Rule2024-24271
Electronic Submission of Mariner Course Completion Data
Primary source
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Published
November 25, 2024
Effective
January 17, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is requiring Coast Guard-approved training providers to electronically submit student course completion data to the Coast Guard within 5 business days of completion. The National Maritime Center will use this information to validate mariner course completion as part of an application for a Merchant Mariner Credential. In addition, the Coast Guard is replacing gendered titles for certain officer and rating endorsements in keeping with Coast Guard policy of using gender-neutral language whenever possible. We expect these changes to improve the Coast Guard's verification process of mariner credential applications and to appropriately conform terms that should be gender neutral.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Rules and Regulations]
[Pages 93040-93140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24271]
[[Page 93039]]
Vol. 89
Monday,
No. 227
November 25, 2024
Part II
Department of Homeland Security
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Coast Guard
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46 CFR Parts 10, 11, 12, et al.
Electronic Submission of Mariner Course Completion Data; Final Rule
Federal Register / Vol. 89 , No. 227 / Monday, November 25, 2024 /
Rules and Regulations
[[Page 93040]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 10, 11, 12, 13, 15, 16, 30, 35, and 39
[Docket No. USCG-2021-0097]
RIN 1625-AC75
Electronic Submission of Mariner Course Completion Data
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is requiring Coast Guard-approved training
providers to electronically submit student course completion data to
the Coast Guard within 5 business days of completion. The National
Maritime Center will use this information to validate mariner course
completion as part of an application for a Merchant Mariner Credential.
In addition, the Coast Guard is replacing gendered titles for certain
officer and rating endorsements in keeping with Coast Guard policy of
using gender-neutral language whenever possible. We expect these
changes to improve the Coast Guard's verification process of mariner
credential applications and to appropriately conform terms that should
be gender neutral.
DATES: This final rule is effective January 17, 2025. Reporting
requirements in 46 CFR 10.403(a)(7) need not be complied with until
November 25, 2026. The incorporation by reference of certain material
listed in the rule was approved by the Director of the Federal Register
as of July 6, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, type USCG-2021-0097
in the search box and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Brian T. Eichelberger, Office of Merchant Mariner
Credentialing, Coast Guard; telephone 202-372-1450, email
<a href="/cdn-cgi/l/email-protection#e2a0908b838cccb6cca78b818a878e808790858790a297918185cc8f8b8e"><span class="__cf_email__" data-cfemail="2765554e4649097309624e444f424b4542554042556752544440094a4e4b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of Comments and Changes
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CSV Comma-Separated values
DHS Department of Homeland Security
FR Federal Register
GS General Schedule
ICR Information collection request
IT Information technology
MMC Merchant Mariner Credential
MMLD Merchant Mariner Licensing and Documentation
MRN Mariner reference number
MTAD Mariner Training and Assessment Data
NMC National Maritime Center
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PII Personally identifiable information
PDF Portable document format
QSS Quality Standard System
RA Regulatory analysis
SME Subject matter expert
SSN Social security number
STCW International Convention on Standards of Training,
Certification, and Watchkeeping, 1978, as amended
Sec. Section
U.S.C. United States Code
II. Basis and Purpose, Background and Regulatory History
The legal basis of this rulemaking is Title 46 of the United States
Code (U.S.C.), Sections 7101(b) and 7301(b), which authorize the
Secretary of the department in which the Coast Guard is operating to
prescribe regulations relating to issuing Merchant Mariner Credentials
(MMCs) with officer and rating endorsements. The Secretary of the
Department of Homeland Security (DHS) has delegated the rulemaking
authority under 46 U.S.C. 7101(b) and 7301(b) to the Coast Guard
through 46 U.S.C. 2104 and DHS Delegation No. 00170.1, Revision No.
01.4, paragraph (II)(92)(e). Additionally, 14 U.S.C. 102(3) grants the
Coast Guard broad authority to issue and enforce regulations to promote
safety of life and property on waters subject to the jurisdiction of
the United States, which includes establishing the experience,
professional qualifications, and processes required for issuing
credentials.
The Coast Guard issues MMCs to mariners who have met the regulatory
requirements for individual endorsement(s), as described in title 46 of
the Code of Federal Regulations (CFR), parts 10, 11, 12, and 13.
Professional requirements for an MMC endorsement generally include sea
service, completion of Coast Guard-approved training, and having a met
a standard of competence through practical demonstration and completion
of a written examination. The general standards for Coast Guard-
approved courses and programs are found in 46 CFR 10.403. Coast Guard-
approved training providers are required to maintain physical or
electronic records of all students who took a course for at least 5
years after the completion of the course.
Starting November 25, 2026, this final rule will require Coast
Guard-approved training providers to submit students' course completion
data electronically to the Coast Guard within 5 business days of the
course ending. This action lessens the probability of issuing MMCs to
mariners who have not met the professional requirements for their
endorsements and improves the efficiency of the credentialing process.
In addition, this final rule replaces gendered titles for certain
officer and rating endorsements to align with the Coast Guard's policy
of using gender-neutral language whenever feasible, capitalizes the
endorsements for uniformity, removes some references to an obsolete
Coast Guard document, and makes editorial changes such as replacing
``shall'' with ``must'' and ``his or her'' with ``their''.
The Coast Guard published a notice of proposed rulemaking (NPRM) on
May 5, 2023 (88 FR 29013), explaining the MMC application process and
proposing these changes--minus the delay in implementing reporting
requirements. In response, we received three comments and subsequently
made changes to the regulatory text based on the comments.
III. Discussion of Comments and Changes
Of the three comments received by the Coast Guard, one commenter
strongly supported the rule, particularly the gender-neutral language
measures. The remaining two commenters had recommendations for the
Coast Guard to consider.
One of the commenters, hereafter ``Commenter 1'', recommended that
the submission period for Coast Guard-approved training providers to
submit students' course completion data to the Coast Guard should be 10
business days instead of the 5-day period that was included in the
proposed rule.
The Coast Guard has elected to retain the 5-day submission period.
Our reason
[[Page 93041]]
for this decision is that the majority of mariners will take a course
and then apply for an endorsement immediately after completing the
course. Requiring Coast Guard-approved training providers to submit the
data within a 5-day period ensures that the course completion data will
be uploaded to the mariner's file within the Merchant Mariner Licensing
and Documentation (MMLD) \1\ database promptly, and the application
process will not be delayed.
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\1\ <a href="https://www.dhs.gov/publication/dhsuscgpia-015-merchant-mariner-licensing-and-documentation-system">https://www.dhs.gov/publication/dhsuscgpia-015-merchant-mariner-licensing-and-documentation-system</a> (last accessed January
18, 2024).
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Commenter 1 also urged the Coast Guard to limit the data submission
requirement to students who have passed the course.
The Coast Guard agrees with this suggestion and notes that, as
proposed in the NPRM, the requirement to submit course completion data
is limited to ``each student who successfully completes an approved
course or program.''
Commenter 1 further recommended that hard-copy certificates issued
to students should be optional and allow for electronic or portable
document format (PDF) certificates. Another commenter, hereafter
``Commenter 2''. recommended that the Coast Guard no longer support the
issuance of hard-copy course completion certificates.
The Coast Guard does not require approved training providers to
issue hard copies of certificates to students who complete the course.
Coast Guard-approved training providers, however, may continue to issue
certificates as they have historically done for students who complete
the course or program. That is, Coast Guard-approved training providers
can issue the certificates to students via email, PDF, or hard copy.
Coast Guard-approved training providers should continue to issue course
completion certificates to students so they can submit them with their
application for an MMC, in order to validate the certificates with the
course completion data submitted electronically by the training
provider.
Commenter 1 recommended that the submission of the course
completion data should allow for comma-separated values (CSV) files for
easy upload, and also allow for direct system entry.
The existing Homeport system currently supports this file type. It
is a role-based environment that brings together Coast Guard personnel,
members of the maritime community, and other designated individuals,
allowing them to share information, and for records to be submitted by
either single entry via webform or by multiple entries at once using a
CSV file.
Commenter 1 recommended a 2-year phased in approach, where a 2-year
period should be given to Coast Guard-approved training providers to
implement these new requirements. The commenter also suggested that the
phase-in periods should be based on course approval or expiration
dates.
The Coast Guard agrees with this recommendation and has edited the
preamble and regulatory text consistent with this recommendation.
The Coast Guard, however, declines to adopt the recommendation that
the phase-in period should be based on course approval or expiration
dates. Although course approvals are valid for 5 years, not all courses
or programs are approved for the same 5-year calendar period. The Coast
Guard's intention is to bring all training course providers into
compliance at the same time. Coast Guard-approved training providers
will have until 2 years after the effective date of this rule to come
into compliance with the new requirements.
Commenter 1 also stated that the Coast Guard needs a faster, more
user-friendly system for uploading course completion data. The Coast
Guard agrees, and has long-term plans for developing a more secure,
agile, and user-friendly system in the future. For now, providers
comply with the requirements of this rule by submitting data through
Homeport.
Commenter 2 urged the Coast Guard to revise the Code of Federal
Regulations (CFR) to eliminate any use of gendered pronouns from the
proposed text. In addition, this commenter provided a list of sections
within parts 30, 31, 32, and 35 where ``his or her'' remains in use.
The Coast Guard agrees with the recommendation to eliminate the use
of gendered pronouns from the proposed text and has made edits
accordingly. The Coast Guard appreciates the information listing
additional instance where ``his or her'' remains in use and will
evaluate whether to amend these parts when we draft our annual
technical amendments.
Commenter 2 also suggested that Coast Guard-approved training
providers should include a mariner's social security number (SSN) on
their course completion certificate.
The Coast Guard does not accept this recommendation. Mariners
provide their SSNs as required on the Application for Merchant Mariner
Credential (Form CG-719B), and they are issued a mariner reference
number (MRN) after they apply for their original MMC. The MRN is used
by the Coast Guard to identify the mariner in all future credentialing
transactions, and all records are matched to the MRN rather than the
SSN.
Commenter 2 believes that the proposed language in 46 CFR 10.403,
paragraph (a)(7), could be revised to make it clear that Coast Guard-
approved training providers must submit the information listed in
subparagraphs (i) through (iv).
The Coast Guard agrees with the comment and has made editorial
changes to the text to make that clear.
Commenter 2 also suggested that the Coast Guard update 46 CFR
10.402(b)(8) by requiring the same information listed in 46 CFR
10.403(a)(7)(i) through (iv) be included on the sample course
completion certificates that Coast Guard-approved training providers
submit to the Coast Guard for approval of a specific course or program.
As the NPRM did not discuss changes course and proposal approval
requirements, these changes are outside the scope of this rulemaking.
IV. Discussion of the Rule
This rule amends 46 CFR 10.403 to require Coast Guard-approved
training providers to submit course completion data electronically to
the National Maritime Center (NMC) for each student who successfully
completes a Coast Guard-approved course or program. Under this rule
this data must be submitted electronically within 5 business days of
the completion of any Coast Guard-approved course or program. Coast
Guard-approved training providers will submit this data through
Homeport to comply with this requirement until the Coast Guard
announces the availability of a new method of compliance.\2\
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\2\ Homeport is the Coast Guard's enterprise internet portal for
the maritime community and can be accessed at <a href="https://homeport.uscg.mil/">https://homeport.uscg.mil/</a>.
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Mariners submitting course completion data to the Coast Guard as
part of their MMC application, and Coast Guard-approved training
providers submitting course completion data electronically to the Coast
Guard, must attest, under criminal penalty, that the records are
accurate to the best of their knowledge and that no false entries or
statements were made. See 18 U.S.C. 1001. The NMC will use this
information to confirm that the applicant has completed the training
required for the requested MMC endorsement. Requiring all Coast Guard-
approved training providers to submit this data electronically improves
the efficiency of the credentialing process and allows for the
validation of course
[[Page 93042]]
completion data ensuring the mariner meets the requirements for
issuance of an endorsement. Under the process utilized prior to
implementation of this rule, when a mariner submits an application, NMC
personnel evaluate what is submitted and input the information into the
mariner's training record within the MMLD database. If the course has
not been electronically submitted by the training provider, then the
evaluator has to enter the course completion information into the MMLD
database manually. Under the process as implemented by this rule, NMC
evaluators can use the data submitted electronically by training
providers to verify quickly that the information submitted by the
training provider is identical to the information submitted by the
mariner with their application.
Providing 5 business days to submit course completion data ensures
that a mariner's application will not be delayed due to the NMC waiting
for training providers to submit the course completion data. By
reducing delays in issuing an MMC, this final rule can help avoid loss
of employment for a mariner, which supports NMC's mission to issue
credentials to fully qualified mariners in the most effective and
efficient manner possible.
Although the Coast Guard will electronically receive course
completion data under this final rule, Coast Guard-approved training
providers should continue to issue course completion certificates to
their students, as mariners will still be responsible for including
their course completion certificates as supporting documentation with
their MMC application package (46 CFR 10.209(d)). This allows Coast
Guard evaluators to validate the information submitted by the mariner
with their MMC application against information submitted electronically
by the training provider.
Under this final rule, training providers are required to submit
the name of the training provider, the training provider's Coast Guard-
issued provider code, the title of the Coast Guard-approved course or
program, the Coast Guard-issued course code, the dates the training
provider held the course, and the name of the approved instructor. This
information allows the Coast Guard to validate that the course is one
that has been approved by the Coast Guard and conducted by an approved
instructor, and to verify the dates the course was held. The electronic
submission also requires the student's full name as it appears on their
MMC or other valid Government-issued identification, and their Coast
Guard-issued MRN, or their date of birth and place of birth if they do
not have an MRN.
The Coast Guard is currently in the process of developing a
replacement for the MMLD database with a more secure, agile, and user-
friendly system that provides better service to the maritime industry.
Since the new system has yet to be developed, the best way for training
providers to comply with the requirements is to electronically submit
course completion data through Homeport. The Coast Guard realizes that
Homeport does not have all the data fields listed that are required for
this rule. Until Homeport or other means of electronic submission is
updated, training providers will need to input only data currently
required in Homeport for submittal of course completion. Some of the
data required by this rule to be submitted electronically, including
course instructor name and date of birth (if a mariner currently does
not have a reference number) cannot currently be inputted into
Homeport. In the event a new system is developed and becomes fully
operational, it will be announced through publication of a Federal
Register notice.
The Coast Guard understands that immediate compliance upon
publication of the final rule may not be feasible for many training
providers submitting mariner course completion data. For that reason,
we have amended 46 CFR 10.403 from what we proposed in the NPRM so that
the requirements in paragraph (a)(7) need not be met until November 25,
2026. This gives training providers 2 years from this rule's effective
date to come into compliance with the new requirements. To be prepared
for enforcement, training providers should request accounts for
Homeport at least 90 days prior to the enforcement date of this rule.
Guidance for requesting accounts to Homeport can be found on the NMC's
website at <a href="http://www.dco.uscg.mil/Portals/9/NMC/pdfs/training/how_to_obtain_a_homeport_account.pdf">www.dco.uscg.mil/Portals/9/NMC/pdfs/training/how_to_obtain_a_homeport_account.pdf</a>?.
This rule also amends 46 CFR parts 10, 11, 12, 13, 15, 16, 30, 35,
and 39 to ensure the titles of certain officer and rating endorsements
are gender neutral. In this initiative, the Coast Guard is amending the
following endorsement titles as described in table 1:
Table 1--Nomenclature Changes to 46 CFR Parts 10, 11 12, 13, 15, 16, 30,
35, and 39
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Prior to this rule As amended by this rule
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Apprentice mate (steersman)............... Apprentice Mate of Towing
Vessels.
Crewman................................... Crewmember.
Fireman................................... Boiler Technician.
Hospital corpsman......................... Medical Technician.
Lifeboatman............................... Lifeboat Operator, Lifeboat
Operator-Limited.
Pumpman................................... Pump Technician.
Seaman.................................... Seafarer, Able Seafarer-
Unlimited, Able Seafarer-
Limited, Able Seafarer-
Special, Able Seafarer-
Offshore Supply Vessel,
Able Seafarer-Sail, Able
Seafarer-Fishing Industry.
Tankerman................................. Tank Vessel-PIC, Tank Barge-
PIC, Restricted Tank Vessel-
PIC, Restricted Tank Barge-
PIC. Tank Vessel-Assistant,
Tank Vessel-Engineer.
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Upon the effective date of this rule, the Coast Guard will issue
endorsements using the endorsement titles as implemented by this rule.
Mariners do not have to apply to have the endorsement titles changed on
their MMCs. The endorsement titles will be updated at the next
credential transaction when an application is submitted to the Coast
Guard.
With this final rule, the Coast Guard is changing the title of the
Able Seaman endorsement to Able Seafarer. To differentiate in 46 CFR
10.231(c)(6)(ii) between the already established International
Convention on Standards of Training, Certification, and Watchkeeping,
1978, as amended (STCW) endorsements of Able Seafarer-Deck and Able
Seafarer-Engine and the Able Seafarer endorsement, the endorsement will
be referred to as national Able Seafarer.
In some provisions of 46 CFR part 12, the legacy titles of
endorsements will not be changed to the new endorsement titles.
Specifically, Sec. Sec. 12.501(b)(2) 12.607(b), 12.613(c), and
12.615(c) reference endorsements that would have been held before 2017
with the legacy name.
Finally, the Coast Guard is removing the expired grandfathering
provisions in 46 CFR 13.603(e), 13.605(e), 13.607(e), 13.609(b), and
13.611(b). These provisions provided a method for mariners who held
valid national tankerman endorsements issued before March 24, 2014, to
qualify for original STCW tanker cargo operations endorsements. Any
national tankerman endorsements issued before March 24, 2014, would
have expired as of March 23, 2019; therefore, the grandfathering
[[Page 93043]]
provisions have expired. Mariners who wish to obtain original STCW
tanker cargo endorsements must meet the requirements of the applicable
section.
In addition to these changes, the Coast Guard is making a number of
technical amendments to improve the clarity of the regulations. These
changes include capitalizing certain terminology, making additional
changes to gendered language, and edits for clarity. Because of these
changes, our regulatory text in this final rule is significantly longer
than the text in the NPRM. We have added redlines illustrating the
changes to parts 13 and 15, and subpart B of part 16 to the docket
where indicated under the ADDRESSES portion of the preamble.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13610 (Identifying and Reducing Regulatory Burdens)
promotes the goals of Executive Order 13563. Executive Order 13610 aims
to modernize the regulatory systems and to reduce unjustified
regulatory burdens and costs on the public.
The Office of Management and Budget (OMB) has not designated this
final rule a significant regulatory action under section 3(f) of
Executive Order 12866, as amended by Executive Order 14094.
Accordingly, OMB has not reviewed this rule.
The changes from the NPRM, as published in the Federal Register on
May 5, 2023, to this final rule are detailed in table 2.
Table 2--Changes From the NPRM to the Final Rule
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Resulting change in
Description NPRM Final rule regulatory analysis
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Wage data for training providers and Wages were calculated Wages are calculated Figures have been
Coast Guard personnel. for 2020. for 2022, with new updated with more
data sources for recent data from the
Federal employee wages. Bureau of Labor
Statistics (BLS) and
the OMB.
Cost savings for automatic The use of Homeport Identification of Cost savings is now
verification of mariner course allows for improved efficiency included in the rule
completion data. verification of course means that and has produced a net
completion information verification is savings to the Federal
submitted by mariners quantified. Government.
and course completion
information submitted
by training providers.
This was not included
as a cost savings.
Period of analysis................... Cost estimate was This period was updated The period of analysis
derived from the years to more recent years shifted to 2013-2022,
2010-2020. (2013-2022). using the most
recently available
data under a 10-year
window of time.
Phase-in period...................... The rule was to become After responding to The reporting
effective following public comments, the requirements in 46 CFR
publication in the rule now includes a 2- 10.403(a)(7) need not
Federal Register. year phase-in period be complied with until
during which training 2 years after the rule
providers can prepare is published in the
by establishing Federal Register. This
Homeport accounts and phase-in period is
familiarizing accounted for in the
themselves with the cost analysis.
new requirements.
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Table 3 shows the summary of the estimated impacts of this final
rule. A regulatory analysis follows.
Table 3--Summary of the Impacts of the Final Rule
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Category Summary
------------------------------------------------------------------------
Affected Population.......... Approximately 327 Coast Guard-approved
training providers.
Cost to Industry over 10 $933,588.
Years (2022 dollars, 7%
discount rate).
Cost to Government over 10 A cost savings of $142,393.
Years (2022 dollars, 7%
discount rate).
Unquantified Benefits........ The final rule will improve efficiency
and accuracy during the MMC evaluation
process by the NMC and help ensure that
mariner credentials are not issued to
mariners who have not met the required
qualifications.
------------------------------------------------------------------------
Affected Population
As discussed in Section II. Basis and Purpose, and Regulatory
History, the NMC must determine that a mariner meets the requirements
for an endorsement on their MMC prior to issuance of that endorsement.
Currently, the NMC makes this determination by reviewing course
completion certificates submitted with an MMC application. As discussed
previously, the NMC's current course completion verification process is
cumbersome and time-consuming. This final rule seeks to address this
issue by mandating that training providers electronically submit their
course completion data to the NMC, which Coast Guard personnel will
match to the mariner's MMLD profile.
[[Page 93044]]
Starting in 2010, the NMC launched a pilot program to collect
course completion records via Homeport. Table 4 provides a 10-year
historic overview of Coast Guard-approved training providers, the
annual count of training providers submitting records via Homeport, and
the number of records the NMC processed each year.
Table 4--Number of Approved Training Providers and Course Completion Records Submitted to the NMC, 2013-2022
----------------------------------------------------------------------------------------------------------------
Student course completion submissions
-----------------------------------------------
Approved Training Total
Year training providers (Homeport plus
providers using Homeport Via mariner Via Homeport mariner
applications application
submissions)
----------------------------------------------------------------------------------------------------------------
2013............................ 330 36 49,577 12,110 61,687
2014............................ 329 43 57,119 13,051 70,170
2015............................ 340 43 51,890 19,491 71,381
2016............................ 343 44 57,207 20,248 77,455
2017............................ 338 49 47,074 25,125 72,199
2018............................ 340 41 45,812 21,031 66,843
2019............................ 322 33 49,435 12,834 62,269
2020............................ 318 26 39,866 8,208 48,074
2021............................ 322 24 46,194 9,049 55,243
2022............................ 289 28 48,395 13,456 61,851
Average *....................... 327 .............. 49,257 15,460 64,717
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* Averages rounded to the nearest whole number. Averages for ``Training Providers using Homeport'' are not
calculated, as this rule will require all training providers to use Homeport.
The affected population for this final rule includes training
providers approved by the NMC who offer training courses for MMC
endorsements. From 2013 to 2022, the NMC reports that the number of
Coast Guard-approved training providers ranged from a low of 289 to a
high of 343, for an average of 327. The number of Coast Guard-approved
courses offered by training providers can vary greatly each year,
depending on demand for the course, instructor availability, and other
factors. There were 2,515 approved courses offered in 2022.
Figure 1 shows the distribution of the number of Coast Guard-
approved training providers and the number of courses they have Coast
Guard approval for in a given year. According to NMC data, there are 93
training providers that offer only 1 course and 154 training providers
(47 percent of all training providers) that offer up to 3 courses (see
figure 1). The NMC does not track how many times a training provider
offers each of their approved courses; for example, it is possible that
a training provider with only 1 Coast Guard-approved course offers that
course multiple times in a year. The analysis for this final rule
focuses on the number of course completion records submitted, rather
than the number of courses offered, in order to best account for the
frequency in course offerings.
[GRAPHIC] [TIFF OMITTED] TR25NO24.000
[[Page 93045]]
Cost to Industry
The cost to industry for this rule is comprised of two separate
components: the cost to training providers for the time spent
registering for a Homeport account, and the recurring cost to training
providers for submitting course completion records. To find the total
cost to industry, these costs are calculated individually and then
combined under a 10-year timeline.
We find the initial cost of the rule by multiplying the number of
training providers who must register for a Homeport account by the time
it takes to register the account by the hourly wages of those who will
register. According to an NMC subject matter expert (SME) familiar with
Homeport, it takes a training provider approximately 20 minutes to
establish a Homeport account. Given that Homeport accounts will be
mandatory for the entire affected population, the cost of the rule is
estimated to include all 327 training providers, even those who have
already registered a Homeport account. These training providers must
all be registered by the end of the 2-year phase-in period.
According to data from the NMC, there are currently 32 training
providers who have registered accounts in Homeport, which means an
additional 295 must be registered by the end of the 2-year phase-in
period. For this analysis, we assume that half the remaining providers
will register during the first year of the implementation period and
half will register during the second year. That is, 147 training
providers will register in the first year (along with the 32 training
providers already registered), and the remaining 148 training providers
will register in the second year.
After the training providers have all established their Homeport
accounts, we expect any new training providers will register as they
are approved by the NMC. We can anticipate these future training
providers by examining the fluctuations in training providers from 2013
to 2022. Instances in which the population of training providers
declined can be ignored (there is no cost to training providers for
leaving the field), and the anticipated yearly number of new training
providers can be found by finding the 10-year historic average for
years when the count of training providers increased. As calculated
from table 4, there have been 18 new Homeport accounts created over the
10-year period of the analysis. Rounding to the nearest whole number,
the 10-year average for new training providers is two (2) training
providers per year.
When calculating hourly wages, the Coast Guard must account not
only for the hourly wages of personnel, but also for the additional
costs the employer must pay to employ that individual, such as payroll
taxes, Social Security, and insurance. These additional costs, when
added to wages, are considered the ``total compensation'' of that job.
To find the total compensation of training providers, the Coast Guard
researched the wages and total compensation for the education industry
as a whole, as provided by the BLS, and divided the total cost of
employment by wages in order to find their ratio. This number is
considered the ``load factor'' that, when multiplied by wages, produces
the total cost of employing a training provider.
The loaded mean hourly wage rate of submitters is approximately
$51.06 for 2022, derived from an unloaded mean hourly wage rate of
$33.59 \3\ for Training and Development Specialists and a load factor
of 1.52.\4\
---------------------------------------------------------------------------
\3\ The 2022 mean hourly wage rate of $33.59 is for Training and
Development Specialists. <a href="https://www.bls.gov/oes/2022/may/oes131151.htm">https://www.bls.gov/oes/2022/may/oes131151.htm</a> (last accessed January 18, 2024).
\4\ Bureau of Labor Statistics, Employer Costs For Employee
Compensation--March 2022. ``Table 2, Employer Costs for Employee
Compensation for civilian workers by occupational and industry
group.'' <a href="https://www.bls.gov/news.release/archives/ecec_06162022.pdf">https://www.bls.gov/news.release/archives/ecec_06162022.pdf</a>
(last accessed January 18, 2024). We calculated the load factor by
dividing total compensation for education services ($57.27) by wages
and salaries for education services ($37.69). (57.27/37.69 = a load
factor of 1.52).
---------------------------------------------------------------------------
Multiplying these factors with the wages of personnel who will be
responsible for registering the account, we find that the cost to
industry for registering Homeport accounts over 10 years will be total
of $5,838, as detailed in table 5.
Table 5--The Cost to Training Providers To Establish a Homeport Account
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Number of Time to
Year training complete Hourly Total cost
providers (hours) loaded wage
----------------------------------------------------------------------------------------------------------------
1........................................................... 179 .33 $51.06 $3,047
2........................................................... 148 .33 51.06 2,519
3........................................................... 2 .33 51.06 34
4........................................................... 2 .33 51.06 34
5........................................................... 2 .33 51.06 34
6........................................................... 2 .33 51.06 34
7........................................................... 2 .33 51.06 34
8........................................................... 2 .33 51.06 34
9........................................................... 2 .33 51.06 34
10.......................................................... 2 .33 51.06 34
---------------------------------------------------
Total................................................... ........... ........... ........... 5,838
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
The other cost to industry for the rule is for training providers
to submit course completion data through Homeport. This is calculated
on a 10-year timeline. Training providers can decide between two
methods for uploading course completion data into Homeport: they can
upload with a direct entry system through a Hyper Text Markup Language
(HTML) form, or they can use a CSV file, which can upload multiple
records at once.
As discussed in table 4, the NMC provided the 10-year historical
data for the number of student course completion records that training
providers submitted. From 2013 to 2022, there were approximately 327
training providers responsible for generating an average of 64,717
course completion records per year. We found
[[Page 93046]]
the cost to training providers to submit the record electronically to
the NMC by multiplying the average annual number of course completion
records submitted by the time it takes to submit records and then by
the hourly wages of those who will submit records.
To estimate the time cost for submitting records electronically, we
surveyed training providers currently using Homeport. Under the
Paperwork Reduction Act (44 U.S.C. 3501-3520), we are limited in how
many training providers we could solicit for information. We contacted
eight providers and received four complete responses back, three of
which quantified the time required to submit data through Homeport. The
two key questions asked as part of the survey were:
<bullet> Excluding time already spent on issuance of conventional
paper course completion certificates, what is the minimum additional
amount of time you estimate it takes to enter data into Homeport for
each course?
<bullet> What is the maximum additional amount of time you estimate
it takes to enter data into Homeport for each course?
Using the survey responses, we estimate a range for the time to
submit each student course completion record to be approximately 0.0114
hours (0.68 minutes) on the lower end, and 0.0688 hours (4.13 minutes)
on the higher end, for an average of .04 hours (2.4 minutes) per
submission. We will use the average submission time for our subsequent
cost calculations.
Based on the 10-year average calculated from table 4, we estimate
that training providers will submit 64,717 course completion records
electronically annually. Multiplying the average number of annual
records by the average time to upload a record and then by the loaded
wage for a training provider (64,717 records x 0.04 hrs. x $51.06)
gives us an annual total cost to training providers of approximately
$132,178. Dividing the annual total costs by the number of training
providers gives us an annual per-training provider cost of uploading
course completion records of approximately $404 ($132,178/327).
We estimate the 10-year total costs to training providers by
combining the Homeport account creation costs and the recurring course
completion record submission costs. Table 6 presents the undiscounted
total costs of this rule as well as the 3 percent and 7 percent
discounted costs. The annualized total costs to training providers,
discounted at 3 percent and 7 percent, are estimated to be $132,829 and
$132,922, respectively.
Table 6--Total Costs to Training Providers
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Course
Homeport completion
Year account record Total cost 3% discount 7% discount
creation submission
----------------------------------------------------------------------------------------------------------------
1.............................................. $3,047 $132,178 $135,225 $131,286 $126,378
2.............................................. 2,519 132,178 134,697 126,965 117,650
3.............................................. 34 132,178 132,212 120,993 107,924
4.............................................. 34 132,178 132,212 117,469 100,864
5.............................................. 34 132,178 132,212 114,047 94,265
6.............................................. 34 132,178 132,212 110,726 88,098
7.............................................. 34 132,178 132,212 107,500 82,335
8.............................................. 34 132,178 132,212 104,369 76,949
9.............................................. 34 132,178 132,212 101,330 71,915
10............................................. 34 132,178 132,212 98,378 67,210
----------------------------------------------------------------
Totals..................................... 5,838 1,321,780 1,327,618 1,133,063 933,588
----------------------------------------------------------------
Annualized................................. ........... ........... ........... 132,829 132,922
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding
Cost to the Federal Government
The cost to the Federal Government for this final rule is comprised
of the cost for Coast Guard personnel to verify new training provider
accounts created on Homeport, the cost for Coast Guard personnel to
manually match course completion data to mariner accounts when
personally identifiable information is not available, and the cost
savings from NMC evaluators not having to manually enter mariner course
completion data directly into MMLD. The total cost to the Federal
Government is found by combining these costs and cost savings within a
10-year period.
In order for a training provider to be able to electronically
submit course completion data through Homeport, they must first
establish a user account by registering on the site. User accounts must
be verified by Coast Guard personnel at the NMC before they are ready
for use. According to an NMC SME familiar with Homeport, it takes a
General Schedule (GS)-07 civilian employee approximately 20 minutes to
verify a Homeport user account. The estimate for the number of training
providers over a 10-year period are taken from table 5.
The cost of verifying training provider accounts on Homeport is
found by multiplying the wages of Coast Guard personnel who verify new
Homeport accounts by the amount of time they spend performing that
task.
We calculated wages for civilian Federal employees by taking the
wages for a Federal employee in their locality, with their grade, at
step 5 (which is considered an average). As of January 2022 in the
national capital region, this is $27.50 per hour for GS-07
employees.\5\ To account for the total cost of the position, wages are
multiplied by a load factor, which is found by taking the total
compensation for Federal employees ($64.80) and dividing by average
wages for Federal employees ($38.30).\6\ The calculation creates a load
factor of 1.69, and, when multiplied by the hourly wage, the total
[[Page 93047]]
wages for a GS-07 employee becomes $46.48 per hour.
---------------------------------------------------------------------------
\5\ General Schedule pay scale for Federal employees. <a href="https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf">https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/DCB_h.pdf</a> (last accessed January 18, 2024).
\6\ Congressional Budget Office, Comparing the Compensation of
Federal and Private-Sector Employees, 2011 to 2015 (April 2017),
<a href="http://www.cbo.gov/publication/52637">www.cbo.gov/publication/52637</a> (last accessed January 18, 2024).
``Federal and Private-Sector Total Compensation, by Workers'
Educational Attainment'': Federal Government, All Levels of
Education. Page 16.
``Federal and Private-Sector Wages, by Workers' Educational
Attainment.'' Federal Government, All Levels of Education. Page 11.
---------------------------------------------------------------------------
The 10-year cost of Homeport account verification is $5,314, as
detailed in table 7.
Table 7--Cost to Government of Verifying Homeport User Accounts
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Time to verify
Number of new homeport Hourly GS-
Year training account--hours 07 wages Total cost
providers (20 min.)
----------------------------------------------------------------------------------------------------------------
1........................................................ 179 .33 $46.48 $2,773
2........................................................ 148 .33 46.48 2,293
3........................................................ 2 .33 46.48 31
4........................................................ 2 .33 46.48 31
5........................................................ 2 .33 46.48 31
6........................................................ 2 .33 46.48 31
7........................................................ 2 .33 46.48 31
8........................................................ 2 .33 46.48 31
9........................................................ 2 .33 46.48 31
10....................................................... 2 .33 46.48 31
------------------------------------------------------
Total................................................ ........... .............. ........... $5,314
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
The second part of the cost to Government is found by multiplying
the wages of Coast Guard personnel who will manually match the course
completion information with existing mariner records by the time they
spend performing that task. This is considered a recurring cost for the
Coast Guard and is calculated over a 10-year period.
The course completion data that the training provider submits
through Homeport is added to a database known as Mariner Training and
Assessment Data (MTAD) and is automatically matched to the mariner's
profile in the MMLD using the individual's MRN. If a mariner does not
have an MRN, the course data appears in the MMLD as an unmatched entry
because it does not match to an existing MRN. This situation prompts
manual review by personnel at NMC.
However, records may also not match due to a misspelling or other
errors in data entry. If neither an SSN nor an MRN are provided, the
certificate would remain unmatched to a mariner's record in the MMLD
until it can be matched manually. The need for manual review to match
records in the MMLD represents a cost to the Coast Guard.
For the period 2012 to 2022, 15,460 of the 64,717 course completion
records submitted required manual matching. Using these data, Coast
Guard estimates that approximately 24 percent (15,460 / 64,717) of
records must be manually matched. According to a Coast Guard SME from
the NMC, manually matching records in the MMLD requires 3 hours per
week at the GS-7 level and 0.5 hours per week at the GS-13 level, for
the current 24 percent of course completion records entered into the
MMLD. This number will be projected at an additional 76 percent to
account for the remaining Coast Guard-approved training providers who
will begin submitting course completion data to the NMC under this
rule. The projected total cost to the Coast Guard is 12.5 hours per
week at the GS-7 level:
((3/24) x 100 = 12.5 hours per week,\7\ rounded; 12.5 x 52 weeks
per year = 650 hours per year),
---------------------------------------------------------------------------
\7\ The current figure of 3 hours only accounts for 24% of the
record matching that will occur due to the rule. To find how much
time is needed, we divide the time already being used (3 hours) by
the percentage of the job that is already being completed (24) to
find the required hours as a single percentage of the total job.
Then we multiply by 100 to find the total time required for the job,
which gives us 12.5 hours per week.
---------------------------------------------------------------------------
The projected total cost to the Coast Guard is 2.1 hours per week
at the GS-13 level:
((.5/24) x 100 = 2.1 hours per week, rounded; 2.1 x 52 week per
year = 109 hours per year).
There is a total annual burden of 759 hours--650 hours for a GS-7
and 109 hours for a GS-13. Total wages for GS-07 employees are $46.48
per hour, and total wages for GS-13 are $98.04 per hour. :
(GS-07 Step 5: 27.50 x 1.69 = 46.48 per hour)
(GS-13 Step 5: 58.01 x 1.69 = 98.04 per hour)
To find the cost of the final rule to the Federal Government over a
10-year period, we first multiply the wages of personnel by the hours
they work verifying course completion data in a given year. GS-07
personnel work for 650 hours at the rate of $46.48 per hour, totaling
to $30,212. GS-13 personnel work for 109 hours at the rate of $98.04
per hour, totaling to $10,686. Combining these figures, the final rule
will cost the Federal Government $40,898 annually.
If we divide this amount by the total 759 hours of verification, we
find the weighted average wage of manually matching mariner records is
$53.88 per hour. The first 2 years are adjusted for the phase-in
period, as calculated in table 5:
(Year 1: 179/327 = .55, and 759 x 55% = 417)
(Year 2: 148/327 = .45, and 759 x 45% = 342)
The details of this cost, and the discounted cost at 3 percent and
7 percent, are provided in table 8.
[[Page 93048]]
Table 8--Estimated Costs of Matching Records to Federal Government
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Weighted
Year Total time average Total 3% discount 7% discount
(hours) wage annual
----------------------------------------------------------------------------------------------------------------
1.................................. 417 53.88 22,468 21,814 $20,998
2.................................. 342 53.88 18,427 17,369 16,095
3.................................. 759 53.88 40,895 37,425 33,382
4.................................. 759 53.88 40,895 36,335 31,199
5.................................. 759 53.88 40,895 35,276 29,158
6.................................. 759 53.88 40,895 34,249 27,250
7.................................. 759 53.88 40,895 33,251 25,467
8.................................. 759 53.88 40,895 32,283 23,801
9.................................. 759 53.88 40,895 31,343 22,244
10................................. 759 53.88 40,895 30,430 20,789
----------------------------------------------------------------------------
Total.......................... ........... ........... 368,055 309,774 250,383
----------------------------------------------------------------------------
Annualized..................... ........... ........... ........... 36,315 35,649
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
The cost for matching records in the MMLD is $368,055 over a period
of 10 years. The total cost, discounted at 7 percent, is $250,383 over
a 10-year period.
This final cost factor of the rule to the Federal Government will
be cost savings from automating the process for inputting mariner
course completion data in MMLD as part of the evaluation of an MMC
application. Course completion data submitted electronically by
training providers will be matched to the MRN in MTAD and ultimately
recorded in the mariner's training profile in MMLD, rather than
evaluators manually inputting the course completion information
directly into the MMLD.
An NMC SME estimated that electronic submission will save the Coast
Guard 1 minute per record when submitted through Homeport, resulting in
cost savings for the Federal Government. There are 64,717 records
submitted annually, resulting in a savings of 64,717 minutes per year,
or 1,079 hours. The manual entry of mariner course completion data is
completed through a pool of 32 Coast Guard evaluators at NMC, 13 of
whom are GS-07 employees and 19 of whom are GS-09. Manual entry of
mariner course completion data is divided evenly among the pool,
meaning the evaluators all spend an equal amount of time on entering
course completion data, so that GS-07 employees perform 41 percent of
the manual entry, and GS-09 employees perform 59 percent of the manual
entry. The loaded wages for these personnel are $46.48 for GS-07s and
$56.85 for GS-09s.\8\
---------------------------------------------------------------------------
\8\ See methodology outlined above for calculated loaded wages
for Federal employees.
---------------------------------------------------------------------------
The total cost savings for this rule is derived by multiplying the
amount of time saved by the wages of Coast Guard personnel who had
previously done the manual entry of mariner course completion data.
This calculation must account for different wages of the personnel
based on their GS step, and the percentage of the manual entry
performed by the individuals. The total cost savings is $56,586 per
year, or $565,860 over a 10-year period, as outlined in table 9.
Table 9--Annual Cost Savings of Electronic Submission to the Government
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Percentage
of time by
GS step
Time manually entering course manually Total cost
completion data Evaluators entering Total hours Wages savings
course
completion
data (%)
----------------------------------------------------------------------------------------------------------------
A B A * B C A * B * C
----------------------------------------------------------------------------------------------------------------
1,079 hrs............................. GS-07 41 442 46.48/hr. 20,544
GS-09 59 637 56.85/hr. 36,041
-------------------------------------------------------------------------
Total............................. ........... 1,079 ........... 56,586
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
Net Cost to the Federal Government
The net cost of this final rule to the Federal Government is found
by adding all three cost factors: the cost of verifying new Homeport
accounts, the cost of manually matching submitted records to a
mariner's profile in MMLD, and the cost savings that result from
eliminating the need to manually enter
[[Page 93049]]
mariner course completion data. These combined factors result in an
overall cost savings for the Federal Government of $192,491 over 10
years, and a total of $142,393 over 10 years when discounted at 7
percent. The results are outlined in table 10.
Table 10--Total Cost to the Federal Government
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Cost savings
from
Verifying elimination of
Year homeport Matching manual entry Total 3% Discount 7% Discount
accounts records of course
completion
data
----------------------------------------------------------------------------------------------------------------
A B C (A + B)-C ........... ...........
----------------------------------------------------------------------------------------------------------------
1.............................. $2,773 $22,468 $56,586 ($32,910) ($31,951) ($30,757)
2.............................. 2,293 18,427 56,586 (34,301) (32,332) (29,960)
3.............................. 31 40,895 56,586 (15,660) (14,331) (12,783)
4.............................. 31 40,895 56,586 (15,660) (13,914) (11,947)
5.............................. 31 40,895 56,586 (15,660) (13,508) (11,165)
6.............................. 31 40,895 56,586 (15,660) (13,115) (10,435)
7.............................. 31 40,895 56,586 (15,660) (12,733) (9,752)
8.............................. 31 40,895 56,586 (15,660) (12,362) (9,114)
9.............................. 31 40,895 56,586 (15,660) (12,002) (8,518)
10............................. 31 40,895 56,586 (15,660) (11,653) (7,961)
--------------------------------------------------------------------------------
Total...................... 5,314 368,055 565,860 (192,491) (167,901) (142,393)
--------------------------------------------------------------------------------
Annualized................. ........... ........... .............. ........... (19,683) (20,273)
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
Net Total Cost of the Final Rule
The net cost of the final rule is found by taking the cost to
training providers and subtracting the cost savings to the Federal
Government. Table 11 shows the net cost of the final rule combining the
results from table 6 and table 10.
Table 11--Net Costs of the Final Rule:
[2022 Dollars]
----------------------------------------------------------------------------------------------------------------
Cost to
Year training Cost to Total net 3% discount 7% discount
providers govt. cost
----------------------------------------------------------------------------------------------------------------
1.............................................. $135,225 ($32,910) $102,315 $99,335 $95,621
2.............................................. 134,697 (34,301) 100,396 94,633 87,690
3.............................................. 132,212 (15,660) 116,552 106,662 95,141
4.............................................. 132,212 (15,660) 116,552 103,555 88,917
5.............................................. 132,212 (15,660) 116,552 100,539 83,100
6.............................................. 132,212 (15,660) 116,552 97,610 77,664
7.............................................. 132,212 (15,660) 116,552 94,767 72,583
8.............................................. 132,212 (15,660) 116,552 92,007 67,834
9.............................................. 132,212 (15,660) 116,552 89,327 63,397
10............................................. 132,212 (15,660) 116,552 86,726 59,249
----------------------------------------------------------------
Total...................................... 1,327,618 (192,491) 1,135,127 965,161 791,196
Annualized................................. ........... ........... ........... 113,146 112,648
----------------------------------------------------------------------------------------------------------------
Note: Figures may not sum due to rounding.
The estimated total cost of the final rule over a 10-year period is
approximately $1.135 million. The annualized total cost of the final
rule, when discounted at 3 and 7 percent, is $113,146 and $112,648,
respectively.
Benefits
The benefit of the rule will be to improve efficiency and accuracy
during the evaluation of MMC applications by streamlining the process
for verifying mariner course completions and eliminating the need for
manual entry of course information in MMLD. Currently, mariner course
completion data can be verified by having Coast Guard personnel call
the training provider to confirm that the mariner's reported course
completion information matches the records of the provider, and then
reconcile any discrepancies. Under this final rule, both the mariner
and the training provider will submit their course completion data to
the Coast Guard: the mariner submits course completion data with their
application for an MMC, and the training provider submits course
completion data through Homeport. NMC evaluators then verify that the
data submitted by the mariner matches the data submitted by the
training providers. If any discrepancies are found, an investigation
may be initiated to determine the nature of the discrepancy and whether
the mariner has met the requirements to be issued the credential.
Alternatives Considered
1. No action. We rejected this alternative because the Coast Guard
has a responsibility to improve the credentialing process for training
providers and mariners, and to minimize operating costs wherever
possible. These responsibilities will be better served under this final
rule than under the current process.
2. Coast Guard-provided serial numbers for training certificates.
Under
[[Page 93050]]
this alternative, the Coast Guard would provide training providers with
a list of serial numbers to use on the course completion certificates
they issue to students. We rejected this alternative because, to
implement it, the Coast Guard would need to develop an electronic
system to track certificate serial numbers. Prior attempts at adding
new capabilities to the MMLD have been unsuccessful. Implementing this
alternative would require additional human resources to develop and
manage a secondary system to track certificate numbers and increase
application evaluation times due to the need to access multiple
databases to verify data. None of these requirements are feasible in
the immediate near term.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this final rule will have 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.
The impact of this final rule on each training provider varies by
how many Coast Guard-approved courses a training provider offers in any
given year, and how many student records a training provider submits to
the Coast Guard. Larger training providers that offer many courses, and
thus manage more student records, have a larger burden from the final
rule, but they also have larger revenues. Conversely, smaller training
providers that manage fewer student records have a smaller burden under
this final rule but may have less revenue to mitigate the burden. To
assess the potential burden on small entities, we took a random sample
of the total population of Coast Guard-approved training providers and
multiplied the cost per course by the number of courses each training
provider offered in a year.
Of the 327 training providers impacted by this final rule, we took
a random sample of 173 companies (training providers) to achieve a 95-
percent confidence interval. We found 147 of the companies in the
random sample that had known revenues or employee information. Of
these, 100 had both measures, while 47 had only known employee
information. The sample represented 59 different North American
Industry Classification System codes, including schools, professional
training centers, and specific trades reflecting the range of courses
required to qualify for an MMC and associated endorsements.
Out of the sample of 173 companies (training providers), we found
166 small entities overall that could potentially be affected by this
final rule.\9\ Among the sample of 173 companies, we found that 74 are
small entities based on a revenue size standard, and 11 are small
entities based on an employee size standard. There was insufficient
information to determine the size of 81 companies, so we assumed that
they are also small entities. Overall, we found 166 small entities that
could potentially be affected by this final rule. Table 12 presents the
number of small entities based on employee size standard, revenue size
standard, or other information.
---------------------------------------------------------------------------
\9\ The definitions for small entities were based on the July
2022 SBA Small Business Size Standards, <a href="https://www.sba.gov/sites/default/files/2022-07/Table%20of%20Size%20Standards_Effective%20July%2014%202022_Final-508.pdf">https://www.sba.gov/sites/default/files/2022-07/Table%20of%20Size%20Standards_Effective%20July%2014%202022_Final-508.pdf</a>,(accessed Jan. 18th, 2024.)
Table 12--Number of Small Entities
------------------------------------------------------------------------
Category Number
------------------------------------------------------------------------
Small entities by revenue standard...................... 74
Small entities by employee standard..................... 11
Entities assumed to be small with insufficient 81
information............................................
---------------
Total small entities................................ 166
Number of entities in sample............................ 173
------------------------------------------------------------------------
The annual impact of this final rule on each entity will be
proportional to the number of courses offered. Here, we use the number
of courses rather than the number of students, because the number of
Coast Guard-approved courses is known, but the number of students per
training provider is not. To estimate the impact, we multiply the
number of Coast Guard-approved courses offered by the estimated time
burden per course in hours, and then multiply by the loaded hourly wage
rate of the submitters.
According to an SME at the NMC, we estimate training provider class
sizes to be 20 students per course. We can estimate the per-course time
burden by multiplying the class size by the time it takes to submit a
student course completion record. Using the survey response range for
the time to submit each student's course completion record of 0.0114
hours (0.68 minutes) on the lower end, and 0.0688 hours (4.13 minutes)
on the higher end, we estimate an hourly range per course to be between
0.228 and 1.376 hours, for an average of .802 hours.
If a training provider offered two Coast Guard-approved courses,
for example, their burden would be approximately $81.90 (2 courses x
.802 hours x $51.06). For a rule to create an impact of more than 1
percent of revenues, an entity would need to have annual revenues less
than or equal to $8,190 ((2 x .802 x 51.06) x 100).
The mode of courses offered by small entities is one: most small
entities only offer one course. The mean of courses offered by small
entities is 9.22.
Table 13--Number of Courses and Cost of Rule by Small Entities
------------------------------------------------------------------------
Number of Percentage
Number of courses small of small Cost of
entities entities rule
------------------------------------------------------------------------
1................................ 49 29% $41
2................................ 17 10 82
3................................ 13 8 123
4................................ 16 10 164
5................................ 11 7 205
6................................ 3 2 246
7................................ 6 4 287
8................................ 4 2 328
9................................ 9 5 369
[[Page 93051]]
10............................... 6 4 410
11............................... 2 1 450
12............................... 5 3 491
13............................... 1 1 532
14............................... 2 1 573
16............................... 1 1 655
18............................... 2 1 737
19............................... 1 1 778
20............................... 3 2 819
>20 *............................ 16 10 1,359
------------------------------------------------------------------------
Note: Percentages may not sum to 100% due to rounding.
* Estimates for the ``over 20 courses'' category uses a mean of 32
courses, derived from a sample of ten small entities after removing
six large outliers.
Table 14 shows the number of small entities with a greater than 1
percent impact on their annual revenues as the percentage of the total
population of small entities that we found through our analysis. Of the
166 small entities for which we found revenue data from a survey
provided to a random sample of mariner training providers, over the 10-
year period of analysis, on the lower end, one small entity experienced
an impact of greater than 1 percent of its total annual revenues, and
on the higher end, five small entities experienced an impact of greater
than 1 percent of its total annual revenues. Therefore, an average of
three small entities are expected to experience an impact of greater
than 1 percent of its total annual revenues, which is not a substantial
number of small entities out of a total population of 327 training
providers that offer at least 1 course.
Table 14--Estimated Initial and Annual Impact of the Final Rule on Small
Entities
------------------------------------------------------------------------
Lower Higher Average
Category estimate estimate estimate
------------------------------------------------------------------------
Number of small entities where 1 5 3
impact is greater than 1% of
revenues........................
Percentage of small entities 0.60% 3.01% 1.8%
where impact is greater than 1%
of revenues.....................
------------------------------------------------------------------------
Table 15 shows the number of small entities affected by the final
rule as a percentage of the small entities' total annual revenues.
Table 15--Estimated Initial and Annual Percentage Revenue Impact of the
Final Rule on Small Entities
------------------------------------------------------------------------
Lower Higher Average
Category estimate estimate estimate
------------------------------------------------------------------------
Impact <1% of revenues........... 91 87 89
Impact 1 to 2% of revenues....... 0 2 1
Impact 2 to 3% of revenues....... 1 1 1
Impact 3 to 4% of revenues....... 0 1 .5
Impact greater than 4% of 0 1 .5
revenues........................
--------------------------------------
Total........................ 92 92 92
------------------------------------------------------------------------
Hence, for small entities that will receive an impact on their
revenues of 1 percent or more, we find that 1 percent of the small
entities will be impacted using the lower estimate, 5 percent of small
entities will be impacted using the higher estimate, and 3 percent of
small entities will be impacted on average (low estimate: 1 / 92 = .01,
or 1%; high estimate: 5 / 92 = .05, or 5%; average estimate: 3 / 92 =
.03, or 3%).
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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).
[[Page 93052]]
D. Collection of Information
This rule calls for a revision to a collection of information under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. 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.
The Paperwork Reduction Act of 1995 requires the Coast Guard to
consider the impact of paperwork and other information collection
burdens imposed on the public. According to the 1995 amendments to the
Paperwork Reduction Act, an agency may not collect or sponsor the
collection of information, nor may it impose an information collection
requirement, unless it displays a currently valid OMB control number.
This action contains amendments to the existing information
collection requirements previously approved under OMB Control Number
1625-0028. This information collection request (ICR) governs all the
information collected for training provider approvals, including
information required to evaluate and approve the initial course, review
of these materials by the NMC, and ongoing recordkeeping requirements
for each student taking a course. This final rule increases the hour
burden of recordkeeping for each Coast Guard-approved course but does
not increase the number of responses (number of Coast Guard-approved
courses).
The hour burden of the ICR represents the total annual burden per
Coast Guard-approved course, assuming that each Coast Guard-approved
course is offered 12 times per year with 20 students in each class. The
current hour burden is 40 hours for each Coast Guard-approved course,
or 0.1667 hours for each student record. Since the regulatory analysis
for this rule used a range for the estimated burden, we use the higher
end of the range to provide a conservative estimate of the increase in
recordkeeping burden. This rule increases the hour burden per student
record by 0.0688, from 0.1667 to 0.2355 hours. This creates a total
increase of about 16.51 hours per course, from 40.01 hours per course
(0.1667 x 20 students x 12 courses) to about 56.52 hours for each
course (0.2355 x 20 students x 12 courses).
The title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden, follow. The estimates cover the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection. The current OMB-approved number of responses is 2,757.
Title: Course Approval and Records for Merchant Mariner Training
Schools.
OMB Control Number: 1625-0028.
Summary of the Collection of Information: This ICR governs all of
the information collected for training providers, including approvals
(information required to evaluate and approve the course and any
information regarding the STCW Quality Standard System (QSS) manual)
and ongoing recordkeeping requirements.
Need for Information: Title 46 of the CFR, section 10.402,
specifies the information that must be submitted for the Coast Guard to
evaluate and approve each course. The Coast Guard is obligated under
the STCW Convention to validate the training completed by mariners and
to ensure that the approved training is monitored under a QSS.
Proposed Use of Information: Personnel from NMC review the
submitted information to ensure training courses and programs meet
minimum standards for Coast Guard approval. The recordkeeping
requirements help the Coast Guard monitor the performance of schools
with Coast Guard-approved courses.
Description of the Respondents: Training providers approved to
provide maritime courses or programs.
Number of Respondents: The OMB-approved number of respondents for
this collection of information remains at 326.
Frequency of Response: Training providers submit student records
every year based on the courses offered and the number of students
completing those courses.
Burden of Response: The total burden per response is 56.52 hours
per course, which will increase from the previously approved number of
40.01 hours per course.
Estimate of Annual Hour Burden: The final rule increases the
estimated annual burden by 51,429 hours (16.51 hours per course
multiplied by 3,115 total courses). This will increase the burden from
146,109 hours to 197,538 hours.
As required by 44 U.S.C. 3507(d), we will submit a copy of this
final rule to OMB for its review of the collection of information.
You are not required to respond to a collection of information
unless it displays a currently valid control number from OMB. OMB has
not yet completed its review of this collection. Before the Coast Guard
may enforce new collection of information requirements introduced by
this rule, OMB will need to approve the Coast Guard's request to
collect this information. We will publish a Federal Register notice
once OMB takes action on our request.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
Government. We have analyzed this final rule under Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
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. 7101 and 7301
(personnel qualifications of officers and ratings serving on board
merchant vessels) 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 Supreme
Court's decision in United States v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(2000), which found that the States are foreclosed from regulating
tanker vessels. See also Ray v. Atlantic Richfield Co., 435 U.S. 151,
157, 98 S.Ct., 988 (1978), which found that State regulation is
preempted where ``the scheme of federal regulation may be so pervasive
as to make reasonable the inference that Congress left no room for the
States to supplement it [or where] the Act of Congress may touch a
field in which the federal interest is so dominant that the federal
system will be assumed to preclude enforcement of state laws on the
same subject.'' (Citations omitted). Because this final rule involves
the credentialing of merchant mariner officers and ratings under 46
U.S.C. 7101 and 7301 respectively, it relates to personnel
qualifications for vessels subject to a pervasive scheme of Federal
regulation and is therefore foreclosed from
[[Page 93053]]
regulation by the States. Because the States may not regulate within
these categories, this final rule is consistent with the fundamental
federalism principles and preemption requirements in Executive Order
13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this rule will have implications for
federalism under Executive Order 13132, please call or email the person
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.
F. Unfunded Mandates
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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (That is,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this final rule under DHS Management Directive
023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), and have made a 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 Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. This final rule will be categorically excluded under
paragraphs L54 and L56 of Appendix A, table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. Paragraph L54 pertains to regulations that are
editorial or procedural. Paragraph L56 pertains to regulations
concerning training, qualifying, licensing, and disciplining maritime
personnel.
This final rule involves establishing a new procedure for issuing
MMCs to mariners who have met the regulatory requirements for the
individual endorsements as described in 46 CFR parts 11 and 12. Under
this new procedure, Coast Guard-approved training providers will be
required to electronically submit student course completion data to the
Coast Guard within 5 business days of a course ending. The NMC will use
this information to validate mariner course completion certificates
submitted as part of an application for an MMC.
List of Subjects
46 CFR Part 10
Incorporation by reference, Penalties, Personally identifiable
information, Reporting and recordkeeping requirements, Seafarers.
46 CFR Part 11
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seafarers.
46 CFR Part 12
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seafarers.
46 CFR Part 13
Incorporation by reference, Cargo vessels, Reporting and
recordkeeping requirements, Seafarers.
46 CFR Part 15
Incorporation by reference, Reporting and recordkeeping
requirements, Seafarers, Vessels.
46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seafarers.
46 CFR Part 35
Cargo vessels, Incorporation by reference, Marine safety,
Navigation (water), Occupational safety and health, Reporting and
recordkeeping requirements, Seafarers.
[[Page 93054]]
46 CFR Part 39
Cargo vessels, Fire prevention, Hazardous materials transportation,
Marine safety, Occupational safety and health, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 10, 11, 12, 13, 15, 16, 30, 35, and 39 as follows:
PART 10--MERCHANT MARINER CREDENTIAL
0
1. The authority citation for part 10 is revised to read as follows:
Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2104, 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C.
chapter 75; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive Order
10173; DHS Delegation No. 00170.1, Revision No. 01.4.
PART 10--[Amended]
0
2. In part 10, remove the term in the left column wherever it appears
and add in its place the term in the right column::
------------------------------------------------------------------------
Remove Add
------------------------------------------------------------------------
Certificate of registry................... Certificate of Registry.
certificate of registry................... Certificate of Registry.
merchant mariner credential............... Merchant Mariner Credential.
merchant mariner credentials.............. Merchant Mariner
Credentials.
Merchant mariner's document............... Merchant Mariner's Document.
merchant mariner's document............... Merchant Mariner's Document.
------------------------------------------------------------------------
0
3. Amend Sec. 10.101 by revising paragraph (b) to read as follows:
Sec. 10.101 Purpose.
* * * * *
(b) A means of determining that an applicant is competent to serve
under the authority of their Merchant Mariner Credential (MMC);
* * * * *
0
4. Amend Sec. 10.103 by revising paragraph (a) and the introductory
text of paragraph (b) to read as follows:
Sec. 10.103 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference material (IBR) is available for inspection at the Coast Guard
and the National Archives and Records Administration (NARA). Contact
Coast Guard at: Office of Merchant Mariner Credentialing (CG-MMC), U.S.
Coast Guard, Stop 7509, 2703 Martin Luther King Jr. Avenue SE,
Washington, DC 20593-7509; phone: 202-372-1492; website: <a href="https://www.dco.uscg.mil/nmc/merchant_mariner_credential/">https://www.dco.uscg.mil/nmc/merchant_mariner_credential/</a>. For information on
the availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#88eefaa6e1e6fbf8edebfce1e7e6c8e6e9fae9a6efe7fe"><span class="__cf_email__" data-cfemail="d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6">[email protected]</span></a>. The
material may be obtained from:
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, England; phone +44 (0)20 7735 7611; website:
<a href="http://www.imo.org">www.imo.org</a>.
* * * * *
0
5. Amend Sec. 10.107 by revising paragraph (b) to read as follows:
Sec. 10.107 Definitions in subchapter B.
* * * * *
(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:
Able Seafarer-Deck means a rating qualified in accordance with the
provisions of Regulation II/5 of the STCW Convention.
Able Seafarer-Engine means a rating qualified in accordance with
the provisions of Regulation III/5 of the STCW Convention.
Apprentice Mate of Towing Vessels means a credentialed mariner in
training to perform bridge watchkeeping duties onboard a towing vessel,
who must be under the direct supervision and in the continuous presence
of a Master or Mate (Pilot) of Towing Vessels.
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.
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 independent movement in the critical
area of fore and aft pitch.
Assistance towing means towing a disabled vessel for consideration.
Assistant Engineer, for national 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 seafarer and immediate supervisor of
deck crew who supervises the maintenance of deck gear.
Boundary line marks the dividing point between internal and
offshore waters for the purposes of several U.S. statutes and, with
exceptions, generally follows the trend of the seaward, highwater
shorelines. See part 7 of this chapter.
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 national officer endorsement and is suitable for framing, but
is not valid for use as a Merchant Mariner Credential (MMC).
Chemical tanker means a tank vessel that is certificated to carry
or carries chemicals in bulk as cargo or cargo residue. For the
purposes of qualifying for an STCW endorsement for advanced chemical
tanker cargo operations, this includes tank barges.
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
[[Page 93055]]
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.
Communicable disease means any disease capable of being transmitted
from one person to another directly, by contact with excreta or other
discharges from the body; or indirectly, via substances or inanimate
objects contaminated with excreta or other discharges from an infected
person. Pursuant to 42 U.S.C. 12113, the Department of Health and Human
Services periodically publishes in the Federal Register a list of
infectious and communicable diseases that are transmissible through the
food supply, and that list provides examples of communicable diseases
for purposes of Sec. 10.304.
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 (MMD).
(2) Merchant Mariner's License.
(3) STCW endorsement.
(4) Certificate of Registry (COR).
(5) Merchant Mariner Credential (MMC).
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 table 2 to part 153 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 Sec. 15.705 of this subchapter, 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. For
cadet service on a training ship furnished by the Maritime
Administration under 46 CFR 310.4, a day may be creditable as 1\1/2\
days of service.
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 Seafarers, Boatswains, and
Ordinary Seafarers.
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 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 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 an MMC. This person must be approved by the Coast Guard.
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/direct supervision (only when referring to
issues related to tank vessel endorsements) 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. This does not
mean a barge or any other vessel not regularly operated under its own
power.
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 voyage means a voyage from one United States port to
another United States port, without entering waters under the
jurisdiction of another country unless the United States has entered
into a treaty or an agreement with that country respecting mutual
recognition of national mariner qualifications. This includes a voyage
to nowhere that returns to the originating port.
[[Page 93056]]
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).
Electro-technical Officer or ETO means an officer qualified in
accordance with the provisions of Regulation III/6 of the STCW
Convention.
Electro-technical Rating or ETR means a rating qualified in
accordance with the provisions of Regulation III/7 of the STCW
Convention.
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 and, for
the purposes of this chapter, includes only those endorsements listed
in Sec. 10.109.
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 Seafarer, 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 and 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 MMCs
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.
High-Speed Craft Type Rating (HSC) means an endorsement for
specific duty on a particular type and model of high-speed craft
(compliant with the High-Speed Craft Code).
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.
ILO means the International Labour Organization.
IMO means the International Maritime Organization.
Increase in scope means additional authority added to an existing
credential, such as adding a new route or increasing the authorized
horsepower or tonnage.
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.
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 an MMC, MMD, License, STCW endorsement, or
Certificate of Registry that has been suspended or revoked, has
expired, has been tampered with, has not been signed, or has been
superseded in accordance with Sec. 10.205.
ISM means the International Safety Management Code.
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,
and part 15 (both of this subchapter), 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.
Lifeboat Operator means a mariner who is qualified to take charge
of, lower, and operate survival craft and related survival equipment on
a vessel.
Lifeboat Operator-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.
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).
Liquefied gas tanker means a tank vessel that is certificated to
carry or carries liquefied gases in bulk as cargo or cargo residue. For
the purposes of qualifying for an STCW endorsement for advanced
liquefied gas tanker cargo operations, this includes tank barges.
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--
(1) Serving as Master, Chief Mate, Chief Engineer Officer, or
Second Engineer Officer onboard a seagoing ship; and
(2) Ensuring that all functions within the designated area of
responsibility are properly performed.
Marine chemist means a person certificated by the National Fire
Protection Association as a marine chemist.
Master means the officer having command of a vessel.
Mate means a qualified officer in the deck department other than
the Master.
Medical Certificate means a certificate issued by the Coast Guard
under subpart C of this part 10, that serves as proof
[[Page 93057]]
that the seafarer meets the medical and physical standards for merchant
mariners.
Merchant Mariner Credential or MMC means a credential issued by the
Coast Guard under this 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.
National officer endorsement means an annotation on an MMC that
allows a mariner to serve in the capacities listed in Sec. 10.109(a).
The officer endorsement serves as the License and/or Certificate of
Registry pursuant to 46 U.S.C. subtitle II part E.
National rating endorsement means an annotation on an MMC that
allows a mariner to serve in those capacities set out in Sec.
10.109(b) and (c). The rating endorsement serves as the Merchant
Mariner's Document pursuant to 46 U.S.C. subtitle II part E.
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 United States and its possessions, except for MMCs endorsed as
Operator of Uninspected Passenger Vessel (OUPV) for which near-coastal
is limited to waters not more than 100 miles offshore from the United
States and its possessions. This also includes those near-coastal
waters identified by another Administration when the United States has
entered into a treaty or an agreement with that country respecting the
recognition of the U.S. near-coastal endorsement.
Non-resident alien, for the purposes of subchapter H of part 12,
and part 15, 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 crewmember 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 part 7 of this chapter. For the purposes of establishing sea service
credit, the waters of the Inside Passage between Puget Sound and Cape
Spencer, Alaska, and the inland waters of another country are not
considered oceans.
Officer endorsement means an annotation on an MMC that allows a
mariner to serve in the capacities listed in Sec. 10.109.
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 Sec. 1.01-5(b).
Officer in Charge of an Engineering Watch in a manned engineroom
(OICEW) or Designated Duty Engineer (DDE) in a periodically unmanned
engineroom means an engineering officer qualified at the operational
level.
Officer in Charge of a Navigational Watch (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.
Oil tanker means a tank vessel that is certificated to carry or
carries oil in bulk as cargo or cargo residue. For the purposes of
qualifying for an STCW endorsement for Advanced Oil Tanker Cargo
Operations, this includes tank barges.
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--
(1) Serving as Officer in Charge of a Navigational or Engineering
Watch, or as Designated Duty Engineer for periodically unmanned
machinery spaces, or as Radio Operator onboard a seagoing ship; and
(2) Maintaining direct control over the performance of all
functions within the designated area of responsibility in accordance
with proper procedures and under the direction of an individual serving
in the management level for that area of responsibility.
Orally assisted examination means an examination as described in
part 11, subpart I, of this subchapter administered orally 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 tank vessel endorsements 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
[[Page 93058]]
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, for STCW endorsements, whether an applicant has demonstrated
the necessary level of competence in the task for which the assessment
is being made. This person must be individually approved by the Coast
Guard.
Qualified Instructor means a person who has been trained 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 a course on
merchant marine officer or rating knowledge, understanding, or
proficiency requirements is qualified to serve as a Qualified
Instructor in their area of specialization without individual
evaluation by the Coast Guard.
Qualified rating means various categories of Able Seafarer,
Qualified Member of the Engine Department, or tank vessel endorsements
issued on MMCs.
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, such
as from Mate to Master or Second Assistant Engineer to First Assistant
Engineer.
Rating endorsement is an annotation on an MMC that allows a mariner
to serve in those capacities set out in Sec. 10.109.
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 tank vessel endorsement means a valid tank vessel
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 their 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 and security of life or property, detrimental to good
discipline, or adverse to the interests of the United States. See
Sec. Sec. 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 ship that operates beyond the boundary line
specified in part 7 of this chapter.
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 both sails and mechanical propulsion.
Senior company official means the president, vice president, vice
president for personnel, personnel director, or similarly titled or
responsible individual, or another 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 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 to meet part of the service on transfers required for tank
vessel endorsements 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)(36) through (43).
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).
STCW Code means the Seafarers' Training, Certification and
Watchkeeping Code (incorporated by reference, see Sec. 10.103).
STCW endorsement means an annotation on an MMC that allows a
mariner to serve in those capacities under Sec. 10.109(d). The STCW
endorsement serves as evidence that a
[[Page 93059]]
mariner has met the requirements of the STCW Convention.
Support level means the level of responsibility associated with
performing assigned tasks, duties, or responsibilities onboard a
seagoing ship under the direction of an individual serving in the
operational or management level.
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.
Tank Barge-PIC means a person holding a valid ``Tank Barge-PIC''
endorsement on their MMC. See part 13, subpart C, of this subchapter.
Tank Vessel-Assistant means a person holding a valid ``Tank Vessel-
Assistant'' endorsement on their MMC. See part 13, subpart D, of this
subchapter.
Tank Vessel-Engineer means a person holding a valid ``Tank Vessel-
Engineer'' endorsement on their MMC. See part 13, subpart E, of this
subchapter.
Tank Vessel-PIC means a person holding a valid ``Tank Vessel-PIC''
endorsement on their MMC. See part 13, subpart B, of this subchapter.
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.
Unlimited means an annotation on an MMC authorizing service on
vessels of any tonnage or any propulsion power.
Vessel personnel with designated security duties means a person,
excluding the designated security officer (e.g., Company Security
Officer (CSO), as defined in 33 CFR chapter I, subchapter H, and Vessel
Security Officer (VSO)), having specific security duties and
responsibilities in accordance with the ship security plan.
Vessel Security Officer (VSO) means a person onboard the vessel
accountable to the Master and 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.
0
6. Revise Sec. 10.109 to read as follows:
Sec. 10.109 Classification of endorsements.
(a) National officer endorsements. The following national 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) Mate (Pilot) of Towing Vessels.
(9) Apprentice Mate of Towing Vessels.
(10) Apprentice Mate of Towing Vessels-Limited.
(11) Assistance Towing.
(12) Offshore Installation Manager (OIM).
(13) Barge Supervisor (BS).
(14) Ballast Control Operator (BCO).
(15) Operator of Uninspected Passenger Vessels (OUPV).
(16) Master of Uninspected Fishing Industry Vessels.
(17) Mate of Uninspected Fishing Industry Vessels.
(18) Master-OSV.
(19) Chief Mate-OSV.
(20) Mate-OSV.
(21) Chief Engineer.
(22) Chief Engineer-Limited.
(23) First Assistant Engineer.
(24) Second Assistant Engineer.
(25) Third Assistant Engineer.
(26) Assistant Engineer-Limited.
(27) Designated Duty Engineer (DDE).
(28) Chief Engineer-OSV.
(29) Assistant Engineer-OSV.
(30) Chief Engineer-MODU.
(31) Assistant Engineer-MODU.
(32) Chief Engineer Uninspected Fishing Industry Vessels.
(33) Assistant Engineer Uninspected Fishing Industry Vessels.
(34) Radio Officer.
(35) First-Class Pilot.
(36) Chief Purser.
(37) Purser.
(38) Senior Assistant Purser.
(39) Junior Assistant Purser.
(40) Medical Doctor.
(41) Professional Nurse.
(42) Marine Physician Assistant.
(43) Medical Technician.
(44) High-Speed Craft Type Rating (HSC).
(45) Radar Observer.
(b) National rating endorsements. The following national 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 Seafarer:
(i) Unlimited;
(ii) Limited;
(iii) Special;
(iv) Offshore Supply Vessel (OSV);
(v) Sail; and
(vi) Fishing Industry.
(2) Ordinary Seafarer.
(3) Qualified Member of the Engine Department (QMED), including the
following specialty endorsements:
(i) Oiler;
(ii) Boiler Technician;
(iii) Junior Engineer;
(iv) Pump Technician/Machinist; and
(v) Electrician/Refrigerating Engineer.
(4) Lifeboat Operator.
(5) Lifeboat Operator-Limited.
(6) Wiper.
(7) Steward's Department.
[[Page 93060]]
(8) Steward's Department Food Handler (F.H.)
(9) Cadet (Deck or Engine).
(10) Student Observer.
(11) Apprentice Engineer.
(12) Apprentice Mate.
(c) Tank Vessel Endorsements. The following ratings are established
in part 13 of this subchapter. The national 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) Tank Vessel-PIC.
(2) Tank Barge-PIC.
(3) Restricted Tank Vessel-PIC.
(4) Restricted Tank Barge-PIC.
(5) Tank Vessel-Assistant.
(6) Tank Vessel-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):
(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 an Engineering Watch in a manned
engineroom or designated to perform duties in a periodically unmanned
engineroom (RFPEW).
(11) Able Seafarer-Engine.
(12) Electro-technical Rating (ETR).
(13) Basic Training (BT).
(14) Advanced Firefighting.
(15) Proficiency in Survival Craft and Rescue Boats other than Fast
Rescue Boats (PSC).
(16) Proficiency in Survival Craft and Rescue Boats other than Fast
Rescue Boats-Limited (PSC-Limited).
(17) Proficiency in Fast Rescue Boats.
(18) Person in Charge of Medical Care.
(19) Medical First-aid Provider.
(20) GMDSS At-sea Maintainer.
(21) GMDSS Operator.
(22) Advanced Oil Tanker Cargo Operation.
(23) Advanced Chemical Tanker Cargo Operation.
(24) Advanced Liquefied Gas Tanker Cargo Operation.
(25) Basic Oil and Chemical Tanker Cargo Operation.
(26) Basic Liquefied Gas Tanker Cargo Operation.
(27) Vessel Security Officer (VSO).
(28) Vessel Personnel with Designated Security Duties.
(29) Security Awareness.
(30) High-Speed Craft Type Rating (HSC).
0
7. Amend Sec. 10.201 by revising the section heading and paragraph (a)
to read as follows:
Sec. 10.201 General characteristics of the Merchant Mariner
Credential.
(a) A Merchant Mariner Credential (MMC) is a credential combining
the elements of the Merchant Mariner's Document (MMD), Merchant
Mariner's License (License), and Certificate of Registry (COR)
enumerated in 46 U.S.C. subtitle II part E, as well as the STCW
endorsement issued pursuant to the STCW Convention and STCW Code
(incorporated by reference, see Sec. 10.103). MMDs, licenses, STCW
endorsements, and CORs are no longer issued as separate documents, and
all qualifications formerly entered on those separate documents appear
in the form of an endorsement(s) on an MMC.
* * * * *
0
8. Amend Sec. 10.205 by revising the section heading and paragraph (g)
to read as follows:
Sec. 10.205 Validity of a Merchant Mariner Credential.
* * * * *
(g) If a mariner chooses to renew their license, MMD, COR, or STCW
endorsement and receive their first MMC, the Coast Guard may also renew
all other credentials for which the mariner is qualified.
* * * * *
0
9. Amend Sec. 10.209 by revising paragraphs (a), (d)(2) and (6), (g),
and (i) 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 they satisfy all the requirements for the MMC
and endorsement(s) sought before the Coast Guard will issue the MMC.
This section contains the general requirements for all applicants.
Additional requirements for duplicates, renewals, new endorsements, and
raises of grade appear later in this part.
* * * * *
(d) * * *
(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;
* * * * *
(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;
* * * * *
(g) When a new MMC is issued, the mariner must return any
previously issued and unexpired 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.
* * * * *
(i) A mariner may obtain a ceremonial license when applying for
their credential or Document of Continuity.
0
10. Amend Sec. 10.221 by revising paragraph (a)(1) to read as follows:
Sec. 10.221 Citizenship.
(a)(1) MMCs with officer Endorsements. Only individuals with valid
U.S. citizenship may apply for officer endorsements, except individuals
applying for endorsements as Operator of Uninspected Passenger Vessels
(OUPV) authorizing service on undocumented vessels in accordance with
Sec. 11.201(d) of this subchapter.
* * * * *
0
11. Amend Sec. 10.223 by revising paragraphs (c)(3)(iii) and (c)(5) to
read as follows:
Sec. 10.223 Modification or removal of limitations or scope.
* * * * *
(c) * * *
(3) * * *
(iii) The mandatory requirements for tank vessel endorsements are
contained in part 13 of this subchapter.
* * * * *
(5) Any uncanceled MMD, MMC, License, STCW endorsement, or COR
[[Page 93061]]
held by the applicant. If one or more of these credentials are still
valid at the time of application, a photocopy, front and back of all
pages, and all attachments, will satisfy this requirement. If the
applicant submits a photocopy, upon the issuance of the new MMC, the
applicant must surrender the old, original credential to the Coast
Guard. If requested in writing at the time of submission, the old MMD,
MMC, License, COR, or STCW endorsement may be returned to the applicant
after cancellation.
* * * * *
0
12. Amend Sec. 10.225 by revising paragraphs (b)(3)(iii) and (c) to
read as follows:
Sec. 10.225 Requirements for original Merchant Mariner Credentials.
* * * * *
(b) * * *
(3) * * *
(iii) The mandatory requirements for tank vessel endorsements are
contained in part 13 of this subchapter.
* * * * *
(c) Oath. Every person who receives an original MMC must first take
an oath, before an official authorized to give such an oath, that they
will faithfully and honestly, according to their 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 their MMC. This oath
remains binding for any subsequently issued MMC and endorsements added
to the MMC, unless specifically renounced in writing.
0
13. Amend Sec. 10.227 by revising paragraphs (d)(4), (e), (g)(2)(ii),
and (i) to read as follows:
Sec. 10.227 Requirements for renewal.
* * * * *
(d) * * *
(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.
(e) Renewal requirements. Except as provided in paragraph (e)(8) of
this section and Sec. 13.120 of this subchapter, 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 B of this
part;
(iii) Complete an approved refresher training course;
(iv) Provide evidence of employment as a Qualified Instructor or 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; or
(v) Provide evidence of being a Qualified Instructor who has taught
a Coast Guard-approved or -accepted course relevant to the endorsement
or credential being applied for, at least twice within the past 5
years, therefore meeting the standards needed to receive a course
completion certificate for that course.
(2) The qualification requirements for renewal of Radar Observer
endorsement as contained in Sec. 11.480 of this subchapter.
(3) Additional qualification requirements for renewal of an officer
endorsement as First-Class Pilot as contained in Sec. 11.713 of this
subchapter.
(4) An applicant for renewal of a Radio Officer 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 they hold 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 Medical Technician.
(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 tank vessel 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 Seafarer.
(iii) Wiper.
(iv) Steward's Department.
(v) Steward's Department Food Handler (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.
(xiii) GMDSS Operator.
* * * * *
(g) * * *
(2) * * *
(ii) An application including a signed statement from the applicant
attesting to an awareness of the limited purpose of the Document of
Continuity, their inability to serve, and the requirements to obtain an
MMC.
* * * * *
(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 apply to these examinations.
In the case of an expired Radio Officer 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, Medical Technician,
[[Page 93062]]
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, Medical Technician,
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
tank vessel rating more than 12 months after expiration of the previous
endorsement must meet the requirements in Sec. 13.117 of this
subchapter.
0
14. Amend Sec. 10.231 by revising paragraphs (c)(3)(iii), (c)(6)(ii),
and (d)(2) to read as follows:
Sec. 10.231 Requirements for raises of grade or new endorsements.
* * * * *
(c) * * *
(3) * * *
(iii) The mandatory requirements for tank vessel endorsements are
contained in part 13 of this subchapter.
* * * * *
(6) * * *
(ii) The first endorsement as National Able Seafarer, Lifeboat
Operator, Lifeboat Operator-Limited, Qualified Member of the Engine
Department (QMED), or a tank vessel endorsement.
* * * * *
(d) * * *
(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 their other credentials. The
offense for which they were 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 their credential or
while an appeal from these actions is pending.
* * * * *
0
15. Amend Sec. 10.232 by revising paragraphs (a)(1), (a)(2)(iv) and
(vii), (a)(6), (d)(1) and (6), and (g) introductory text to read as
follows:
Sec. 10.232 Sea service.
(a) * * *
(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) * * *
(iv) The amount and nature (e.g., Chief mate, Assistant Engineer,
etc.) of the applicant's experience.
* * * * *
(vii) For those seeking to renew a Radar Observer endorsement,
whether the vessel is equipped with radar and if the mariner served in
a position that routinely uses radar for navigation and collision
avoidance purposes.
* * * * *
(6) An applicant who has been acting as a Pilot may submit a letter
from a pilot's association attesting to the applicant's sea service.
For those Pilots seeking to renew a Radar Observer endorsement, the
association's letter should indicate that the vessels piloted were
equipped with radar, and that radar was used by the Pilot for
navigation and collision avoidance purposes. Pilots not part of an
association may submit other relevant records indicating service, such
as billing forms. For a raise-of-grade, Pilots must comply with the
requirements of paragraph (a)(2) of this section.
* * * * *
(d) * * *
(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 transcript of sea service or history of
assignments as verification of the service claimed when the application
is submitted. A DD-214 is not acceptable evidence of sea service. The
applicant must also provide the Coast Guard with other necessary
information as to tonnage, routes, propulsion power, percentage of time
underway, and assigned duties upon the vessels on which he or she
served. Such service will be evaluated by the Coast Guard for a
determination of its equivalence to sea service acquired on merchant
vessels and the appropriate grade, class, and limit of endorsement for
which the applicant is eligible. Normally, 60 percent of the total time
onboard is considered equivalent underway service; however, the periods
of operation of each vessel may be evaluated separately. In order to be
eligible for a Master or Chief Engineer unlimited endorsement, the
applicant must have acquired military service in the capacity of
commanding officer or engineer officer, respectively.
* * * * *
(6) Service gained in a civilian capacity as commanding officer,
Master, Mate, engineer, or Pilot, etc., of any vessel owned and
operated by the United States, in any service in which a License or
officer endorsement as Master, Mate, engineer, or Pilot was not
required at the time of such service, will be evaluated by the Coast
Guard for a determination of equivalence.
* * * * *
(g) Closely related service. The Coast Guard may accept evidence of
employment in a position closely related to the operation,
construction, or repair of vessels (either deck or engineer as
appropriate) as meeting the sea service requirements for renewal under
Sec. 10.227(e)(1)(iv). Service as port engineer, port captain,
shipyard superintendent, Qualified Instructor, or similar related
service may be creditable for service for raise of grade of an engineer
or deck officer endorsement; however, it may not be used for obtaining
an original management-level endorsement. The service is creditable as
follows:
* * * * *
0
16. Amend Sec. 10.233 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 10.233 Obligations of the holder of a Merchant Mariner
Credential.
(a) The holder of a credential may not voluntarily part with it or
place it beyond their personal control by pledging or depositing it
with any other person, except as required by regulation or as necessary
to safeguard the credential. If the holder violates this section, the
Coast Guard may pursue suspension or revocation of the License, MMD,
COR, or MMC under the provisions of part 5 of this chapter.
(b) Whenever a mariner loses a credential, they must immediately
report the loss to the Coast Guard. The
[[Page 93063]]
report must be made in writing, giving the facts incident to its loss.
* * * * *
0
17. Amend Sec. 10.235 by revising the section heading and paragraphs
(c), (d), and (g) through (i) to read as follows:
Sec. 10.235 Suspension or revocation of Merchant Mariner Credentials.
* * * * *
(c) An applicant who has had a TWIC, credential, or endorsement
revoked, and who is applying for a subsequent MMC or endorsement, must
state in their application the date of revocation, the serial number of
the document revoked, and the type of document or endorsement revoked.
(d) A person whose credential or endorsement has been revoked or
suspended without probation may not be issued a replacement credential
or endorsement without approval of the Commandant. If a mariner has
multiple endorsements and one or more, but not all, of those
endorsements are suspended or revoked, they will be issued, without
payment of a fee, a replacement MMC reflecting those endorsements for
which the mariner remains qualified.
* * * * *
(g) An applicant for renewal or return of a credential with
endorsement as Master or Mate (Pilot) of Towing Vessels whose most
recent credential has been suspended or revoked by an administrative
law judge for incompetence must complete the practical demonstration
required under Sec. 10.227(e)(6)(i).
(h) If the Coast Guard is advised by the Transportation Security
Administration (TSA) that a mariner has either been denied a TWIC or
their TWIC has been revoked, the Coast Guard may initiate suspension
and revocation action against the mariner's MMC, License, MMD, and COR
under 46 U.S.C. 7702 and 7703. During the subsequent suspension and
revocation proceeding, the TSA decision to deny issuance of, or to
revoke, a mariner's TWIC will not be subject to review, and the
mariner's failure to hold a TWIC will be treated by the Coast Guard as
proof that the mariner is not eligible for an MMC, License, MMD or COR.
(i) A mariner who has either been denied issuance of a TWIC or
whose TWIC has been revoked for a reason, other than administrative
reasons (e.g., being lost or stolen, not functioning, or having a
misspelling) will be deemed ineligible for an MMC, License, MMD or COR.
0
18. Revise Sec. 10.239 to read as follows:
Sec. 10.239 Quick reference table for MMC requirements.
Table 1 to Sec. 10.239 provides a guide to the requirements for
officer endorsements. Provisions in the reference section are
controlling.
Note 1 to Sec. 10.239: For tank vessel endorsements, see table
1 to Sec. 13.129.
Note 2 to Sec. 10.239: All references within table 1 to this
section are within this subchapter.
[[Page 93064]]
Table 1 to Sec. 10.239--Quick Reference Table for MMC Requirements
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Recommendations Demonstration of
Endorsement category Minimum age Citizenship Medical and Experience and character Firefighting Professional exam professional Recency of service First aid and CPR
physical exam check ability
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Master, Mates................... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. part 11--subpart D N/A: Note Sec. 11.201(h).. Sec. 11.201(j); N/A............... original Sec. Sec. 11.201(i)
Note: exceptions.. 10.221(a)(1) Sec. exceptions in Sec. 11.903; 11.201(c)(2). Note: exceptions.
11.201(d). Sec. 11.201(g) Sec. 11.910. renewal Sec.
for original Note: Sec. 10.227(e).
national or STCW 11.903(b).
endorsements.
Operator of Uninspected Sec. 11.201(e).. Sec. Sec. 10.302(a).. Sec. 11.467(c); N/A: Note N/A............... Sec. Sec. N/A............... original Sec. Sec. 11.201(i):
Passenger Vessels (OUPV). Note: exceptions 10.221(a)(1). (d); (e); (f); exceptions in 11.201(j); 11.201(c)(2). Note exceptions.
here and in Sec. Sec. 11.201(d).. (g). Sec. 11.201(g) 11.903; Sec. renewal Sec.
11.201(l). for original 11.910. 10.227(e).
national or STCW
endorsements.
STCW deck officer endorsements.. Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. part 11--subpart C N/A: Note Sec. 11.303..... N/A............... Master Sec. original Sec. Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1). exceptions in Renewal: Sec. 11.305; .311; 11.201 (c)(2).
Sec. 11.201(d).. Sec. 11.201(g) 11.303(b) and (c). .315; .317. renewal Sec.
for original Chief Mate Sec. 10.227(e).
national or STCW 11.307; .313.
endorsements. OICNW Sec.
11.309; 11.319;
11.321.
Officer on a passenger ship when N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... Sec. Sec. 11.1105(c). N/A.
on an international voyage. 11.1105(a)(1);
(2).
Engineers (original)............ Sec. 11.201(e).. U.S., Sec. 10.302(a)......... part 11--subpart E N/A: Note Sec. 11.201(h).. Sec. 11.201(j); N/A............... original Sec. Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1) Sec. exceptions in 11.903; Sec. 11.201(c)(2).
11.201(d). Sec. 11.201(g) 11.950. renewal Sec.
for original Note: Sec. 10.227(e).
national or STCW 11.903(b).
endorsements.
STCW Engineering Officer Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. part 11--subpart C N/A: Note Sec. 11.303..... N/A............... Chief Sec. original Sec. Sec. 11.201(i).
endorsements. Note: exceptions.. 10.221(a)(1) Sec. exceptions in Renewal: Sec. 11.325; Sec. 11.201 (c)(2).
11.201(d). Sec. 11.201(g) 11.303(b) and (c). 11.331. renewal Sec.
for original 2nd engineer 10.227(e).
national or STCW officer; Sec.
endorsements. 11.327; Sec.
11.333.
OICEW/DDE Sec.
11.329.
National Designated Duty Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. 11.524(b)......... N/A: Note Sec. Sec. 11.903..... N/A............... original Sec. Sec. 11.201(i).
Engineer (DDE). Note: exceptions.. 10.221(a)(1). exceptions in 11.201(h)(1)(iv). 11.201(c)(2).
Sec. 11.201(d).. Sec. 11.201(g) renewal Sec.
for original 10.227(e).
national or STCW
endorsements.
Electro-technical Officer....... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Sec. N/A: Note Sec. N/A............... Sec. .................. Sec.
Note: exceptions.. 10.221(a)(1). 11.335(a)(1). exceptions in 11.335(a)(3)(ii). 11.335(a)(2), (3). 11.335(a)(3)(i).
Sec. 11.201(d).. note exception in Sec. 11.201(g) note exception in
Sec. 11.335(b) for original Sec. 11.335(b)
& Sec. 11.33 national or STCW & (c).
5(c). endorsements.
Pilot........................... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a); Sec. 11.703; N/A: Note N/A............... Sec. 11.707; Sec. 11.705..... Sec. 11.705(e), Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1) Sec. Sec. 11.709. Sec. 11.705. exceptions in Sec. 11.903; Sec. 11.713.
11.201(d). Sec. 11.201(g) Sec. 11.910.
for original
national or STCW
endorsements.
Towing Vessels.................. Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. part 11--subpart D N/A: Note Sec. Sec. 11.201(j); Sec. 11.464; original Sec. Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1) Sec. exceptions in 11.201(h)(1)(ii). Sec. 11.903; Sec. 11.465. 11.201(c)(2).
11.201(d). Sec. 11.201(g) Sec. Sec. 11.910. renewal Sec.
for original 11.201(h)(2)(ii). 10.227(e).
national or STCW Note: exceptions..
endorsements.
Offshore Supply Vessels (OSV)... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Master Sec. N/A: Note Sec. 11.201(h).. Sec. 11.201(j);. Master Sec. original Sec. Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1) Sec. 11.493. exceptions in Master Sec. 11.493. 11.201(c)(2).
11.201(d). Chief Mate Sec. Sec. 11.201(g) 11.493. Chief Mate Sec. renewal Sec.
11.495. for original Chief Mate Sec. 11.495. 10.227(e)..
Mate Sec. 11.497 national or STCW 11.495. Mate Sec. 11.497
C/E Sec. 11.553. endorsements. Mate Sec. 11.497 C/E Sec. 11.553.
Engineer Sec. C/E Sec. 11.553; Engineer..........
11.555. Sec. 11.903. Sec. 11.555.....
Eng Sec. 11.555;
Sec. 11.903.
MODU licenses................... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. OIM: Sec. 11.470 N/A: Note Sec. 11.201(h):. Sec. 11.201(j); N/A............... original Sec. Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1). B.S.: Sec. exceptions in note exceptions... Sec. 11.903; 11.201(c)(2).
Sec. 11.201(d).. 11.472. Sec. 11.201(g) Sec. 11.920. renewal Sec.
BCO: Sec. 11.474 for original 10.227(e)..
ChEng: Sec. national or STCW
11.542. endorsements.
Asst. Eng: Sec.
11.544.
[[Page 93065]]
Uninspected Fishing Industry Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Deck: Sec. N/A: Note Sec. 11.201(h).. Sec. 11.201(j); N/A............... original Sec. Sec. 11.201(i).
Vessels. Note: exceptions.. 10.221(a)(1). 11.462(c); (d);. exceptions in Note: exceptions.. Sec. 11.903; 11.201(c)(2).
Sec. 11.201(d).. Engine: Sec. Sec. 11.201(g) Sec. 11.910. renewal Sec.
11.530(c); (d); for original 10.227(e)..
(e). national or STCW
endorsements.
Radio Officer................... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. N/A............... N/A: Note N/A............... N/A............... Sec. 11.603..... N/A............... Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1). exceptions in
Sec. 11.201(d).. Sec. 11.201(g)
for original
national or STCW
endorsements.
GMDSS Operator.................. N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... 11.604............ N/A............... N/A.
Officer raises of grade......... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Sec. 10.231(c); N/A............... N/A............... Sec. 10.231(d); part 11, subparts 3 months in past 3 N/A.
Note: exceptions.. 10.221(a)(1). part 11, subparts Sec. 11.903; D and E. years, Sec.
Sec. 11.201(d).. D and E. Sec. 11.910; 11.201 (c)(2).
Sec. 11.920;
Sec. 11.950.
Officer renewals................ Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Sec. 10.227(d) N/A............... N/A............... N/A............... Towing officers, 1 year in past 5, N/A.
Note: exceptions.. 10.221(a)(1). and (e). Sec. 10.227(d) Sec. 10.227(e)
Sec. 11.201(d).. Note: exceptions.. and (e). and (f).
Note: alternative.
Staff officer................... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. Sec. 11.807..... N/A: Note N/A............... N/A............... Sec. 11.807..... N/A............... Sec. 11.201(i).
Note: exceptions.. 10.221(a)(1). exceptions in
Sec. 11.201(d).. Sec. 11.201(g)
for original
national or STCW
endorsements.
Staff officer renewals.......... Sec. 11.201(e).. U.S., Sec. Sec. 10.302(a).. N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... N/A.
Note: exceptions.. 10.221(a)(1).
Sec. 11.201(d)..
Able Seafarer................... Sec. U.S. or alien Sec. 10.302(a), Sec. 12.403..... N/A............... N/A............... Sec. Sec. Renewal only, 1 N/A.
12.401(c)(1). admitted for Sec. 12.401(c)(5). 12.401(c)(6) Sec. year in past 5,
permanent 12.401(c)(2). 12.405. Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Able Seafarer-Deck.............. Sec. U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
12.603(a)(1). admitted for 12.603(a)(3). 12.603(a)(2) Sec. year in past 5,
permanent 12.603(a)(4) Sec. 10.227(e)
residence, Sec. Sec. and (f).
10.221(a)(2). 12.603(a)(5). Note: alternative.
Ratings Forming Part of a Sec. U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
Navigational Watch (RFPNW). 12.605(a)(1). admitted for 12.605(a)(2). 12.605(a)(3). year in past 5,
permanent Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Qualified Members of Engine Sec. U.S. or alien Sec. 10.302(a).. Sec. 12.503..... N/A............... N/A............... Sec. 12.505..... N/A............... Renewal only, 1 N/A.
Department (QMED). 12.501(c)(1). admitted for year in past 5,
permanent Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Able Seafarer-Engine............ Sec. U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
12.607(a)(1). admitted for 12.607(a)(3). 12.607(a)(2); (4) year in past 5,
permanent Sec. 12.607(b); Sec. 10.227(e)
residence, Sec. (c). and (f).
10.221(a)(2). Note: alternative.
Ratings Forming Part of an Sec. U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
Engineering Watch (RFPEW). 12.609(a)(1). admitted for 12.609(a)(2). 12.609(a)(3). year in past 5,
permanent Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Electro-technical Rating........ Sec. U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
12.611(a)(1). admitted for 12.611(a)(2). 12.611(a)(3); year in past 5,
permanent Sec. 12.611(b). Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Entry level ratings............. N/A............... U.S. or alien N/A; note N/A............... N/A............... N/A............... N/A............... N/A............... N/A............... N/A.
admitted for exception in Sec.
permanent 12.811(a)(2).
residence, Sec. Note: Food Handler
10.221(a)(2). (F.H.)
Sec. 12.803; requirements in
Sec. 12.809. table Sec.
10.302(a).
(xiii) Sec.
10.302(a) (xiv).
Lifeboat Operator............... N/A............... U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... Sec. Sec. Renewal only, 1 N/A.
admitted for 12.407(b)(1). 12.407(b)(2); (4). 12.407(b)(2); (3). year in past 5,
permanent Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
Lifeboat Operator-Limited....... N/A............... U.S. or alien Sec. 10.302(a).. Sec. N/A............... N/A............... Sec. Sec. Renewal only, 1 N/A.
admitted for 12.409(b)(1). 12.409(b)(2); (4). 12.409(b)(2); (3). year in past 5,
permanent Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
[[Page 93066]]
Proficiency in Fast Rescue Boats Sec. U.S. or alien N/A............... N/A............... N/A............... N/A............... N/A............... Sec. Renewal only, 1 Sec. 12.602(a).
12.617(a)(1). admitted for 12.617(a)(2); year in past 5,
permanent (3); (4). Sec. 10.227(e)
residence, Sec. and (f).
10.221(a)(2). Note: alternative.
[…truncated; see source link]Indexed from Federal Register on November 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.