to read as follows:

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

    (a) This section applies to applicants who already hold a valid
credential and want to make the following transactions:
    (1) Add a new endorsement; or
    (2) Raise of grade of an existing endorsement.
    (b) New endorsements or raises of grade of existing endorsements on
an MMC under this section will not change the expiration date of the
MMC unless the applicant renews all endorsements that appear on the MMC
under Sec.  10.227 of this part.
    (c) A complete application for a new endorsement or raise of grade
must contain the following:
    (1) A completed, signed application;
    (2) Proof that the mariner holds or has applied for a valid TWIC;
    (3) All supplementary materials required to show that the mariner
meets the mandatory requirements for the new endorsements sought as
follows:
    (i) The mandatory requirements for officer endorsements are
contained in part 11 of this subchapter and paragraph (d) of this
section;
    (ii) The mandatory requirements for rating endorsements are
contained in part 12 of this subchapter;
    (iii) The mandatory requirements for tankerman rating endorsements
are contained in part 13 of this subchapter; and/or
    (iv) The mandatory requirements for STCW endorsements are contained
in parts 11, 12, and 13 of this subchapter.
    (4) The appropriate fee as set forth in Sec.  10.219 of this part;
    (5) Any uncanceled MMD, MMC, license, STCW endorsement, or COR held
by the applicant. If one or more of these credentials are still valid
at the time of application, a photocopy--front, back, and all
attachments--will satisfy this requirement;
    (6) Applicants for the following endorsements must produce evidence
of having passed a chemical test for dangerous drugs or of qualifying
for an exemption from testing in Sec.  16.220 of this subchapter:
    (i) Any officer endorsement; and
    (ii) The first endorsement as able seaman, lifeboatman,
lifeboatman-limited, qualified member of the engine department, or
tankerman.
    (7) Where sea service is required, documentary evidence in
accordance with Sec.  10.232 of this part;
    (8) Proof, documented on CG-719-K or CG-719-K/E, as appropriate,
that the applicant passed all applicable vision, hearing, medical, and/
or physical exams as required by subpart C of this part or a valid
medical certificate/endorsement issued by the Coast Guard; and
    (9) Consent to a Coast Guard check for offenses described in
section 205(a)(3)(A) or (B) of the National Driver Register Act of
1982, as amended.
    (d) Additional requirements for an applicant seeking a raise of
grade of an officer endorsement:
    (1) Sea service acquired before the issuance of an officer
endorsement is generally not accepted as any part of the service
required for a raise of grade of that endorsement. However, service
acquired before issuance of an officer endorsement will be accepted for
certain crossovers, endorsements, or increases in scope of an MMC, as
appropriate. In the limited tonnage categories for deck officers, total
accumulated service is a necessary criterion for most raises of grade;
therefore service acquired before the issuance of such officer
endorsements will be accepted.
    (2) An applicant remains eligible for a raise of grade while on
probation as a result of action under part 5 of this chapter. A raise
of grade issued to a person on probation will be subject to the same
probationary conditions imposed against his or her other credentials.
The offense for which he or she was placed on probation will be
considered on the merits of the case in determining fitness to hold the
endorsement applied for. No applicant will be examined for a raise of
grade during any period when a suspension without probation or a
revocation imposed under part 5 of this chapter is effective against
his or her credential or while an appeal from these actions is pending.
    (3) Professional examination. (i) When the Coast Guard finds an
applicant's experience and training for raise of grade is satisfactory,
and the applicant is eligible in all other respects, the Coast Guard
will authorize a professional examination.
    (ii) Oral-assisted examinations may be administered in accordance
with Sec.  11.201(j) of this subchapter.
    (iii) The general instructions for administration of examinations
and the lists of subjects for all endorsements are found in part 11,
subpart I; part 12, subpart E; and part 13, subpart A of this
subchapter.
    25. Add Sec.  10.232 to read as follows:

Sec.  10.232  Sea service.

    (a) Documenting sea service. (1) Sea service may be documented in
various forms such as certificates of discharge, pilotage service and
billing forms, and service letters or other official documents from
marine companies signed by the owner, operator, master, or chief
engineer of the vessel. The Coast Guard must be satisfied as to the
authenticity and acceptability of all evidence of experience or
training presented.
    (2) The documentary evidence produced by the applicant must contain
the following information:
    (i) Vessel name(s) and official numbers listed on the registration,
certificate, or document issued;
    (ii) Gross tonnage of the vessel;
    (iii) Propulsion power and mode of propulsion of the vessel;
    (iv) The amount and nature (e.g., chief mate, assistant engineer,
etc.) of the applicant's experience;
    (v) Applicable dates of service for each vessel, and the ports or
terminals, if applicable; and
    (vi) The routes upon which the experience was acquired.
    (3) An MMC endorsement, in certain cases, may be considered as
satisfactory evidence of any qualifying experience for obtaining other
endorsements.
    (4) For service on vessels of less than 200 GRT/500 GT, owners of
vessels may attest to their own service and provide proof of ownership.
Those who do not own a vessel must obtain letters or other evidence
from licensed personnel or the owners of the vessels listed.
    (5) If the required sea service is associated with watchkeeping
functions and the performance of duties, as required in Sec. Sec.
11.323, 11.328, 11.333, and 11.470, 11.474, and 11.482 of this
subchapter, the service must be documented as having been carried out
under the direct supervision of the appropriate person.

    (b) Service toward an oceans, near-coastal, or STCW endorsement
will be credited as follows:
    (1) Service on the Great Lakes will be credited on a day-for-day
basis.
    (2) Service on inland waters, other than Great Lakes, that are
navigable waters of the United States, may be substituted for up to 50
percent of the total required service.
    (c) Sea service as a member of the Armed Forces of the United
States and civilian service on vessels owned by the United States as
required experience. (1) Sea service as a member of the Armed Forces of
the United States will be accepted as required experience for an
original, raise of grade, renewal, or increase in scope of all
endorsements. In most cases, military sea service will have been
performed upon ocean waters; however, inland service, as may be the
case on smaller vessels, will be credited in the same manner as
conventional evaluations. The applicant must submit an official