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Consolidation of Merchant Mariner Qualification Credentials

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					                                            29462                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            Office of Management and Budget for                     elsewhere in the Federal Register today.              I. Public Participation and Request for
                                            agency use in implementing OMB                          It proposes to combine the individual                 Comments
                                            Circular A–76, weighted by the pay and                  Merchant Mariner’s Document, License,                    We encourage you to participate in
                                            non-pay proportions of total funding for                Certificate of Registry, and STCW                     this rulemaking by submitting
                                            that fiscal year. If Congress enacts a                  Endorsement into a single certificate                 comments and related materials. All
                                            different Federal civilian pay raise                    termed the Merchant Mariner Credential                comments received will be posted,
                                            percentage than the percentage issued                   (MMC), which will be endorsed to                      without change, to http://dms.dot.gov
                                            by OMB for Circular A–76, the                           reflect a mariner’s qualifications. The               and will include any personal
                                            Department of Homeland Security may                     Coast Guard also proposes to streamline               information you have provided. We
                                            adjust the fees to reflect the enacted                  the application process for the MMC by                have an agreement with the Department
                                            level. The required fee shall be the                    removing the requirement that all                     of Transportation (DOT) to use the
                                            amount prescribed in paragraphs                         mariners appear at least once at one of               Docket Management Facility. Please see
                                            (a)(1)(i) and (a)(1)(ii), plus the latest               17 Regional Exam Centers (RECs).                      DOT’s ‘‘Privacy Act’’ paragraph below.
                                            inflation adjustment.                                   Instead, the information previously                      Submitting comments: If you submit a
                                               (f) Any FBI Fee amendment that                       submitted by the applicant at the REC                 comment, please include your name and
                                            increases or decreases its fees to process              would be submitted to TSA through the                 address, identify the docket number for
                                            fingerprint identification records and                  TWIC enrollment process and shared                    this rulemaking (USCG–2006–24371),
                                            name checks will apply to the FBI fees                  with the Coast Guard by TSA.                          indicate the specific section of this
                                            identified in this regulation effective on              DATES: Comments and related material                  document to which each comment
                                            the date of the FBI increase or decrease.               must reach the Docket Management                      applies, and give the reason for each
                                              Dated: May 10, 2006.                                  Facility on or before July 6, 2006. We                comment. You may submit your
                                            Thomas H. Collins,                                      will hold public meetings on                          comments and material by electronic
                                            Commandant, United States Coast Guard.                  Wednesday, May 31, 2006 in Newark,                    means, mail, fax, or delivery to the
                                            Kip Hawley,                                             NJ; Thursday, June 1 in Tampa, FL;                    Docket Management Facility at the
                                            Assistant Secretary, Transportation Security            Wednesday, June 6 in St. Louis, MO;                   address under ADDRESSES; but please
                                            Administration.                                         and Thursday, June 7 in Long Beach,                   submit your comments and material by
                                            [FR Doc. 06–4508 Filed 5–12–06; 12:25 pm]               CA.                                                   only one means. If you submit them by
                                            BILLING CODE 4910–15–P                                  ADDRESSES:    You may submit comments                 mail or delivery, submit them in an
                                                                                                    identified by USCG docket number                      unbound format, no larger than 81⁄2 by
                                                                                                    USCG–2006–24371 to the Docket                         11 inches, suitable for copying and
                                            DEPARTMENT OF HOMELAND                                  Management Facility at the U.S.                       electronic filing. If you submit them by
                                            SECURITY                                                Department of Transportation. To avoid                mail and would like the Coast Guard to
                                                                                                    duplication, please use only one of the               acknowledge receipt, please enclose a
                                            Coast Guard                                             following methods:                                    stamped, self-addressed postcard or
                                                                                                       (1) Web site: http://dms.dot.gov.                  envelope. We will consider all
                                            33 CFR Parts 1, 20, 70, 95, 101, 110,                      (2) Mail: Docket Management Facility,              comments and material received during
                                            125, 141, 155, 156, 160, 162, 163, 164,                 U.S. Department of Transportation, 400                the comment period. We may change
                                            and 165                                                 Seventh Street SW., Room PL–401,                      this proposed rule in view of them.
                                                                                                    Washington, DC 20590–0001.                               Viewing comments and documents:
                                            46 CFR Parts 1, 4, 5, 10, 11, 12, 13, 14,                  (3) Fax: 202–493–2251.                             To view comments, as well as
                                            15, 16, 26, 28, 30, 31, 35, 42, 58, 61, 78,                                                                   documents mentioned in this preamble
                                                                                                       (4) Delivery: Room PL–401 on the
                                            97, 98, 105, 114, 115, 122, 125, 131, 151,                                                                    as being available in the docket, go to
                                                                                                    Plaza level of the Nassif Building, 400
                                            166, 169, 175, 176, 185, 196, 199, 401                                                                        http://dms.dot.gov at any time, click on
                                                                                                    Seventh Street SW., Washington, DC,
                                            and 402                                                                                                       ‘‘Simple Search,’’ enter the last five
                                                                                                    between 9 a.m. and 5 p.m., Monday
                                            [Docket No. USCG–2006–24371]                            through Friday, except Federal holidays.              digits of the docket number for this
                                                                                                    The telephone number is 202–366–                      rulemaking, and click on ‘‘Search.’’ You
                                            RIN 1625–AB02                                                                                                 may also visit the Docket Management
                                                                                                    9329.
                                                                                                                                                          Facility in Room PL–401 on the Plaza
                                            Consolidation of Merchant Mariner                          (5) Federal eRulemaking Portal:
                                                                                                                                                          level of the Nassif Building, 400
                                            Qualification Credentials                               http://www.regulations.gov.
                                                                                                                                                          Seventh Street SW., Washington, DC,
                                                                                                       See SUPPLEMENTARY INFORMATION for
                                            AGENCY:   United States Coast Guard,                                                                          between 9 a.m. and 5 p.m., Monday
                                                                                                    format and other information about
                                            DHS.                                                                                                          through Friday, except Federal holidays.
                                                                                                    comment submissions.
                                            ACTION:   Notice of proposed rulemaking.                                                                         Privacy Act: Anyone can search the
                                                                                                    FOR FURTHER INFORMATION CONTACT: For                  electronic form of all comments
                                            SUMMARY: The Coast Guard proposes to                    questions concerning this proposed                    received into any of our dockets by the
                                            streamline the existing merchant                        rule, call Mr. Luke Harden (G–PSO–1),                 name of the individual submitting the
                                            mariner credentialing process to                        United States Coast Guard, 2100 Second                comment (or signing the comment, if
                                            minimize redundant requirements and                     Street, SW., Washington, DC 20593;                    submitted on behalf of an association,
                                            simplify the credentialing program. This                telephone 1–877–687–2243.                             business, labor union, etc.). You may
                                            proposed rule works in tandem with the                     For questions concerning viewing or                review the Department of
                                            joint Notice of Proposed Rulemaking                     submitting material to the docket, call               Transportation’s Privacy Act Statement
                                            published by the Coast Guard and the                    Renee V. Wright, Program Manager,                     in the Federal Register published on
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                                            Transportation Security Administration                  Docket Management System, U.S.                        April 11, 2000 (65 FR 19477), or you
                                            (TSA) entitled ‘‘Transportation Worker                  Department of Transportation, Room                    may visit http://dms.dot.gov.
                                            Identification Credential (TWIC)                        Plaza 401, 400 Seventh Street SW.,                       Public Meetings: TSA and the Coast
                                            Implementation in the Maritime Sector;                  Washington, DC 20590–0001; telephone                  Guard will hold four public meetings as
                                            Hazardous Materials Endorsement for a                   (202) 493–0402.                                       follows: Wednesday, May 31, 2006 in
                                            Commercial Driver’s License’’ published                 SUPPLEMENTARY INFORMATION:                            Newark, NJ; Thursday, June 1 in Tampa,


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                            29463

                                            FL; Wednesday, June 6 in St. Louis, MO;                 assessment from TSA. This population                  requirement was added as an additional
                                            and Thursday, June 7 in Long Beach,                     includes all mariners holding active                  security measure to ensure that MMDs
                                            CA. These meetings will be held to take                 MMDs, Licenses, CORs, or STCW                         and Licenses are issued only to people
                                            comments regarding both the                             Endorsements. If TSA determines that                  whose identities have been verified.
                                            Transportation Worker Identification                    the applicant does not pose a security                   Under the TWIC proposed joint
                                            Credential (TWIC) Implementation in                     risk, TSA will issue a TWIC to that                   rulemaking published simultaneously
                                            the Maritime Sector; Hazardous                          individual. Once the DHS rule is                      with this rule, TSA would conduct
                                            Materials Endorsement for a                             implemented, persons without TWICs                    security vetting and verify an
                                            Commercial Driver’s License rule                        will not be granted unescorted access to              applicant’s identity prior to issuing the
                                            (Docket Nos. TSA–2006–24191; USCG–                      secure areas at affected maritime                     TWIC which would serve as an identity
                                            2006–24196) and the Consolidation of                    facilities or vessels, and all merchant               document. Without the streamlined
                                            Merchant Mariner Qualification                          mariners will be required to hold a valid             process and combined credential
                                            Credential rule (Docket No. USCG–                       TWIC.                                                 suggested in this MMC rulemaking,
                                            2006–24371), both found in today’s                         The MTSA requires DHS to issue                     mariners would be required to submit
                                            Federal Register. Specific times,                       biometric transportation security cards               identity information and biometrics
                                            locations and additional information for                to, among others, merchant mariners.                  personally to two Federal agencies, and
                                            the public meetings will be announced                   Because only the MMD is an identity                   those Federal agencies would subject
                                            in a subsequent notice in the Federal                   document, and none of the Coast Guard-                the applicant to the same security
                                            Register.                                               issued credentials contain biometric                  vetting process. This proposed rule is
                                                                                                    information or otherwise meet the                     necessary to reduce cost and
                                            II. Background and Purpose                              MTSA requirements, a new credential is                redundancy for both the public and the
                                               Under the current regulatory scheme,                 necessary to implement this statutory                 Federal government.
                                            the Coast Guard may issue to a mariner                  mandate. In addition, it was determined                  Because this proposed rule is closely
                                            any combination of four credentials: the                that national security would be                       related to, and relies on the proposed
                                            Merchant Mariner’s Document (MMD),                      increased by requiring all maritime                   TWIC rule, it will follow the same
                                            Merchant Mariner’s License (License),                   workers to show the same credential to                timeline as the TWIC rule. This rule will
                                            Certificate of Registry (COR), or the                   gain unescorted access to secure areas of             not become a Final Rule unless the
                                            International Convention on Standards                   vessels and facilities, rather than                   TWIC rule also becomes a Final Rule. In
                                            of Training, Certification and                          allowing a different card for each                    addition, the TWIC rule proposes an 18
                                            Watchkeeping for Seafarers (STCW)                       segment of the marine population.                     month enrollment period, after which
                                            Endorsement. An MMD serves as a                            If the TWIC rule is fully implemented,             all merchant mariners must hold a
                                            mariner’s identification credential,                    merchant mariners would be required to                TWIC. To allow enough time for all
                                            indicates a mariner’s qualifications, and               obtain a TWIC in addition to the                      mariners to obtain TWICs before this
                                            is issued to mariners who are employed                  mariner credentials currently required                rule will make possession of a valid
                                            on merchant vessels of 100 gross register               and thus would be required to obtain a                TWIC a mandatory requirement for the
                                            tons or more, except for those vessels                  total of five credentialing documents. To             issuance of an MMC, this rule will not
                                            employed exclusively in trade on the                    minimize redundant credentialing                      go into effect until 18 months after the
                                            navigable waters of the U.S. Licenses are               requirements and ease the burden on                   TWIC rule goes into effect.
                                            qualification certificates that are issued              merchant mariners, the Coast Guard,
                                                                                                                                                          III. Proposed Rule
                                            to officers. CORs are qualification                     through this rule, proposes to streamline
                                            certificates that are issued to medical                 its mariner regulations and consolidate                  The following discussion highlights
                                            personnel and pursers. STCW                             the four current merchant mariner                     the changes being made to the Coast
                                            Endorsements are qualification                          credentialing documents into one                      Guard regulations. Through this
                                            certificates that are issued to mariners                Merchant Mariner Credential (MMC).                    proposed rulemaking, the Coast Guard
                                            who meet international standards and                    The proposed amendments to the                        proposes to consolidate the MMD,
                                            serve aboard vessels to which STCW                      mariner regulations will reduce,                      License, COR, and STCW Endorsement
                                            applies. The License, COR, and STCW                     ultimately, the number of Federal                     into a single document, called the
                                            Endorsement are qualification                           identification/qualification cards that a             Merchant Mariner Credential (MMC).
                                            credentials only.                                       mariner needs to carry to two (the MMC                The MMC would be a certificate that
                                               Elsewhere in this edition of the                     and a TWIC), as well as remove all                    would contain endorsements for each of
                                            Federal Register, the Department of                     duplicative public burdens and                        a mariner’s job qualifications. It is
                                            Homeland Security (DHS) published a                     governmental processes.                               expected to contain security
                                            joint notice of proposed rulemaking by                     The Coast Guard recently issued                    enhancements that will deter
                                            the Coast Guard and the Transportation                  regulations aimed at increasing the                   duplication and manipulation. One of
                                            Security Administration (TSA), which                    security of the vetting process for                   the security features is that the
                                            proposes to implement the                               mariner credentials. In an interim rule               photograph on the MMC will match the
                                            Transportation Worker Identification                    published January 6, 2004 for MMD                     photograph on the mariner’s TWIC.
                                            Credential (TWIC) in the maritime                       applicants (68 FR 526), and an interim                Although the actual format of the MMC
                                            sector. A TWIC is a biometric                           rule published January 13, 2006 for                   is not final at this stage, it is expected
                                            transportation security card as                         License applicants (71 FR 2154), the                  to appear in the form of a certificate
                                            contemplated under the Maritime                         Coast Guard implemented a mandatory                   suitable for framing that is modeled
                                            Transportation Security Act of 2002, 46                 appearance requirement in the                         after the current STCW Endorsement.
                                            U.S.C. 70105 (MTSA). Under the TWIC                     application process. Currently, all                   The current STCW Endorsement was
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                                            rule, workers who require unescorted                    applicants must appear at one of 17                   recently updated to create a more
                                            access to secure areas of MTSA-                         Coast Guard Regional Examination                      professional appearance and to include
                                            regulated maritime facilities and                       Centers (RECs) at least once in the                   increased security features such as
                                            vessels, and all merchant mariners                      application process to be fingerprinted               watermarks and microprinting. A
                                            credentialed under 46 U.S.C. part E                     by and show proof of identification to                brochure showing the current STCW
                                            must undergo a security threat                          an REC employee. This appearance                      Endorsement and highlighting some of


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                                            29464                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

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

                                                   Location                                     Proposed change                                               Reason for proposed change

                                                                                      THESE CHANGES WOULD OCCUR THROUGHOUT SUBCHAPTER B

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



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                                                                         Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                              29465

                                                   Location                                         Proposed change                                                        Reason for proposed change

                                            Titles 33 and 46 CFR         References to the terms ‘‘Merchant Mariner Credential’’,                           One of the main goals of this rulemaking is to combine the
                                                                          ‘‘MMC’’, ‘‘credential’’, ‘‘endorsement’’, ‘‘officer endorse-                        License, MMD, COR, and STCW Endorsement to create
                                                                           ment’’ or ‘‘rating endorsement’’ as appropriate, were in-                          the MMC with endorsements thereon that indicate that
                                                                           serted throughout Titles 33 and 46, when the text re-                              the mariner is qualified to perform specific job functions.
                                                                           ferred to a mariner’s ‘‘License’’, ‘‘Merchant Mariner Doc-                         This new credential would be phased in over a five-year
                                                                           ument’’, ‘‘MMD’’, ‘‘STCW Certificate’’, and or ‘‘Certificate                       period, as the mariner’s previous credentials expire. For
                                                                           of Registry’’.                                                                     that reason, during that initial five-year period, mariners
                                                                                                                                                              could hold either an MMC or one of the current creden-
                                                                                                                                                              tials. As a result, the regulations would be amended to
                                                                                                                                                              reflect the inclusion of this new credential and its terms
                                                                                                                                                              of art. After the close of the five-year integration period
                                                                                                                                                              when all mariners would hold MMCs, a technical amend-
                                                                                                                                                              ment to the regulations is expected to be published that
                                                                                                                                                              would remove references to the credentials that the
                                                                                                                                                              Coast Guard will no longer be issuing (the License,
                                                                                                                                                              MMD, etc.).
                                            Parts 10–16 ..............   References to ‘‘Certificates of Identification’’, ‘‘Certificates                   These documents are no longer issued by the Coast
                                                                          of Service’’, ‘‘Certificates of Efficiency’’, and ‘‘Continuous                      Guard. The Coast Guard discontinued this practice be-
                                                                          Discharge Books’’ were removed.                                                     fore the publication of this proposed rule. Continued ref-
                                                                                                                                                              erence to these certificates and books creates undue
                                                                                                                                                              confusion. This rule would update the regulations to con-
                                                                                                                                                              form with practice and reduce confusion.
                                            Parts 10–16 ..............   Miscellaneous linguistic edits ................................................    Many non-substantive edits are proposed throughout sub-
                                                                                                                                                              chapter B to improve clarity and support the govern-
                                                                                                                                                              ment’s plain language initiative. Because of their large
                                                                                                                                                              volume, only substantive changes are specifically identi-
                                                                                                                                                              fied in this table.
                                            Parts 10 and 12 .......      A reorganization of 46 CFR subchapter B is proposed as                             The application requirements, appeals processes, etc. for
                                                                           follows: The regulations specific to officer endorsements                          MMDs and Licenses (formerly § § 10.100 to 10.223 and
                                                                           that are currently contained in 46 CFR part 10 would be                            12.01–1 to 12.02–29) that are not distinct to either offi-
                                                                           moved to create a new part 11 (there is no part 11 in the                          cers or ratings would be combined and located at the
                                                                           current regulations). The elements of part 12 specific to                          beginning of the subchapter. Those elements of the cur-
                                                                           rating endorsements would stay in part 12. Those ele-                              rent regulations, parts 10 and 12, that are specific to ei-
                                                                           ments regarding application processes currently con-                               ther officers or ratings would be kept separate, and re-
                                                                           tained in parts 10 and 12 would be combined to create a                            tained in either part 11 (for officers) or part 12 (for rat-
                                                                           new part 10 that would contain the application process                             ings). In order to avoid confusion, the requirements for
                                                                           for the MMC.                                                                       officers would be moved to create a new part 11, and
                                                                                                                                                              the new general requirements for all MMCs would be in-
                                                                                                                                                              serted into the beginning of part 10.

                                                                         THESE CHANGES WOULD OCCUR IN THE CURRENT PART 10 SECTIONS 10.100—10.223
                                                                             (Unless otherwise stated, the current part 10 would move to create a new part 11.)

                                            § 10.105 (now                (a) Moved to § 10.217. The requirements of (b) and (c)                             Paragraph (a): moved for organizational purposes. Para-
                                               § 11.105).                  were replaced with language in § 10.209(c)(3) reflecting                           graphs (b) and (c): Since the Coast Guard would no
                                                                           the agreement between TSA and Coast Guard to share                                 longer issue Licenses after this rule becomes effective,
                                                                           this information.                                                                  the application procedures for Licenses and MMDs
                                                                                                                                                              would be combined into the procedures for the applica-
                                                                                                                                                              tion for MMCs. Throughout this proposed regulation, to
                                                                                                                                                              the extent possible, application requirements, training,
                                                                                                                                                              and any other qualifications required to obtain the cur-
                                                                                                                                                              rent credentials would not change. The fingerprint, proof
                                                                                                                                                              of ID and appearance requirements have been removed
                                                                                                                                                              due to agreements made by TSA and the Coast Guard.
                                                                                                                                                              This change is discussed in greater detail below in the
                                                                                                                                                              discussion of new section 10.209.
                                            §§ 10.109, 10.110,           Tables and text moved to § 10.219. .....................................           The fee charts for the issuance of Licenses, MMDs, CORs,
                                              10.111 and 10.112.                                                                                              and STCW Certificates would be merged. The fee struc-
                                                                                                                                                              tures were retained and the only changes that were
                                                                                                                                                              made were linguistic and organizational changes to re-
                                                                                                                                                              flect the new credential and remove any duplicative
                                                                                                                                                              charges. The only substantive change to the fees
                                                                                                                                                              charged is that mariners will only be charged one $45
                                                                                                                                                              issuance fee as there is only one credential now instead
                                                                                                                                                              of four. No new costs have been added.
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                                            29466                           Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                    Location                                              Proposed change                                                              Reason for proposed change

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




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                                                                            Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                        29467

                                                    Location                                               Proposed change                                                               Reason for proposed change

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




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                                            29468                          Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                    Location                                              Proposed change                                                               Reason for proposed change

                                                                                              THESE CHANGES WOULD OCCUR IN § § 12.01 THROUGH 12.02–29

                                            § 12.01–1 ..................   Paragraphs (a)(3) and (c) would be moved to § 10.101.                                         Paragraph (a)(3) involves the review of an applicant’s
                                                                             The remainder would be retained in 12.01–1.                                                   background to determine whether they pose a security or
                                                                                                                                                                           safety risk. Now, TSA will be reviewing the applicant’s
                                                                                                                                                                           security background. The safety review would be ad-
                                                                                                                                                                           dressed in the review of the applicant’s criminal record
                                                                                                                                                                           and NDR record, contained in part 10. The Coast Guard
                                                                                                                                                                           would no longer evaluate applicants for security risk.
                                                                                                                                                                           Paragraph (c) references credentials that are no longer
                                                                                                                                                                           issued by the Coast Guard.
                                            § 12.01–7 ..................   The list of RECs was moved to § 10.217 .............................                          The REC locations have not been changed in this rule, but
                                                                                                                                                                           instead of listing them in both parts 10 (now 11) and 12,
                                                                                                                                                                           they are now listed only in part 10.
                                            § 12.02–3 ..................   (a) Deleted ............................................................................      (a) The Coast Guard no longer issues the documents in
                                                                           (b) Moved to § 10.217.                                                                          this part.
                                                                                                                                                                         (b) The Coast Guard currently does not conduct exams
                                                                                                                                                                           abroad, but part 10 retains the agency’s right to do so.
                                            § 12.02–4 ..................   Moved to part 10 ...................................................................          (a) and (c) Would be moved to part 10, and incorporated
                                                                           (a) and (c) Moved to § 10.211.                                                                  into the general application procedures. The require-
                                                                           (b) Moved to § 10.209.                                                                          ments would not be changed, other than that the security
                                                                           (d) and (e) Moved to § 10.213.                                                                  check portion of the process will already have been com-
                                                                                                                                                                           pleted by TSA when the mariner goes through the TWIC
                                                                                                                                                                           vetting. To remove duplicative processes, the Coast
                                                                                                                                                                           Guard would no longer conduct a background check to
                                                                                                                                                                           evaluate whether an applicant is a security risk. The
                                                                                                                                                                           Coast Guard would, however, continue to evaluate the
                                                                                                                                                                           applicants to determine that they would not pose a safe-
                                                                                                                                                                           ty risk and that they are qualified for the MMC and en-
                                                                                                                                                                           dorsement sought. Furthermore, as discussed elsewhere
                                                                                                                                                                           in this table, the fingerprints now required to be sub-
                                                                                                                                                                           mitted by the mariner at an REC could be transmitted
                                                                                                                                                                           electronically by TSA from the applicant’s TWIC applica-
                                                                                                                                                                           tion.
                                                                                                                                                                         (b) This requirement would be retained, but moved for or-
                                                                                                                                                                           ganizational purposes.
                                                                                                                                                                         (d) and (e) The requirements in these paragraphs would be
                                                                                                                                                                           retained but moved for organizational purposes.
                                            § 12.02–5 ..................   Deleted ..................................................................................    Continuous discharge books, and certificates of service, ef-
                                                                                                                                                                           ficiency, or identification are no longer issued by the
                                                                                                                                                                           USCG. This section was outdated and unnecessary.
                                            § 12.02–7 ..................   (d) Formerly read ‘‘* * * of 500 gross ton’’, now reads                                       (d) Change would be made to correct typographical error.
                                                                              ‘‘* * * of 500 gross tonnage (200 gross register tons)’’.
                                            § 12.02–9 ..................   (a) Parts added to § 10.209, the rest was deleted ...............                             (a) The general requirements of this paragraph would be
                                                                           (b) Deleted.                                                                                     retained and moved to part 10. The only change is that
                                                                           (c) Moved to § 10.209.                                                                           references to continuous discharge books and certifi-
                                                                           (d) and (f) Moved to § 10.209.                                                                   cates of identification would be removed as these are no
                                                                           (e) Moved to § 10.225.                                                                           longer issued by the USCG.
                                                                           (g) Moved to § 10.211.                                                                        (b) These paragraphs would be deleted because photo-
                                                                           (h) Moved to § 10.213.                                                                           graphs will now be sent to the USCG by TSA once an
                                                                                                                                                                            applicant is cleared for a TWIC. For added security, the
                                                                                                                                                                            photograph on the TWIC will match the photograph on
                                                                                                                                                                            the MMC.
                                                                                                                                                                         (c), (d), (f), (g), and (h) Requirements would be retained
                                                                                                                                                                            but moved to part 10 for organizational purposes.
                                                                                                                                                                         (e) Requirement would be retained but moved to part 10
                                                                                                                                                                            for organizational purposes. Also, clarified that the 12
                                                                                                                                                                            months begins from date of application approval.
                                            § 12.02–10 ................    Moved to § 10.221 ................................................................            Requirement retained, but moved to part 10 for organiza-
                                                                                                                                                                            tional purposes. Also, a non-significant technical change
                                                                                                                                                                            was made to remove references to obsolete credentials.
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                                                                          Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                            29469

                                                    Location                                             Proposed change                                                                Reason for proposed change

                                            § 12.02–11 ................   (a) and (c) Moved to § 10.201 ..............................................                  (a) The regulation would continue to reference the Coast
                                                                          (b) Deleted.                                                                                     Guard form number that the credential would be issued
                                                                          (c) Moved to § 10.205(g).                                                                        on, but would reference a new form number to reflect the
                                                                          (d)(1) [now (a)(1)] Removed reference to the fact that an                                        new credential. The application form would have to be
                                                                             MMD endorsed for ‘‘any unlicensed rating in the deck                                          revised to incorporate the changes reflected in this rule.
                                                                             department, except able seaman’’ would not have to                                         (b) This paragraph is no longer relevant as there should no
                                                                             show his license to serve in any unlicensed capacity in                                       longer be valid certificates of service, certificates of effi-
                                                                             the deck department except able seaman.                                                       ciency, or certificates of identification. Also, all qualifica-
                                                                          (d)(3) Deleted.                                                                                  tions would appear on one document, so there would be
                                                                          (e)(1) Deleted.                                                                                  no need to cross reference anything.
                                                                          (g) Deleted.                                                                                  (c) This paragraph refers to the fact that an MMD also
                                                                          (d)(2), (e)(2), (f), (h), and (i) All retained in § 12.02–11, and                                serves as a certificate of service. As the new regulation
                                                                             re-lettered to account for the paragraphs that were re-                                       would be removing the MMD, this provision is unneces-
                                                                             moved.                                                                                        sary. The remaining provisions would be moved to
                                                                                                                                                                           § 10.205(g) for organizational purposes.
                                                                                                                                                                        (d)(1) Once all endorsements are combined on the same
                                                                                                                                                                           document, there would be no second document to
                                                                                                                                                                           show—this language would be irrelevant, so it would be
                                                                                                                                                                           removed.
                                                                                                                                                                        (d)(3) This paragraph would no longer be relevant since all
                                                                                                                                                                           endorsements would be on one document. There would
                                                                                                                                                                           no longer be a need for one document to reference an-
                                                                                                                                                                           other, or determine what will be on which credential.
                                                                                                                                                                        (e)(1) The process of combining credentials would make
                                                                                                                                                                           this requirement unnecessary.
                                                                                                                                                                        (g) This paragraph is no longer applicable. Continuous dis-
                                                                                                                                                                           charge books are no longer issued, and no document
                                                                                                                                                                           issued before November 1, 1945 would still be valid.
                                            § 12.02–12 ................   Deleted ..................................................................................    All merchant mariners would be required to hold a valid
                                                                                                                                                                           TWIC pursuant to the joint rulemaking published by DHS
                                                                                                                                                                           entitled ‘‘Transportation Worker Identification Credential
                                                                                                                                                                           (TWIC) Implementation in the Maritime Sector; Haz-
                                                                                                                                                                           ardous Materials Endorsement for a Commercial Driver’s
                                                                                                                                                                           License’’ and 46 U.S.C. 70105. TSA would conduct a full
                                                                                                                                                                           identity check before issuing the TWIC, and the TWIC
                                                                                                                                                                           would serve as the mariner’s primary identity credential.
                                                                                                                                                                           In the TWIC rulemaking, proposed language was in-
                                                                                                                                                                           serted into parts 10, 12, and 15 to require the posses-
                                                                                                                                                                           sion of a valid TWIC. This rulemaking would retain that
                                                                                                                                                                           requirement, and use the TWIC as the mariner’s proof of
                                                                                                                                                                           identity. Before issuing an MMC, the RECs would run
                                                                                                                                                                           the TWIC number against the Transportation Security
                                                                                                                                                                           Administration’s Identification Management System
                                                                                                                                                                           (IDMS) to make sure the TWIC is still valid. Appearance
                                                                                                                                                                           at an REC would not be required.
                                            § 12.02–13 ................   (c) Deleted entirely ................................................................         (c) This paragraph would be deleted to conform to changes
                                                                          The remainder moved to § 10.209.                                                                 made in the Interim Rule published January 13, 2006, at
                                                                                                                                                                           71 FR 2154.
                                                                                                                                                                        The remainder of the section would be retained, but moved
                                                                                                                                                                           to part 10 for organizational purposes.
                                            § 12.02–14 ................   Moved to § 10.221 ................................................................            Requirements retained, but would be moved to part 10 for
                                                                                                                                                                           organizational purposes.
                                            § 12.02–15 ................   Moved to § 10.225 ................................................................            Requirements retained, but would be moved to part 10 for
                                                                                                                                                                           organizational purposes.
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                                            29470                         Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                    Location                                          Proposed change                                                           Reason for proposed change

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



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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                       29471

                                                   Location                                     Proposed change                                                    Reason for proposed change

                                                                                                                                                   Paragraph (e)(4) would be removed because after the pro-
                                                                                                                                                     mulgation of this regulation, there will only be one cre-
                                                                                                                                                     dential issued to mariners, so procedures for concurrent
                                                                                                                                                     renewal would be unnecessary.
                                                                                                                                                   Paragraph (e)(5) would be removed because, as otherwise
                                                                                                                                                     discussed in this table, applicants would no longer be re-
                                                                                                                                                     quired to appear in person at an REC to show proof of
                                                                                                                                                     identity and be fingerprinted.

                                                                                            THESE CHANGES WOULD OCCUR IN THE NEW PART 10

                                            § 10.107 Sub-              Added definitions for the following terms: .............................    Apprentice mate (steersman) of towing vessels: This defini-
                                               chapter B Defini-       Apprentice mate (steersman) of towing vessels (existing                       tion was amended to include the words ‘‘and in the pres-
                                               tions.                    definition amended)                                                         ence of’’ due to the definition of the term ‘‘directly super-
                                                                       Credential                                                                    vised’’. The Coast Guard wants to make it clear that ap-
                                                                       Day (Added ‘‘When computing service required for Mobile                       prentice mates of towing vessels must be supervised in
                                                                         Offshore Drilling Unit (MODU) endorsements a day is a                       the presence of a master or mate and arrangements
                                                                         minimum of four hours, and no additional credit is re-                      such as the use of two-way radios are not acceptable.
                                                                         ceived for periods served over eight hours.’’ to the exist-               Credential: Because mariners would be allowed to receive
                                                                         ing definition.)                                                            their MMCs over a period of up to six years (as their li-
                                                                       Endorsement (Existing definition modified)                                    cense, MMD, etc. expires plus the one-year administra-
                                                                       Fails a chemical test for dangerous drugs (Existing defini-                   tive grace period), for those six-years some mariners
                                                                         tion modified to match part 16)                                             may hold an MMC and others may hold any number of
                                                                       Great Lakes                                                                   the current credentials. The term ‘‘credential’’ is used to
                                                                       Invalid credential                                                            reference any and all of the potential documents held by
                                                                       Merchant Mariner Credential (MMC)                                             the mariner. At the close of this six-year period, a tech-
                                                                       MMC Application                                                               nical amendment is expected which will remove all re-
                                                                       Officer Endorsement                                                           maining references to documents, licenses, and certifi-
                                                                       Officer in Charge of Marine Inspection (OCMI)                                 cates as well as remove the term ‘‘credential’’ and insert
                                                                       Rating Endorsement                                                            ‘‘MMC’’.
                                                                       Readily Available                                                           Endorsement: Would be modified to reflect that endorse-
                                                                       Criminal Record Check                                                         ments would be notations of qualifications that appear on
                                                                       Staff officer                                                                 a person’s MMC.
                                                                       STCW Endorsement                                                            Day: Would combine the definitions of Day and Service
                                                                       Transportation Worker Identification Credential (TWIC)                        from § 10.103.
                                                                       The creation of the new paragraph (b) is discussed above                    Fails a chemical test for dangerous drugs. There are dif-
                                                                         in the section discussing changes that occurred through-                    ferences between the definitions for 10, 12, and 16. The
                                                                         out subchapter B and the combination of definitions.                        definition used in part 16 had the most clear and inclu-
                                                                                                                                                     sive wording, so it would be retained.
                                                                                                                                                   Great Lakes: This definition is contained in the current reg-
                                                                                                                                                     ulation text for part 10 (now 11), but not in part 12. Since
                                                                                                                                                     we previously maintained two different standards for
                                                                                                                                                     Great Lakes, a sentence would be added to the defini-
                                                                                                                                                     tion currently in part 10 to clarify a distinction for rating
                                                                                                                                                     endorsements.
                                                                                                                                                   Invalid credential: Definition added for clarity to encompass
                                                                                                                                                     all reasons a credential could be invalid.
                                                                                                                                                   Merchant Mariner Credential (MMC): A definition for the
                                                                                                                                                     new credential created by this rule would be added for
                                                                                                                                                     clarity.
                                                                                                                                                   MMC Application: A definition would be added for clarity,
                                                                                                                                                     so that it is understood that an application for an MMC
                                                                                                                                                     includes the application for any endorsements sought
                                                                                                                                                     and vice versa.
                                                                                                                                                   Officer Endorsement, Rating Endorsement, Staff officer,
                                                                                                                                                     STCW Endorsement: This rule proposes these new en-
                                                                                                                                                     dorsements on the MMC. A definition is proposed for
                                                                                                                                                     clarity, and in § 10.109, the particular endorsements or
                                                                                                                                                     job functions encompassed by those terms are set out.
                                                                                                                                                   Officer in Charge, Marine Inspection, or OCMI was amend-
                                                                                                                                                     ed to add ‘‘or any person designated as such by the
                                                                                                                                                     Commandant’’ to allow for potential CG reorganization of
                                                                                                                                                     National Maritime Center.
                                                                                                                                                   Criminal Record Check: The Coast Guard currently per-
                                                                                                                                                     forms a safety and security check before issuing docu-
                                                                                                                                                     ments. After DHS’ TWIC rule and this rule, TSA would
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                                                                                                                                                     be conducting the security check portion of the review
                                                                                                                                                     and the Coast Guard would be reviewing a mariner’s
                                                                                                                                                     background, including the applicant’s criminal record, to
                                                                                                                                                     determine whether he or she is a safety risk and other-
                                                                                                                                                     wise qualified to hold the MMC and any particular en-
                                                                                                                                                     dorsements sought. A definition for this term would pro-
                                                                                                                                                     vide further clarity.



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                                            29472                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                   Location                                           Proposed change                                                               Reason for proposed change

                                                                                                                                                                     Transportation Worker Identification Credential (TWIC):
                                                                                                                                                                       This is a new credential required by statute and imple-
                                                                                                                                                                       mented by a proposed regulation published simulta-
                                                                                                                                                                       neously with this rule entitled ‘‘Transportation Worker
                                                                                                                                                                       Identification Credential (TWIC) Implementation in the
                                                                                                                                                                       Maritime Sector; Hazardous Materials Endorsement for a
                                                                                                                                                                       Commercial Driver’s License’’. A definition is provided
                                                                                                                                                                       here for clarity.
                                            § 10.109 Classifica-       NEW ......................................................................................    This section was created for clarity. Since the new MMC
                                               tion of Endorse-                                                                                                        system would involve endorsements for all of the classi-
                                               ments.                                                                                                                  fications previously contained on separate documents,
                                                                                                                                                                       this list provides an easy method of determining under
                                                                                                                                                                       what classification a particular endorsement falls.
                                            § 10.201 General           Advises that qualifications will now appear as endorse-                                       Because the requirement to hold a TWIC would require
                                               Characteristics of        ments on an MMC and that the mariner’s TWIC will                                              mariners to potentially carry up to five credentials, in the
                                               the Merchant Mar-         serve as their primary identification document..                                              interest of reducing the burden on the mariner and the
                                               iner Credential.        Advises that the Coast Guard will no longer issue MMDs,                                         Coast Guard, we propose in this NPRM to combine the
                                                                         Licenses, STCW Endorsements, or Certificates of Reg-                                          credentials. TSA will verify the applicant’s identity and
                                                                         istry.                                                                                        conduct all security vetting. The TWIC would therefore
                                                                                                                                                                       serve as the mariner’s identification document. The re-
                                                                                                                                                                       maining elements of the License, MMD, COR, and
                                                                                                                                                                       STCW Endorsement would be combined on one docu-
                                                                                                                                                                       ment: the MMC. The MMC would look much like the cur-
                                                                                                                                                                       rent STCW Endorsement, and would contain endorse-
                                                                                                                                                                       ments setting forth those positions for which the mariner
                                                                                                                                                                       is qualified.
                                                                                                                                                                     After the rule becomes effective, MMDs, Licenses, STCW
                                                                                                                                                                       Endorsements, and CORs will no longer be issued, and
                                                                                                                                                                       instead, the Coast Guard will issue MMCs with endorse-
                                                                                                                                                                       ments. When a mariner applies to renew his or her
                                                                                                                                                                       MMD, License, COR, or STCW Endorsement, they will
                                                                                                                                                                       instead be issued an MMC, which will reflect their quali-
                                                                                                                                                                       fications in the form of endorsements.
                                            § 10.203 Require-          Retains the obligation that all merchant mariners must hold                                   In DHS’ TWIC rule implementing the requirements of 46
                                               ment to Hold a            a TWIC (this requirement would be imposed in the pro-                                         U.S.C. 70105, any individual issued a License, Certifi-
                                               TWIC and a Mer-           posed rule published by DHS simultaneously with this                                          cate of Registry, or MMD under part E of subtitle II of
                                               chant Mariner Cre-        rule entitled ‘‘Transportation Worker Identification Cre-                                     title 46 U.S.C. must hold a TWIC. This proposed regula-
                                               dential.                  dential (TWIC) Implementation in the Maritime Sector;                                         tion would retain that requirement which would be cre-
                                                                         Hazardous Materials Endorsement for a Commercial                                              ated by the DHS TWIC rule. The requirement to hold a
                                                                         Driver’s License’’).                                                                          TWIC is not new with this rule.
                                                                       Creates the five-year phase-in period for the MMC by re-                                      This section proposed the obligation for mariners to hold
                                                                         quiring the MMC but allowing mariners to serve under                                          an MMC, but allows for a grace period. Over a five-year
                                                                         their License, MMD, COR and/or STCW Endorsement                                               period, mariners will be required to get an MMC. Mari-
                                                                         for five years after the effective date of the final rule, or                                 ners will be issued the new MMC at the time that they
                                                                         until it expires.                                                                             choose to renew their current credentials. This means
                                                                       Requires the MMC to be produced to verify qualifications                                        that during the first five-year period after this proposed
                                                                         and the TWIC to be produced to verify identity when re-                                       rule becomes effective, when a mariner’s License, MMD,
                                                                         quired by an authorized official.                                                             COR, or STCW Endorsement expires, when they renew
                                                                                                                                                                       they would receive an MMC instead of another License,
                                                                                                                                                                       MMD, COR or STCW Endorsement. Mariners are also,
                                                                                                                                                                       of course, welcome (and encouraged) to come to the
                                                                                                                                                                       REC and apply for their MMC at any time before their
                                                                                                                                                                       previous credential expires. This allows mariners to
                                                                                                                                                                       come in over a longer period of time and would not cre-
                                                                                                                                                                       ate an additional burden by requiring mariners to obtain
                                                                                                                                                                       the new MMC during the validity of their current creden-
                                                                                                                                                                       tial. Since all currently issued credentials are valid for
                                                                                                                                                                       five-year periods, all mariners should have had to renew
                                                                                                                                                                       their credentials by the close of the five-year grace pe-
                                                                                                                                                                       riod.
                                                                                                                                                                     As the MMC would be the qualifications credential and the
                                                                                                                                                                       TWIC would be the identity credential, these credentials
                                                                                                                                                                       would have to be produced when requested by an au-
                                                                                                                                                                       thorized official to verify the mariner’s identity or quali-
                                                                                                                                                                       fications. This could occur, for example, when the mar-
                                                                                                                                                                       iner seeks unescorted access to the secure areas of a
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                                                                                                                                                                       MTSA-regulated vessel or facility or when the vessel is
                                                                                                                                                                       inspected by Coast Guard or other law enforcement per-
                                                                                                                                                                       sonnel.




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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                         29473

                                                   Location                                           Proposed change                                                                Reason for proposed change

                                            § 10.205 Validity of       Added: ...................................................................................    (b) Since the proposed MMC would be a single credential
                                               a Merchant Mar-         (b) All endorsements are valid until the expiration date of                                      with multiple endorsements, creating an MMC that would
                                               iner Credential.           the MMC on which they appear.                                                                 expire on one date, listing endorsements that could ex-
                                                                       (f) An STCW Endorsement is valid only when the related                                           pire on multiple dates could be confusing to the mariner,
                                                                          officer or rating endorsement is valid.                                                       Coast Guard inspection personnel, employers, and/or
                                                                       (h) If a mariner holds more than one credential, and they                                        domestic or foreign port officials. This rule proposes that
                                                                          choose to renew and receive their first MMC, the Coast                                        any endorsement on the MMC is valid for the period of
                                                                          Guard may also renew all other credentials for which the                                      the MMC on which it is written. This retains the five-year
                                                                          mariner is qualified.                                                                         validity period established by statute in 46 CFR part E.
                                                                                                                                                                        Any underlying certificates or other qualifications would
                                                                                                                                                                        still have to be obtained and kept valid, but their expira-
                                                                                                                                                                        tion dates would not be reflected on the MMC (i.e. Radar
                                                                                                                                                                        Certificates).
                                                                                                                                                                     (f) If an officer or rating endorsement is suspended or re-
                                                                                                                                                                        voked, the related STCW endorsement is no longer
                                                                                                                                                                        valid. The current statute authorizes only suspension and
                                                                                                                                                                        revocation of the credential on which the endorsement
                                                                                                                                                                        appears (currently the License or MMD), but does not
                                                                                                                                                                        clearly authorize suspension and revocation of the
                                                                                                                                                                        STCW Endorsement. This language is necessary to tie
                                                                                                                                                                        the STCW endorsement to the related endorsement that
                                                                                                                                                                        we have the authority to suspend or revoke (this tie ex-
                                                                                                                                                                        ists in the current regulations).
                                                                                                                                                                     (h) The Coast Guard has long encouraged merchant mari-
                                                                                                                                                                        ners to synchronize their credential expiration dates fore-
                                                                                                                                                                        seeing a consolidation such as the one proposed by this
                                                                                                                                                                        proposed rule. Of the total current merchant mariner
                                                                                                                                                                        population, 13,843 (34%) mariners hold more than one
                                                                                                                                                                        credential whose expiration dates do not match. The
                                                                                                                                                                        Coast Guard proposes to issue credentials with one ex-
                                                                                                                                                                        piration date for all endorsements to avoid the confusion
                                                                                                                                                                        of several different expiration dates appearing on the
                                                                                                                                                                        face of the credential. 46 U.S.C. 7106, 7107 and 7302
                                                                                                                                                                        provide that Licenses, CORs and MMDs are valid for five
                                                                                                                                                                        years and may be renewed for additional five-year peri-
                                                                                                                                                                        ods. Like the License, COR and MMD, the MMC, would
                                                                                                                                                                        be valid for five years and would be renewed for addi-
                                                                                                                                                                        tional five-year periods. The endorsements thereon, how-
                                                                                                                                                                        ever, could potentially be valid for less than five-year pe-
                                                                                                                                                                        riods unless the mariner voluntarily aligns their expiration
                                                                                                                                                                        at the initial issuance of their MMC.
                                            § 10.207 Identifica-       Added: ‘‘However, a unique serial number, and not the so-                                     This would be added for clarity to make it as clear as pos-
                                               tion Number.              cial security number will appear on the credential’’.                                          sible that although an individual’s social security number
                                                                                                                                                                        will be used as the individual’s MMC identification num-
                                                                                                                                                                        ber, the Coast Guard is aware of the individual’s privacy
                                                                                                                                                                        interest in that information and will not place the social
                                                                                                                                                                        security number on the credential. The mariner’s social
                                                                                                                                                                        security number has been used as an identification num-
                                                                                                                                                                        ber throughout the history of the mariner-credentialing
                                                                                                                                                                        process.
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                                            29474                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                   Location                                     Proposed change                                                Reason for proposed change

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




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                                                                            Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                               29475

                                                    Location                                      Proposed change                                               Reason for proposed change

                                                                                                                                                 (10) The phrase ‘‘amount and character of their experi-
                                                                                                                                                   ence’’ used in § 10.205(e)(1) would be clarified in the
                                                                                                                                                   new language to conform with the language used in
                                                                                                                                                   § 12.02–9(c) to specify that the applicant should submit
                                                                                                                                                   their dates of service, capacity in which the applicant
                                                                                                                                                   served, and on what waters. This is meant as more of a
                                                                                                                                                   clarification, than a substantive change.
                                                                                                                                                 (d) Although a mariner could now potentially conduct the
                                                                                                                                                   entire application process through the mail, this list of
                                                                                                                                                   items was retained for clarity. The information listed here
                                                                                                                                                   regarding what documents may be submitted by mail
                                                                                                                                                   was taken from existing text regarding renewals. Its in-
                                                                                                                                                   clusion in the original application section as well as the
                                                                                                                                                   renewal section was done to add uniformity and clarity.
                                            § 10.211 ....................   (b) TSA will share with the Coast Guard fingerprints sub-            (b) This supports the change in § 10.209(d) for the same
                                                                              mitted by the applicant in the TWIC process.                         reasons discussed above.
                                                                            TABLE:                                                               TABLE: The crimes against national security would be re-
                                                                            Taken directly from Table 10.201(h) and 12.02–4(c) except              moved in their entirety because TSA will screen against
                                                                              that crimes against national security have been removed              these crimes when determining eligibility for the TWIC. If
                                                                              entirely.                                                            an applicant has any of these crimes listed on their
                                                                                                                                                   record they would be denied a TWIC and a valid TWIC
                                                                                                                                                   would be a requirement for an MMC. The Coast Guard
                                                                                                                                                   would not duplicate this review.
                                            § 10.213 National               Removed information regarding how to request an NDR file             In the current regulations, § § 10.201(i)(3)(i) and (ii) and
                                               Driver Register.               check for personal use.                                              12.02–4(d)(4) advise that an applicant can request an
                                                                                                                                                   NDR file check for personal use and how they can do
                                                                                                                                                   so. Although an applicant would still be permitted to re-
                                                                                                                                                   quest an NDR file check, because the NDR and the
                                                                                                                                                   Coast Guard are no longer part of the same department
                                                                                                                                                   (DOT) as we were when these regulations were origi-
                                                                                                                                                   nally drafted, and the NDR may change their procedures
                                                                                                                                                   at any time, regulations containing such definite terms
                                                                                                                                                   such as the working hours of the NDR are inappropriate
                                                                                                                                                   for Coast Guard regulations.
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                                            29476                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                   Location                                     Proposed change                                               Reason for proposed change

                                            § 10.215 Medical           The medical requirements for all endorsements were com-                 (a) Those who may perform exams differ for officers and
                                               and Physical Re-            bined into one section, and a reference table was added                ratings in the Coast Guard’s current regulations. Section
                                               quirements.                 for clarity.                                                           12.15–5(a) now says that QMEDs can have their eyes,
                                                                       (a) Came from § § 12.02–27(d), 10.205(d)(1) and                            hearing, and physical condition checked by a medical of-
                                                                           10.202(a). Any required exam must have been per-                       ficer of the United States Public Health service or any
                                                                           formed by a licensed medical doctor (including a Doctor                other reputable physician. The same is said for able sea-
                                                                           of Osteopathy), or licensed physician assistant.                       man for their physical requirements in § 12.05–5(a). But
                                                                           Physicals for Great Lakes Pilots must be conducted by a                all mariners seeking MMDs have to have their medical
                                                                           licensed medical doctor in accordance with 46 CFR 402.                 fitness evaluated by a ‘‘qualified medical practitioner’’.
                                                                           Added licensed nurse practitioners to the list of individ-             Similarly all applicants for Licenses are required to have
                                                                           uals who may perform exams.                                            a physical exam conducted by a ‘‘licensed physician or
                                                                       (i) Came from § § 10.709(b), 10.7107(d)(3) and 10.402.210.                 licensed physician assistant’’ in § 10.205(d). Due to the
                                                                       (ii) Came from 46 CFR 402.210.                                             contradictory terms used, and that it is common practice
                                                                       (b)(1) Came from § 10.205(d)(2).                                           for individuals to seek these services from licensed med-
                                                                       The statement regarding the loss of vision in one eye was                  ical doctors (including Doctors of Osteopathy), licensed
                                                                           derived      from   §§ 10.205(d)(4),  10.209(d)(3)    and              physician assistants, and licensed nurse practitioners,
                                                                           10.207(e)(3). The 6 month limitation was derived from a                this language was chosen.
                                                                           medical directive. The waiver for compensation of abili-            We propose to add licensed nurse practitioners to the list
                                                                           ties is also required by STCW B–I/9.7.                                 of individuals allowed to conduct exams because RECs
                                                                       (2) Came from § 10.205(d)(3).                                              have been accepting exams conducted by these individ-
                                                                       (3) Came from § 10.202(f).                                                 uals as a matter of policy.
                                                                       (c) Came from §§ 10–209(d), 12.05–5, 12–02–27(d) and                    The criterion for assessing medical and physical com-
                                                                           12.15–5 and new language was inserted setting par-                     petence are published by the Coast Guard in a Naviga-
                                                                           ticular hearing thresholds to meet.                                    tion and Vessel Inspection Circular available on the
                                                                       (d) Came from § § 10.205(d)(1), 10.202(d), 10.207(e),                      Coast Guard Homeport Internet website.
                                                                           10.209Id)(1) and (2), 12.02–27(d), 12.05–5, and 12.15–              (c) Hearing exams are already required in the current regu-
                                                                           5. The food handler requirement came from § 12.25–20.                  lations, but no particular standards are provided. Since
                                                                       (e) Came from § § 15.1107(a), 12.05–5, and 12.02–17(e).                    specific standards are provided for visual acuity and
                                                                       (f) Came from § § 10.202(a) and 12.02–27(d).                               color sense, and specific standards for hearing are con-
                                                                       (g) Came from § § 10.205(d)(4), 10.207(e)(3), 12.05–5(3)                   tained in a Coast Guard policy document, it was deter-
                                                                           and 12.15–5(3).                                                        mined that these particular hearing requirements should
                                                                       Changes within Table and corresponding paragraphs (b)                      be codified so that clear standards would be set.
                                                                           through (g):                                                        TABLE:
                                                                       *The table was added, but contains no new substantive re-               *The elements contained in the table all exist within the
                                                                           quirements than those that exist elsewhere in the sec-                 regulatory text. The table would be added to provide the
                                                                           tion.                                                                  public with a simple, quick reference to determine those
                                                                       *The table differentiates between vision test, hearing test,               elements that apply to each particular endorsement
                                                                           general medical exam and physical exam.                                sought.
                                                                       *Staff officers are required to obtain a physical exam.                 *Although both medical exams (currently referred to as
                                                                                                                                                  medical fitness) and demonstrations of physical ability
                                                                                                                                                  are both technically required under the current regula-
                                                                                                                                                  tions, this is not clearly expressed. The demonstration of
                                                                                                                                                  physical ability requirement is contained in the STCW
                                                                                                                                                  Code which is incorporated by reference instead of re-
                                                                                                                                                  stated in the regulations. In the interest of clarity the
                                                                                                                                                  Coast Guard proposes to add a chart and the specific
                                                                                                                                                  language of the STCW requirement for physical ability.
                                                                                                                                               *The proposed requirement for staff officers to receive a
                                                                                                                                                  physical exam is based upon the incorporation by ref-
                                                                                                                                                  erence of STCW for § 10.205. The § 10.205(d) exception
                                                                                                                                                  for staff officers in the current regulations refers to the
                                                                                                                                                  general medical, vision, and hearing exams. The current
                                                                                                                                                  § 12.02–17 makes this requirement applicable for staff
                                                                                                                                                  officers (staff officers must hold an MMD).
                                            § 10.217 MMC Ap-           (b) Created the ability for the Coast Guard to designate                In the interest of providing better customer service, the
                                               plication and Ex-         other facilities, in addition to RECs, to provide MMC                   Coast Guard has been investigating the feasibility of of-
                                               amination Loca-           services to applicants.                                                 fering additional locations for credentialing services.
                                               tions.                                                                                            Some of the options considered have been establishing
                                                                                                                                                 collection/issuance services at other Coast Guard facili-
                                                                                                                                                 ties, or purchasing mobile live scan and any other tech-
                                                                                                                                                 nology necessary to allow for Coast Guard representa-
                                                                                                                                                 tives to visit more remote locations or otherwise travel.
                                                                                                                                                 This concept is expected to grow with the reduced reli-
                                                                                                                                                 ance on RECs through the removal of the appearance
                                                                                                                                                 requirement proposed by this rule. This concept is, how-
                                                                                                                                                 ever, still in development and only the legal authority is
sroberts on PROD1PC70 with PROPOSALS




                                                                                                                                                 created here in this regulation. At this time, only the
                                                                                                                                                 RECs will offer credentialing services.




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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                29477

                                                   Location                                       Proposed change                                                         Reason for proposed change

                                            § 10.219   Fees. .......   Minor edits made to table .....................................................    Minor edits are proposed for the tables in §§ 12.08–18 and
                                                                       (e)(2) One examination fee will be charged for each exam                             10.109. The fee structure was essentially retained, with
                                                                         or series of exams for an original, raise in grade, or re-                         the only changes being the renaming of the various en-
                                                                         newal of an endorsement on an MMC taken within one                                 dorsements that may be obtained vice references to
                                                                         year from the date of the application approval. An exam-                           MMD, License, COR, or STCW Endorsement. The over-
                                                                         ination fee will also be charged to process an open book                           all user fees would remain the same except for the re-
                                                                         exercise used to renew an MMC.                                                     duction in issuance fees that would occur since under
                                                                       (e)(3) Only one issuance fee will be charged for each MMC                            the current regulations, a $45 issuance fee is charged
                                                                         application.                                                                       for each of the three credentials issued (no fee is
                                                                       (g) A $5,000 civil penalty will be imposed against anyone                            charged for the STCW Endorsement), and the proposed
                                                                         who fails to pay a fee or charge established under this                            regulations will only charge the $45 issuance fee once
                                                                         subpart.                                                                           as there is only one credential that would be issued.
                                                                                                                                                          (e)(2) These two sentences were added for clarification.
                                                                                                                                                            Currently there is an inconsistency in how the RECs
                                                                                                                                                            charge examination fees. This clarification is intended to
                                                                                                                                                            create uniformity, and uses the interpretation that has al-
                                                                                                                                                            ways been applied by the National Maritime Center. One
                                                                                                                                                            fee covers a series of exams.
                                                                                                                                                          (e)(3) Now that there would only be one credential issued
                                                                                                                                                            instead of 4 ((1) the MMD; (2) the License; (3) the COR;
                                                                                                                                                            and (4) the STCW Certificate), there would no longer
                                                                                                                                                            need to be an issuance fee for multiple credentials. The
                                                                                                                                                            issuance fee would only be charged each time that a
                                                                                                                                                            new MMC is issued. That means that it would be
                                                                                                                                                            charged upon the issuance of the original MMC, when-
                                                                                                                                                            ever a new MMC must be issued with new endorse-
                                                                                                                                                            ments, and any other time that a new MMC must be
                                                                                                                                                            printed unless an exemption appears elsewhere in the
                                                                                                                                                            regulations.
                                                                                                                                                          (g) This $5,000 civil penalty already exists for officers
                                                                                                                                                            under the current § 10.111, however, there is no cor-
                                                                                                                                                            responding penalty for ratings in the fee structure under
                                                                                                                                                            part 12. Since the statute setting forth the penalty in 46
                                                                                                                                                            U.S.C. 2110(e) does not limit the penalty to officers, and
                                                                                                                                                            now that ratings and officers would be all covered on the
                                                                                                                                                            same credential, for uniformity of application, and to un-
                                                                                                                                                            derscore the importance of paying the fee for the cre-
                                                                                                                                                            dential the civil penalty would now apply to all mariners.
                                            § 10.221 Applica-          With the exception of OUPVs, only U.S. citizens may re-                            The Coast Guard will no longer be in the business of col-
                                               tions submitted by       ceive officer endorsements, and only legal resident                                 lecting proofs of nationality and alien status. All of this in-
                                               aliens.                  aliens may receive MMCs.                                                            formation will be collected by TSA and shared electroni-
                                                                                                                                                            cally with the Coast Guard. By statute (46 U.S.C. 7102)
                                                                                                                                                            only U.S. citizens may qualify for officer endorsements
                                                                                                                                                            (Licenses or Certificates of Registry). The requirement
                                                                                                                                                            that aliens must have legal resident status is also not a
                                                                                                                                                            new change to the regulations. The citizenship exemp-
                                                                                                                                                            tion for OUPVs, as well, is a carry over from the current
                                                                                                                                                            regulations.
                                            § 10.223 Modifica-         Taken from § 10.215, expanded from limitations on li-                              Substance transferred from the current § 10.215. Ref-
                                               tion or Removal of        censes to all endorsements.                                                        erences to limitations on a license were expanded to
                                               Limitations.                                                                                                 ‘‘endorsements’’ to include officer endorsements as well
                                                                                                                                                            as STCW Endorsements.
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                                            29478                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                   Location                                     Proposed change                                               Reason for proposed change

                                            § 10.225 Issuance          (b) The oath requirements for officers and ratings would be             (b) The elements of the oath requirements currently set out
                                               of Merchant Mar-          combined and they could be taken before a notary pub-                   in parts 10 and 12 would be combined to create a single
                                               iner Credentials.         lic, rather than in front of an REC employee.                           oath to be taken by all mariners. This combined oath
                                                                       (d) An exception for lost or stolen credentials was added to              meets the requirements of 46 U.S.C. 7105 and 46
                                                                         the requirement to return the previously issued credential              U.S.C. 7305. The oath may now be taken before a no-
                                                                         when a new one is issued.                                               tary public, not by an REC employee. The applicant
                                                                                                                                                 would be able to be sworn in by any notary public and
                                                                                                                                                 have his or her written, verified oath mailed to the REC.
                                                                                                                                                 This change would meet the requirements stated in the
                                                                                                                                                 U.S.C., as well as create conformity in the RECs. Prior
                                                                                                                                                 to this rulemaking, some RECs required applicants to
                                                                                                                                                 take the oath at RECs and others allowed the oath to be
                                                                                                                                                 taken before a notary public. In addition, removal of the
                                                                                                                                                 appearance requirement for the oath removes the need
                                                                                                                                                 for an applicant to make another appearance at the
                                                                                                                                                 RECs to receive their MMC after their application is ap-
                                                                                                                                                 proved.
                                                                                                                                               As long as the mariner’s identity and citizenship can be es-
                                                                                                                                                 tablished from either information submitted by TSA or in-
                                                                                                                                                 formation submitted by the applicant by a visit to the
                                                                                                                                                 REC at the time of application, an additional visit to an
                                                                                                                                                 REC at the time of MMC issuance is unnecessary. The
                                                                                                                                                 MMC is a qualification document; it would not serve as
                                                                                                                                                 an identification credential. TSA will fully vet TWIC appli-
                                                                                                                                                 cants to verify identity and national security risk. An
                                                                                                                                                 MMC would not be valid without a valid TWIC. The mari-
                                                                                                                                                 ner’s fingerprints, photograph, and citizenship/alien docu-
                                                                                                                                                 ments would be provided to the Coast Guard by TSA.
                                                                                                                                                 Under the current regulations, as long as an individual
                                                                                                                                                 has already taken the oath, they are not required to re-
                                                                                                                                                 turn to an REC to receive their credential. Credentials for
                                                                                                                                                 renewals, raises in grade, and duplicates are currently
                                                                                                                                                 issued to the mariner through the mail.
                                                                                                                                               (d) Change made for clarity and to remove impossible re-
                                                                                                                                                 quirement.
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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                   29479

                                                   Location                                     Proposed change                                                Reason for proposed change

                                            § 10.227 Require-          (a) Applicants for renewal must meet the requirements of                (a) Because § 10.209 includes application requirements for
                                               ments for Renewal.         this section in addition to the requirements in § 10.209.               renewal, duplicate, and raises in grade as well as origi-
                                                                       (c) Approved applications are valid for 12 months from the                 nals, those requirements contained in 10.209 need not
                                                                          date of approval.                                                       be restated here.
                                                                       (h) The reference to § 10.202 and (l)(m)(n)and (o) of                   (c) Added for clarity. The current regulations state that ap-
                                                                          § 10.205 was removed and replaced with a reference to                   proved applications are valid for 12 months, but does not
                                                                          § 11.202.                                                               state when that 12 month period begins.
                                                                       (i) Mariners seeking to renew their credentials for continuity          (h) The reference to § 11.202 was made to update the cita-
                                                                          purposes only will now receive a Certificate of Continuity              tion to reflect the change to part 11 and the consolida-
                                                                          in lieu of a notation for inactive renewal.                             tion of the STCW portions of the pre-existing § § 10.202
                                                                                                                                                  and 10.205 into § 11.202. Only the reference would be
                                                                                                                                                  changed, the actual requirement would remain the same.
                                                                                                                                               (i) It is recognized that some mariners maintain their cre-
                                                                                                                                                  dentials and/or qualifications for continuity purposes only.
                                                                                                                                                  This was permitted under the previous regulatory
                                                                                                                                                  scheme for both Licenses and MMDs under 46 CFR
                                                                                                                                                  10.209(g) and 12.02–27(g) respectively. The new re-
                                                                                                                                                  quirement in 46 U.S.C. 70105 states that all mariners
                                                                                                                                                  issued a License, Certificate of Registry, or Merchant
                                                                                                                                                  Mariner’s Document under 46 U.S.C. Subitle II part E
                                                                                                                                                  must be issued a valid TWIC if they pass the mandatory
                                                                                                                                                  security screening.
                                                                                                                                               This regulation proposes to retain the existing option for
                                                                                                                                                  mariners to renew for continuity purposes only. As pro-
                                                                                                                                                  posed in this regulation, mariners who renew their cre-
                                                                                                                                                  dentials for continuity only would obtain a certificate of
                                                                                                                                                  continuity. A certificate of continuity would serve as a re-
                                                                                                                                                  ceipt acknowledging that the mariner has performed
                                                                                                                                                  some of the application requirements, and would not
                                                                                                                                                  allow the holder to serve in a credentialed capacity. This
                                                                                                                                                  certificate is not a License, Certificate of Registry, or
                                                                                                                                                  Merchant Mariner’ Document for purposes of part E of
                                                                                                                                                  subtitle II of 46 USC, and would not grant its holder the
                                                                                                                                                  right to serve as a mariner holding one of those creden-
                                                                                                                                                  tials. As such, mariners who maintain their qualifications
                                                                                                                                                  solely for purposes of continuity, will not be subject to 46
                                                                                                                                                  U.S.C. 70105, and not be required to obtain a TWIC.
                                                                                                                                               Mariners holding a certificate of continuity who wish to
                                                                                                                                                  renew their credentials must obtain a valid TWIC in addi-
                                                                                                                                                  tion to satisfying the basic renewal requirements applica-
                                                                                                                                                  ble to all mariners.
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                                            29480                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                   Location                                     Proposed change                                                Reason for proposed change

                                            § 10.229 Issuance          (a) Proposes to add a requirement that the Coast Guard                  (a) Since the proposed DHS TWIC rule and 46 U.S.C.
                                               of Duplicate Mer-          confirm that the mariner holds a valid TWIC before                      § 70105 require that all credentialed mariners must hold
                                               chant Mariner Cre-         issuing a duplicate credential.                                         a valid TWIC, the Coast Guard proposes to make the
                                               dentials.               (b):                                                                       validity of the MMC dependent upon whether the holder
                                                                       Instead of setting forth specific language that must appear                also holds a valid TWIC. With this new language, no
                                                                          on a duplicate MMC, the regulation sets out information                 MMC would be valid without a valid TWIC. Therefore,
                                                                          about the replaced credential that must appear on the                   the Coast Guard would confirm that the applicant holds a
                                                                          duplicate.                                                              valid TWIC before issuing an MMC.
                                                                       After the effective date of this rule, all duplicate credentials        (b):
                                                                          issued will be in the form of MMCs.                                  The current regulations state that the duplicate will state
                                                                       It establishes how the RECs are to determine expiration                    ‘‘This Merchant Mariner Document (or License, etc.) re-
                                                                          date if the mariner seeks duplicates of more than one                   places Merchant Mariner Document Number—issued
                                                                          credential within the 5 year transition period.                         at—on the above date.’’ Since the Coast Guard would
                                                                       (f) Criminal record reviews are required for all applicants                no longer be issuing MMDs or Licenses, specific lan-
                                                                          seeking duplicate credentials.                                          guage that would appear on the credential is unneces-
                                                                                                                                                  sary so long as the credential references the serial num-
                                                                                                                                                  ber, type, place of issue, and date of issue of the re-
                                                                                                                                                  placed credential(s).
                                                                                                                                               On the effective date of this rule, mariners will be holding
                                                                                                                                                  valid MMDs, Licenses, CORs, and STCW Endorsements
                                                                                                                                                  for up to five years. The Coast Guard will phase in the
                                                                                                                                                  new MMC over that five-year period. The Coast Guard
                                                                                                                                                  will no longer be issuing those other credentials after the
                                                                                                                                                  effective date of this rule, the duplicate credential issued
                                                                                                                                                  will be in the form of an MMC.
                                                                                                                                               In the five years following the effective date of this rule,
                                                                                                                                                  mariners will continue to hold their multiple credentials
                                                                                                                                                  until their date of expiration. These credentials may not
                                                                                                                                                  have matching expiration periods. If, before a mariner re-
                                                                                                                                                  ceives his or her first MMC, he or she requests a dupli-
                                                                                                                                                  cate of more than one MMD, License, COR or STCW
                                                                                                                                                  Certificate, unless the mariner renews all credentials, the
                                                                                                                                                  duplicate MMC will reflect the earliest expiration date of
                                                                                                                                                  the credentials combined on the MMC. This will prevent
                                                                                                                                                  mariners from obtaining an extension of their expiration
                                                                                                                                                  dates through the application for duplicates.
                                                                                                                                               (f) In the current regulations, criminal record reviews are
                                                                                                                                                  required for duplicate Licenses, but not MMDs. A resolu-
                                                                                                                                                  tion of this difference in requirements is necessary to
                                                                                                                                                  consolidate the credentials. We propose to conduct
                                                                                                                                                  criminal record reviews prior to the issuance of any du-
                                                                                                                                                  plicate credential, to protect the integrity of the mariner
                                                                                                                                                  credentialing process. It has been deemed important for
                                                                                                                                                  the Coast Guard to be able to re-review the criminal
                                                                                                                                                  record of individuals who seek duplicate credentials to
                                                                                                                                                  identify those who may be seeking additional credentials
                                                                                                                                                  for an improper use.
                                            § 10.231 Require-          (c)(2) Included ‘‘or other Coast Guard-designated facility’’            This is to allow for the Coast Guard to enroll mariners at
                                               ments for raises of        to the requirement that the application be submitted to                 locations other than RECs should this alternate option be
                                               grade for officer          the REC.                                                                exercised by the Coast Guard in the future.
                                               endorsements.           This section contains only those application requirements               The requirements that would be removed from this section
                                                                          that are required in addition to those in § 10.209 for                  are still required for all applicants, including raises in
                                                                          raises of grade.                                                        grade. The way that this part has been written, however,
                                                                                                                                                  sets forth the application requirements for all applicants
                                                                                                                                                  (original, renewal, duplicate, and raise in grade) in
                                                                                                                                                  § 10.209 and this section contains only those ADDI-
                                                                                                                                                  TIONAL requirements for raises in grade. Applicants for
                                                                                                                                                  raises in grade must also satisfy the requirements of
                                                                                                                                                  § 10.209. To repeat these requirements here would have
                                                                                                                                                  been duplicative.
                                            § 10.233 Obliga-           (b) Lost credentials may be reported to any Coast Guard                 (b) This change is proposed for the convenience of the
                                               tions of the Holder        office, not necessarily to an Officer in Charge, Marine In-             mariner to allow them to report the loss at a larger num-
                                               of a Merchant Mar-         spection (OCMI).                                                        ber of locations.
                                               iner Credential.        (c) Invalid credentials must be returned to the Coast Guard             (c) To support suspension-and-revocation actions, when a
                                                                          upon request.                                                           credential is invalid the mariner must return it to the
                                                                                                                                                  Coast Guard upon request.
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                                                                           Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                29481

                                                    Location                                     Proposed change                                               Reason for proposed change

                                            § 10.235 Suspen-               (b) The requirements in this paragraph are essentially the           (b) This sentence was proposed to account for the fact that
                                               sion or Revocation            same as the current regulatory text except that the fol-             a mariner could hold one document that contains both
                                               of Merchant Mar-              lowing was added: ‘‘When an officer endorsement is re-               officer and rating endorsements, and a mariner could
                                               iner Credentials.             voked, the Coast Guard will issue an MMC containing                  have their officer endorsement revoked for reasons that
                                                                             any rating endorsement for which the holder is qualified.’’          would not result in the revocation of a rating endorse-
                                                                           (g) Added: ‘‘If the Coast Guard is advised by the Transpor-            ment. To protect against an inadvertent revocation of all
                                                                             tation Security Administration that a mariner’s TWIC has             endorsements for acts that would otherwise only result in
                                                                             been revoked, the mariner’s credential will immediately              the revocation of an officer endorsement, a provision
                                                                             become invalid. If a credential is invalidated in this man-          was proposed that the Coast Guard will issue an MMC
                                                                             ner, the Coast Guard will notify the applicant in writing of         containing those rating endorsements for which the hold-
                                                                             the invalidation, the reason for the invalidation, and their         er remains qualified.
                                                                             right of appeal.’’                                                 (g) An MMC would be invalid unless the mariner also holds
                                                                                                                                                  a valid TWIC. In its proposed TWIC rule, TSA estab-
                                                                                                                                                  lishes a TWIC appeals process. All appeals regarding
                                                                                                                                                  the revocation of a TWIC would be handled by TSA
                                                                                                                                                  under that appeals process. After the completion of their
                                                                                                                                                  appeals process, TSA would notify the Coast Guard that
                                                                                                                                                  a mariner’s TWIC has been revoked. No action would be
                                                                                                                                                  taken against a mariner’s MMC by the Coast Guard until
                                                                                                                                                  the TSA appeals process has been completed. Mariners
                                                                                                                                                  would already have been through an appeals process for
                                                                                                                                                  the reason the TWIC was revoked, so those issues
                                                                                                                                                  would not be considered by the Coast Guard. The
                                                                                                                                                  issuance of the TWIC is purely a TSA function. If there is
                                                                                                                                                  some other basis on which the mariner seeks appeal of
                                                                                                                                                  the resultant revocation of their MMC, they could exer-
                                                                                                                                                  cise their right of appeal pursuant to subpart 1.03 of title
                                                                                                                                                  46.

                                                                            THE FOLLOWING WOULD OCCUR IN § 12.03–1 TO END, § 10.301 TO END, OR PART 15

                                            §§ 10.464(g),                  (Section references do not reflect the movement of part 10           These sections would be removed in their entirety because
                                               10.465(f), 10.476,            to part 11.) Deleted.                                                they have been overcome by time or previous changes
                                               10.603(b),                                                                                         in regulation and either no longer need to be retained or
                                               10.805(b), 12.02–                                                                                  contain references to documents no longer issued by the
                                               3(a), 12.02–5(a)                                                                                   Coast Guard.
                                               and (b), 12.02–11,
                                               12.05–7(c) and (d),
                                               15.610(b) and (c).
                                            § 12.05–3 ..................   (a) (2) Added a reference to both physical and medical ex-           Change made to conform to the changes proposed in the
                                                                             aminations.                                                          new § 10.215.



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


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                                            29482                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

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


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                           29483

                                            TWIC enrollment center, but that cost is                C. Assistance for Small Entities                      oath, and receive their MMC in the mail.
                                            associated with the TWIC rule, not with                    Under section 213(a) of the Small                  Mariners would no longer be required to
                                            this rule. The overall cost for mariners                Business Regulatory Enforcement                       travel to an REC to apply for and receive
                                            associated with this rulemaking would                   Fairness Act of 1996 (Pub. L. 104–121),               any credentials. See the Assessment
                                            decrease or remain the same and would                   we offer to assist small entities in                  discussion in the ‘‘Regulatory
                                            serve to provide more flexibility to                    understanding the proposed rule so that               Evaluation’’ section for more
                                            mariners since there would be more                      they could better evaluate its effects on             information about the potential impacts
                                            TWIC enrollment centers than RECs, so                                                                         to merchant mariners from this
                                                                                                    them and participate in the rulemaking.
                                            the distance required and the amount of                                                                       rulemaking.
                                                                                                    If this proposed rule would affect your
                                            time spent traveling would be reduced.                                                                           This rulemaking would require an
                                                                                                    small business, organization, or
                                            Based on the percentages above, 60                                                                            MMC application form, similar to the
                                                                                                    governmental jurisdiction and you have
                                            percent of the mariners that live within                                                                      application forms for Licenses and
                                                                                                    questions concerning its provisions or
                                            one-day roundtrip travel would                                                                                STCWs. The Coast Guard is in the
                                                                                                    options for compliance, please contact
                                            potentially receive the economic                                                                              process of developing this form and will
                                                                                                    the individuals listed in above in the
                                            benefits of having a TWIC enrollment                                                                          revise the collection prior to issuance.
                                                                                                    section titled FOR FURTHER INFORMATION                   As defined in 5 CFR 1320.3(c),
                                            center located closer to them than one                  CONTACT.
                                            of the current RECs. The remaining 30                                                                         ‘‘collection of information’’ comprises
                                                                                                       Small businesses may send comments                 reporting, recordkeeping, monitoring,
                                            percent of mariners that live within an                 on the actions of Federal employees
                                            overnight round-trip travel and the 10                                                                        posting, labeling, and similar actions.
                                                                                                    who enforce, or otherwise determine                   The title and description of the
                                            percent of mariners that live a distance                compliance with Federal regulations to
                                            greater than an overnight roundtrip                                                                           collection of information, a description
                                                                                                    the Small Business and Agriculture                    of those who must collect the
                                            travel have an increased likelihood of                  Regulatory Enforcement Ombudsman
                                            having a TWIC enrollment center                                                                               information, and an estimate of the
                                                                                                    and the Regional Small Business                       proposed changes to annual burden
                                            located closer to them than one of the                  Regulatory Fairness Boards. The
                                            current RECs and would potentially                                                                            follow.
                                                                                                    Ombudsman evaluates these actions                        Title: Continuous Discharge Book,
                                            receive an even greater benefit in travel               annually and rates each agency’s
                                            cost savings from this proposed rule.                                                                         Merchant Mariner Application, Physical
                                                                                                    responsiveness to small business. If you              Examination Report, Sea Service Report,
                                            B. Regulatory Flexibility Act                           wish to comment on actions by                         Chemical Testing, and Entry Level
                                                                                                    employees of the Coast Guard, call 1–                 Physical Report.
                                               Under the Regulatory Flexibility Act                 888–REG–FAIR (1–888–734–3247).
                                            (5 U.S.C. 601–612), we have considered                                                                           OMB Control Number: 1625–0040.
                                                                                                    D. Collection of Information                             Agency Form Numbers: CG–719A,
                                            whether this proposed rule would have
                                                                                                                                                          CG–719B, CG–719K, CG–719S, CG–
                                            a significant economic impact on a                        This proposed rule would call for a                 719P, and CG–719K/E.
                                            substantial number of small entities.                   collection of information under the                      Summary of the Currently Approved
                                            The term ‘‘small entities’’ comprises                   Paperwork Reduction Act of 1995, Title                Collection of Information: In accordance
                                            small businesses, not-for-profit                        44, United States Code (44 U.S.C.)                    with 46 U.S.C. and 46 CFR, this
                                            organizations that are independently                    sections 3501–3520. This rulemaking                   collection of information is necessary to
                                            owned and operated and are not                          would require modifying the burden in                 determine competency, character, and
                                            dominant in their fields, and                           the collection currently approved by the              physical qualifications for the issuance
                                            governmental jurisdictions with                         Office of Management and Budget                       of Coast Guard licenses, CORs, and
                                            populations of less than 50,000.                        (OMB) under OMB Control Number                        merchant mariner documents.
                                               We do not expect this proposed rule                  1625–0040.                                               Summary of the Modification to the
                                            to have a significant impact on a large                   This proposed rulemaking changes                    Currently Approved Collection of
                                            number of small entities. This                          certain requirements in Title 46, Code of             Information: This proposed rulemaking
                                            rulemaking consolidates the number of                   Federal Regulations (46 CFR) parts 10,                would reduce the collection of
                                            credentials merchant mariners must                      12, 13, 14, and 15 for the form on which              information requirements in 46 CFR
                                            carry and streamlines the application                   the mariner’s qualifications appear and               parts 10, 12, 13, 14, and 15 for License,
                                            process in a way that would help                        the credential that would serve as the                MMD, STCW Endorsement, and COR
                                            prevent abuse, reduce cost and assist the               mariner’s primary identification                      applicants. These new provisions would
                                            Coast Guard in its effort to help secure                credential.                                           no longer require applicants to spend
                                            U.S. marine infrastructure, commercial                    This proposed rulemaking would                      time traveling to and from an REC, nor
                                            activities, and the free flow of trade.                 consolidate the following four                        to spend time waiting at an REC.
                                               The Coast Guard certifies under 5                    credentials: The Merchant Mariner’s                      Need for Information: The Coast
                                            U.S.C. 605(b) that this proposed rule                   Document (MMD), the Merchant                          Guard will be receiving the information
                                            will not have a significant economic                    Mariner’s License (License), the                      required to process applications and
                                            impact on a substantial number of U.S.                  Certificate of Registry (COR), and the                verify the applicant’s identity from TSA.
                                            small entities. If you think that your                  Standards of Training, Certification and              It was determined that to require
                                            business, organization, or governmental                 Watchkeeping (STCW) Endorsement,                      applicants to travel to an REC to submit
                                            jurisdiction qualifies as a small entity                into a single document termed the                     this information again would be
                                            and that this rulemaking will have a                    Merchant Mariner Credential (MMC).                    duplicative and burdensome for those
                                            significant economic impact on it,                      This MMC would contain endorsements                   applicants.
                                            please submit a comment to the Docket                   on it setting forth those positions for                  Description of Respondents: The
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                                            Management Facility at the address                      which the mariner is qualified as well                current OMB-approved collection
                                            under ADDRESSES. In your comment,                       as biographic information about the                   requires certain applicants for original
                                            explain why you think your business                     mariner.                                              and subsequent issue credentials to
                                            qualifies and how and to what degree                      This rulemaking would also allow the                have their fingerprints taken and their
                                            this rulemaking would economically                      merchant mariner to mail in their                     IDs checked at an REC. However, this
                                            affect it.                                              application as well as their notarized                proposed rulemaking removes this


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                                            29484                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            travel requirement. Instead those                          We request public comment on the                   F. Unfunded Mandates Reform Act
                                            applicants will be able to mail in their                collection of information to help us                    The Unfunded Mandates Reform Act
                                            application and receive their MMC                       determine how useful the information                  of 1995 (2 U.S.C. 1531–1538) requires
                                            through the mail.                                       is; whether it can help us perform our                Federal agencies to assess the effects of
                                               Number of Respondents: The current                   functions better; whether it is readily               their discretionary regulatory actions. In
                                            OMB-approved number of respondents                      available elsewhere; how accurate our                 particular, the Act addresses actions
                                            is 200,000. This number would be                        estimate of the burden of collection is;              that may result in the expenditure by a
                                            increased to 205,000 based on the most                  how valid our methods for determining                 State, local, or tribal government, in the
                                            recent application data available from                  burden are; how we can improve the                    aggregate, or by the private sector of
                                            the National Maritime Center. This                      quality, usefulness, and clarity of the               $100,000,000 or more in any one year.
                                            increase is not a result of the proposed                information; and how we can minimize                  The Coast Guard does not expect this
                                            rule. It is a change to reflect recent                  the collection burden.                                rule to result in such an expenditure.
                                            growth in the merchant mariner                             If you submit comments on the
                                            industry.                                               collection of information, submit them                G. Executive Order 12630 (Taking of
                                               Frequency of Response: The current                   to both OMB and the Docket                            Private Property)
                                            OMB-approved number of responses is                     Management Facility where indicated                     This proposed rule will not effect a
                                            73,294 each year. This proposed                         under ADDRESSES, by the date under                    taking of private property or otherwise
                                            rulemaking would decrease the annual                    DATES.                                                have taking implications under
                                            number by 23,294, to 50,000.                               You need not respond to a collection               Executive Order 12630, Governmental
                                               Burden of Response Time from                         of information unless it displays a                   Actions and Interference with
                                            Revision of Collection: The burden of                   currently valid control number from                   Constitutionally Protected Property
                                            response time from this rule on certain                 OMB. Before the requirements for this                 Rights.
                                            applicants for MMCs will be reduced to                  collection of information become                      H. Executive Order 12988 (Civil Justice
                                            include only the time spent filling out                 effective, we will publish notice in the              Reform)
                                            and mailing the application. Previously,                Federal Register of OMB’s decision to
                                            the burden of response included the                     approve, modify, or disapprove the                       This proposed rule meets applicable
                                            travel time to and from an REC and the                  collection.                                           standards in sections 3(a) and 3(b)(2) of
                                            time spent at an REC in order to have                                                                         Executive Order 12988, Civil Justice
                                                                                                    E. Executive Order 13132 (Federalism)                 Reform, to minimize litigation,
                                            their fingerprints taken and IDs
                                            checked. The time for one day of travel                    This rule will not have substantial                eliminate ambiguity, and reduce
                                            was estimated to be eight hours and the                 direct effects on the States, on the                  burden.
                                            time spent at an REC center was                         relationship between the National                     I. Executive Order 13045 (Protection of
                                            estimated at two hours. All of the time                 Government and the States, or on the                  Children)
                                            that applicants currently spend                         distribution of power and
                                                                                                                                                             We have analyzed this proposed rule
                                            traveling to and from and waiting at an                 responsibilities among the various
                                                                                                                                                          under Executive Order 13045,
                                            REC would be removed with this                          levels of government. Therefore, in
                                                                                                                                                          Protection of Children from
                                            proposed rulemaking.                                    accordance with section 6 of Executive
                                                                                                                                                          Environmental Health Risks and Safety
                                               Estimate of Total Annual Burden                      Order 13132, the Coast Guard certifies
                                                                                                                                                          Risks. This proposed rule is not an
                                            Hours: OMB recently approved an                         that this proposed rule does not have
                                                                                                                                                          economically significant rule and does
                                            emergency temporary extension of the                    sufficient federalism implications to
                                                                                                                                                          not create an environmental risk to
                                            collection of information for the                       warrant the preparation of a federalism
                                                                                                                                                          health or safety that may
                                            Licensing rulemaking, which increased                   summary impact statement.
                                                                                                                                                          disproportionately affect children.
                                            the annual burden hours to 329,356.                        The law is well settled that States may
                                            This proposed rulemaking would                          not regulate in categories expressly                  J. Executive Order 13175 (Indian Tribal
                                            reduce that number by 307,481 annual                    reserved for regulation by the Coast                  Governments)
                                            hours. This is due to the removal of the                Guard. The law also is well settled that                 This proposed rule does not have
                                            travel requirements and the REC waiting                 all of the categories covered in 46 U.S.C.            tribal implications under Executive
                                            and processing time. The total number                   3306, 3703, 7101, and 8101 (design,                   Order 13175, Consultation and
                                            of annual hours would be reduced to                     construction, alteration, repair,                     Coordination with Indian Tribal
                                            21,875.                                                 maintenance, operation, equipping,                    Governments because it does not have a
                                               Estimate of Total Annual Burden                      personnel qualification, and manning of               substantial direct effect on one or more
                                            Cost: Recent revisions from the                         vessels), as well as the reporting of                 Indian tribes, on the relationship
                                            Licensing rule changed the total annual                 casualties and any other category in                  between the Federal Government and
                                            operations & maintenance (O&M)                          which Congress intended the Coast                     Indian tribes, or on the distribution of
                                            burden cost reported in the current                     Guard to be the sole source of a vessel’s             power and responsibilities between the
                                            OMB-approved collection to                              obligations, are within the field                     Federal Government and Indian tribes.
                                            approximately $16 million. Since this                   foreclosed from regulation by the States.
                                            rule would no longer require certain                    See United States v. Locke and                        K. Executive Order 13211 (Energy
                                            applicants to travel to and from an REC                 Intertanko v. Locke, 529 U.S. 89, 120 S.              Effects)
                                            and to wait at an REC while processing                  Ct. 1135 (March 6, 2000). Since this                    The Coast Guard has analyzed this
                                            fingerprints and IDs, there would be a                  proposed rule involves the credentialing              rule under Executive Order 13211,
                                            reduction in the associated reporting                   of merchant mariners, it relates to                   Actions Concerning Regulations That
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                                            cost burden. This proposed rulemaking                   personnel qualifications and is                       Significantly Affect Energy Supply,
                                            will decrease the annual cost burden by                 foreclosed from regulation by the States.             Distribution, or Use. We have
                                            approximately $16 million. There                        Because the States may not regulate                   determined that it is not a ‘‘significant
                                            would not be a total annual O&M                         within this category, this rule does not              energy action’’ under that Order. This
                                            burden cost reported for the revised                    present new preemption issues under                   rule would affect only the issuance of
                                            OMB-approved collection.                                Executive Order 13132.                                credentials to merchant mariners and


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                           29485

                                            therefore is not likely to have a                       33 CFR Part 20                                        46 CFR Part 1
                                            significant adverse effect on the supply,
                                                                                                      Administrative practice and                           Administrative practice and
                                            distribution, or use of energy.
                                                                                                    procedure, Hazardous substances, Oil                  procedure, Organization and functions
                                               The Administrator of the Office of                   pollution, Penalties, Water pollution                 (Government agencies), Reporting and
                                            Information and Regulatory Affairs for                  control.                                              recordkeeping requirements.
                                            the Office of Management and Budget
                                            has not designated this proposed rule as                33 CFR Part 70                                        46 CFR Part 4
                                            a significant energy action. Therefore, it                Navigation (water) and Penalties.                     Administrative practice and
                                            does not require a Statement of Energy                                                                        procedure, Drug testing, Investigations,
                                            Effects under Executive Order 13211.                    33 CFR Part 95
                                                                                                                                                          Marine safety, Nuclear vessels,
                                            L. Technical Standards                                    Alcohol abuse, Drug abuse, Marine                   Radiation protection, Reporting and
                                                                                                    safety, and Penalties.                                recordkeeping requirements, Safety,
                                              The National Technology Transfer                                                                            Transportation.
                                            and Advancement Act (NTTAA) (15                         33 CFR Part 101
                                            U.S.C. 272 note) directs agencies to use                  Harbors, Maritime security, Reporting               46 CFR Part 5
                                            voluntary consensus standards in their                  and recordkeeping requirements,                         Administrative practice and
                                            regulatory activities unless the agency                 Security measures, Vessels, Waterways.                procedure, Alcohol abuse, Drug abuse,
                                            provides Congress, through the Office of                                                                      Investigations, Seamen.
                                            Management and Budget, with an                          33 CFR Part 110
                                            explanation of why using these                            Anchorage grounds.                                  46 CFR Part 10
                                            standards would be inconsistent with                                                                            Penalties, Reporting and
                                            applicable law or otherwise impractical.                33 CFR Part 125
                                                                                                                                                          recordkeeping requirements, Seamen,
                                            Voluntary consensus standards are                         Administrative practice and                         Transportation Worker Identification
                                            technical standards (e.g., specifications               procedure, Harbors, Reporting and                     Card.
                                            of materials, performance, design, or                   recordkeeping requirements, Security
                                            operation; test methods; sampling                       measures, Vessels.                                    46 CFR Part 11
                                            procedures; and related management
                                                                                                    33 CFR Part 141                                         Penalties, Reporting and
                                            systems practices) that are developed or
                                                                                                                                                          recordkeeping requirements, Schools,
                                            adopted by voluntary consensus                            Citizenship and naturalization,                     Seamen.
                                            standards bodies.                                       Continental shelf, Employment,
                                              This proposed rule does not use                       Reporting and recordkeeping                           46 CFR Part 12
                                            technical standards. Therefore, the                     requirements.
                                                                                                                                                            Penalties, Reporting and
                                            Coast Guard did not consider the use of                 33 CFR Part 155                                       recordkeeping requirements, Seamen.
                                            voluntary consensus standards.
                                                                                                      Alaska, Hazardous substances, Oil                   46 CFR Part 13
                                            M. National Environmental Policy Act                    pollution, Reporting and recordkeeping
                                                                                                    requirements.                                           Cargo vessels, Reporting and
                                               The Coast Guard has analyzed this                                                                          recordkeeping requirements, Seamen.
                                            proposed rule under Commandant                          33 CFR Part 156
                                            Instruction M16475.1D, which guides                                                                           46 CFR Part 14
                                            the Coast Guard in complying with the                     Hazardous substances, Oil pollution,
                                                                                                    Reporting and recordkeeping                             Oceanographic research vessels,
                                            National Environmental Policy Act of                                                                          Reporting and recordkeeping
                                            1969 (NEPA) (42 U.S.C. 4321–4370f).                     requirements, Water pollution control.
                                                                                                                                                          requirements, Seamen.
                                            We have concluded that there are no                     33 CFR Part 160
                                            factors in this case that would limit the                                                                     46 CFR Part 15
                                            use of a categorical exclusion under                      Administrative practice and
                                                                                                    procedure, Harbors, Hazardous                           Reporting and recordkeeping
                                            section 2.B.2 of the Instruction.                                                                             requirements, Seamen, Vessels.
                                            Therefore, we believe this rule should                  materials transportation, Marine safety,
                                            be categorically excluded from further                  Navigation (water), Reporting and                     46 CFR Part 16
                                            environmental documentation under                       recordkeeping requirements, Vessels,
                                                                                                    Waterways.                                              Drug testing, Marine safety, Reporting
                                            Figure 2–1, paragraph (34)(c) of the                                                                          and recordkeeping requirements, Safety,
                                            Instruction. This rule involves matters                 33 CFR Part 162                                       Transportation.
                                            of procedure only; it consolidates the
                                            credentials issued to merchant mariners                   Navigation (water) and Waterways.                   46 CFR Part 26
                                            and revises the application process for                 33 CFR Part 163                                         Marine safety, Penalties, Reporting
                                            issuing those credentials. An
                                                                                                      Cargo vessels, Harbors, Navigation                  and recordkeeping requirements.
                                            ‘‘Environmental Analysis Check List’’
                                            and a ‘‘Categorical Exclusion                           (water), Waterways.                                   46 CFR Part 28
                                            Determination’’ are available in the                    33 CFR Part 164                                         Alaska, Fire prevention, Fishing
                                            docket where indicated under
                                                                                                      Marine safety, Navigation (water),                  vessels, Marine safety, Occupational
                                            ADDRESSES.
                                                                                                    Reporting and recordkeeping                           safety and health, Reporting and
                                            List of Subjects                                        requirements, Waterways.                              recordkeeping requirements, Seamen.
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                                            33 CFR Part 1                                           33 CFR Part 165                                       46 CFR Part 30
                                              Administrative practice and                             Harbors, Marine safety, Navigation                    Cargo vessels, Foreign relations,
                                            procedure, Authority delegations                        (water), Reporting and recordkeeping                  Hazardous materials transportation,
                                            (Government agencies), Freedom of                       requirements, Security measures,                      Penalties, Reporting and recordkeeping
                                            information, Penalties.                                 Waterways.                                            requirements, Seamen.


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                                            29486                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            46 CFR Part 31                                          46 CFR Part 151                                       9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
                                                                                                                                                          section 1.01–70 also issued under the
                                              Cargo vessels, Marine safety,                            Cargo vessels, Hazardous materials                 authority of E.O. 12580, 3 CFR, 1987 Comp.,
                                            Reporting and recordkeeping                             transportation, Marine safety, Reporting              p. 193; and sections 1.01–80 and 1.01–85 also
                                            requirements.                                           and recordkeeping requirements, Water                 issued under the authority of E.O. 12777, 3
                                            46 CFR Part 35                                          pollution control.                                    CFR, 1991 Comp., p. 351.

                                              Cargo vessels, Marine safety,                         46 CFR Part 166                                       § 1.08–5   [Amended]
                                            Navigation (water), Occupational safety                   Schools, Seamen, Vessels.                              2. In § 1.08–5(b)(1), after the word
                                            and health, Reporting and                                                                                     ‘‘licensed’’, add the words ‘‘or
                                            recordkeeping requirements, Seamen.                     46 CFR Part 169
                                                                                                                                                          credentialed’’.
                                                                                                      Fire prevention, Marine safety,
                                            46 CFR Part 42
                                                                                                    Reporting and recordkeeping                           § 1.25–1   [Amended]
                                              Penalties, Reporting and                              requirements, Schools, Vessels.                          3. In § 1.25–1(a), remove the words
                                            recordkeeping requirements, Vessels.                                                                          ‘‘documents, certificates, or licenses’’
                                                                                                    46 CFR Part 175
                                            46 CFR Part 58                                                                                                and add, in their place, the words
                                                                                                      Marine safety, Passenger vessels,                   ‘‘merchant mariner credentials,
                                              Reporting and recordkeeping                           Reporting and recordkeeping
                                            requirements, Vessels.                                                                                        merchant mariner documents, licenses
                                                                                                    requirements.                                         or certificates’’.
                                            46 CFR Part 61                                          46 CFR Part 176
                                                                                                                                                          PART 20—RULES OF PRACTICE,
                                              Reporting and recordkeeping                             Fire prevention, Marine safety,                     PROCEDURE, AND EVIDENCE FOR
                                            requirements, Vessels.                                  Passenger vessels, Reporting and                      FORMAL ADMINISTRATIVE
                                            46 CFR Part 78                                          recordkeeping requirements.                           PROCEEDINGS OF THE COAST
                                              Marine safety, Navigation (water),                    46 CFR Part 185                                       GUARD
                                            Passenger vessels, Penalties, Reporting                   Marine safety, Passenger vessels,                     4. The authority citation for part 20
                                            and recordkeeping requirements.                         Reporting and recordkeeping                           continues to read as follows:
                                            46 CFR Part 97                                          requirements.                                           Authority: 33 U.S.C. 1321; 42 U.S.C. 9609;
                                              Cargo vessels, Marine safety,                         46 CFR Part 196                                       46 U.S.C. 7701, 7702; 49 CFR 1.46.
                                            Navigation (water), Reporting and                         Marine safety, Oceanographic                           5. In § 20.102—
                                            recordkeeping requirements.                             research vessels, Reporting and                          a. In the definition for ‘‘Complaint’’,
                                            46 CFR Part 98                                          recordkeeping requirements.                           after the word ‘‘merchant’’, add the
                                                                                                                                                          words ‘‘ mariner credential,’’;
                                               Cargo vessels, Hazardous materials                   46 CFR Part 199                                          b. In the definition for ‘‘Suspension
                                            transportation, Marine safety, Reporting                  Cargo vessels, Marine safety, Oil and               and revocation proceeding or S&R
                                            and recordkeeping requirements, Water                   gas exploration, Passenger vessels,                   proceeding’’, after the words ‘‘merchant
                                            pollution control.                                      Reporting and recordkeeping                           mariner’s’’, add the word ‘‘credential,’’;
                                            46 CFR Part 105                                         requirements.                                         and
                                              Cargo vessels, Fishing vessels,                       46 CFR Part 401                                          c. Add definitions for the terms
                                            Hazardous materials transportation,                                                                           ‘‘credential’’ and ‘‘Merchant Mariner
                                                                                                      Administrative practice and                         Credential or MMC’’, in alphabetical
                                            Marine safety, Petroleum, Seamen.                       procedure, Great lakes, Navigation                    order, to read as follows:
                                            46 CFR Part 114                                         (water), Penalties, Reporting and
                                                                                                    recordkeeping requirements, Seamen.                   § 20.102   Definitions.
                                              Marine safety, Passenger vessels,
                                            Reporting and recordkeeping                                                                                   *     *      *     *     *
                                                                                                    46 CFR Part 402
                                            requirements.                                                                                                   Credential means any or all of the
                                                                                                      Great Lakes, Navigation (water),                    following:
                                            46 CFR Part 115                                         Seamen.                                                 (1) Merchant mariner’s document.
                                              Fire prevention, Marine safety,                       The Amendments                                          (2) License.
                                            Passenger vessels, Reporting and                                                                                (3) STCW endorsement.
                                                                                                      For the reasons listed in the preamble,
                                            recordkeeping requirements.                                                                                     (4) Certificate of registry.
                                                                                                    the Coast Guard proposes to amend 33
                                            46 CFR Part 122                                         CFR parts 1, 20, 70, 95, 101, 110, 125,                 (5) Merchant mariner credential.
                                              Marine safety, Passenger vessels,                     141, 155, 156, 160, 162, 163, 164, and                *     *      *     *     *
                                            Penalties, Reporting and recordkeeping                  165; 46 CFR parts 1, 4, 5, 10, 12, 13, 14,              Merchant Mariner Credential or MMC
                                            requirements.                                           15, 16, 26, 28, 30, 31, 35, 42, 58, 61, 78,           means the qualification document for all
                                                                                                    97, 98, 105, 114, 115, 122, 125, 131, 151,            merchant mariners issued by the Coast
                                            46 CFR Part 125                                         166, 169, 175, 176, 185, 196, 199, 401                Guard under 46 CFR part 10. The
                                              Administrative practice and                           and 402; and in 46 CFR, add a new part                individual Merchant Mariner
                                            procedure, Cargo vessels, Hazardous                     11 as follows:                                        Document, License, and Certificate of
                                            materials transportation, Marine safety,                33 CFR Chapter I
                                                                                                                                                          Registry enumerated in 46 U.S.C.
                                            Seamen.                                                                                                       Subtitle II, Part E will be issued in the
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                                                                                                    PART 1—GENERAL PROVISIONS                             form of a Merchant Mariner Credential
                                            46 CFR Part 131                                                                                               (MMC). An MMC will combine the
                                              Cargo vessels, Fire prevention, Marine                  1. The authority citation for part 1                separate qualification documents
                                            safety, Navigation (water), Occupational                continues to read as follows:                         previously issued under 46 U.S.C.
                                            safety and health, Reporting and                          Authority: 14 U.S.C. 633; 33 U.S.C. 401,            Subtitle II, Part E and STCW
                                            recordkeeping requirements.                             491, 525, 1321, 2716, and 2716a; 42 U.S.C.            endorsements into a single certificate


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                    29487

                                            which will be endorsed to reflect a                     PART 70—INTERFERENCE WITH OR                          Document, License, and Certificate of
                                            mariner’s level of qualification.                       DAMAGE TO AIDS TO NAVIGATION                          Registry enumerated in 46 U.S.C.
                                            *    *     *     *     *                                                                                      Subtitle II, Part E will be issued in the
                                                                                                      11. The authority citation for part 70              form of a Merchant Mariner Credential
                                            § 20.904    [Amended]                                   continues to read as follows:                         (MMC). An MMC will combine the
                                               6. In § 20.904—                                        Authority: Secs. 14, 16, 30 Stat. 1152,             separate qualification documents
                                                                                                    1153; secs. 84, 86, 92, 633, 642, 63 Stat. 500,       previously issued under 46 U.S.C.
                                               a. In paragraph (e)(1) introductory                  501, 503, 545, 547 (33 U.S.C. 408, 411, 412;
                                            text, after the words ‘‘certificate of                                                                        Subtitle II, Part E and STCW
                                                                                                    14 U.S.C. 84, 86, 92, 633, 642).                      endorsements into a single certificate
                                            registry’’ remove the word ‘‘or’’; and,
                                            after the word ‘‘document’’, add the                                                                          which will be endorsed to reflect a
                                                                                                    § 70.05–10    [Amended]
                                            words ‘‘, credential, or endorsement’’;                                                                       mariner’s level of qualification.
                                                                                                      12. In § 70.05–10—
                                               b. In paragraph (e)(1)(i)(B), after the                                                                    *    *       *     *     *
                                                                                                      a. In the section heading, after the
                                            word ‘‘certificate’’ remove the word                    words ‘‘Revocation of’’, add the words                PART 110—ANCHORAGE
                                            ‘‘or’’; and, after the word ‘‘document’’,               ‘‘merchant mariner credential officer                 REGULATIONS
                                            add the words ‘‘, credential, or                        endorsement or’’; and
                                            endorsement’’;                                            b. In the text of the section, after the               18. The authority citation for part 110
                                               c. In paragraph (f) introductory text,               words ‘‘shall also have his’’, add the                is revised to read as follows:
                                            after the words ‘‘revocation of a’’, add                words ‘‘merchant mariner credential                     Authority: 33 U.S.C. 471, 1221 through
                                            the words ‘‘credential, endorsement,’’;                 officer endorsement or’’.                             1236, 2030, 2035, 2071; 33 CFR 1.05–1(g);
                                            and                                                                                                           Department of Homeland Security Delegation
                                                                                                    PART 95—OPERATING A VESSEL                            No. 0170.1.
                                               d. In paragraph (f)(1), after the words
                                                                                                    WHILE UNDER THE INFLUENCE OF
                                            ‘‘issuance of a new’’ remove the words
                                                                                                    ALCOHOL OR A DANGEROUS DRUG                           § 110.186    [Amended]
                                            ‘‘license, certificate, or document’’ and
                                            add, in their place the words ‘‘merchant                  13. Revise the authority citation for                  19. In § 110.186(b)(3), after the words
                                            mariner credential with appropriate                     part 95 to read as follows:                           ‘‘English speaking licensed’’, add the
                                            endorsement’’.                                                                                                words ‘‘or credentialed’’.
                                                                                                      Authority: 33 U.S.C. 2071; 46 U.S.C. 2302;
                                            § 20.1201   [Amended]                                   Department of Homeland Security Delegation            § 110.188    [Amended]
                                                                                                    No. 0170.1.
                                               7. In § 20.1201—                                                                                              20. In § 110.188(b)(10), after the word
                                              a. In paragraph (a), remove the word                  § 95.015    [Amended]                                 ‘‘licensed’’, add the words ‘‘or
                                            ‘‘merchant mariner’s license, certificate                  14. In § 95.015(b), remove the words               credentialed’’.
                                            of registry, or document’’ and add, in                  ‘‘a licensed individual’’ and add, in                 § 110.214    [Amended]
                                            their place, the words ‘‘mariner’s                      their place, the words ‘‘an officer’’.
                                            credential’’;                                                                                                    21. In § 110.214(a)(3)(i), after the word
                                                                                                    § 95.045    [Amended]                                 ‘‘licensed’’ add the words ‘‘or
                                              b. In paragraph (b) introductory text,                                                                      credentialed’’.
                                            before the words ‘‘license, certificate, or               15. In § 95.045 introductory text,
                                            document’’ wherever they appear, add                    remove the words ‘‘a licensed
                                                                                                                                                          PART 125—IDENTIFICATION
                                            the words ‘‘merchant mariner                            individual’’ and add, in their place, the
                                                                                                                                                          CREDENTIALS FOR PERSONS
                                            credential,’’; and                                      words ‘‘an officer’’.
                                                                                                                                                          REQUIRING ACCESS TO
                                              c. In paragraph (b)(2)(ii), after the                 PART 101—MARITIME SECURITY:                           WATERFRONT FACILITIES OR
                                            words ‘‘renewal of the’’, add the words                 GENERAL                                               VESSELS
                                            ‘‘merchant mariner credential,’’.
                                                                                                      16. The authority citation for part 101                22. The authority citation for part 125
                                            § 20.1202   [Amended]                                   continues to read as follows:                         is revised to read as follows:
                                               8. In § 20.1202(a), before the words                   Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.            Authority: R.S. 4517, 4518, secs. 19, 2, 23
                                            ‘‘license, certificate of registry, or                  Chapter 701; 50 U.S.C. 191, 192; Executive            Stat. 58, 118, sec. 7, 49 Stat. 1936, sec. 1, 40
                                            document’’, add the word ‘‘credential,’’.               Order 12656, 3 CFR 1988 Comp., p. 585; 33             Stat. 220; 46 U.S.C. 570–572, 2, 689, and
                                                                                                    CFR 1.057–1, 6.04–11, 6.14, 6.16, and 6.19;           70105; 50 U.S.C. 191, EO 10173, EO 10277,
                                            § 20.1205   [Amended]                                   Department of Homeland Security Delegation            EO 10352, 3 CFR, 1949–1953 Comp. pp. 356,
                                                                                                    No. 0170.1.                                           778, 873.
                                               9. In § 20.1205—
                                               a. In the section heading, before the                   17. In § 101.105—                                    23. In § 125.09, revise paragraph (f)
                                            words ‘‘license, certificate of registry, or               a. In the definitions for ‘‘Master’’ and           and add paragraph (g) to read as follows:
                                            document’’, add the words ‘‘merchant                    ‘‘Operator, Uninspected Towing
                                                                                                    Vessel’’, before the word ‘‘license’’                 § 125.09    Identification credentials.
                                            mariner credential,’’;                                                                                        *     *     *    *    *
                                                                                                    wherever it appears, add the words
                                               b. In paragraph (a), after the words                 ‘‘merchant mariner credential or’’; and                 (f) Transportation Worker
                                            ‘‘move that his or her’’, add the words                    b. Add a definition for the term                   Identification Credential.
                                            ‘‘merchant mariner credential,’’; and                   ‘‘Merchant Mariner Credential or MMC’’                  (g) Such other identification as may
                                               c. In paragraph (b), after the words                 to read as follows:                                   be approved by the Commandant from
                                            ‘‘return of the suspended’’, add the                                                                          time to time.
                                            word ‘‘credential,’’.                                   § 101.105    Definitions.
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                                                                                                    *    *     *    *     *                               PART 141—PERSONNEL
                                            § 20.1307   [Amended]                                     Merchant Mariner Credential or MMC
                                              10. In § 20.1307 paragraph (c)(2), after              means the qualification document for all                 24. The authority citation for part 141
                                            words ‘‘merchant mariner’s license’’,                   merchant mariners issued by the Coast                 is revised to read as follows:
                                            add the words ‘‘, merchant mariner                      Guard under 46 CFR part 10. The                         Authority: 43 U.S.C. 1356; 46 U.S.C.
                                            credential,’’.                                          individual Merchant Mariner                           70105; 49 CFR 1.46(z) .



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                                            29488                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 141.5    [Amended]                                    through 155.400, 155.430, 155.440, 155.470,             Authority: 33 U.S.C. 1231, 1321(j); 46
                                               25. In § 141.5(b)(1) remove the words                155.1030(j) and (k), and 155.1065(g) are also         U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
                                            ‘‘licensed officers, and unlicensed                     issued under 33 U.S.C. 1903(b). Sections              1975 Comp., p. 793. Section 156.120(bb) and
                                                                                                    155.480, 155.490, 155.750(e), and 155.775 are         (ee) are also issued under 46 U.S.C. 3703.
                                            crew’’ and add, in their place, the words               also issued under 46 U.S.C. 3703. Section
                                            ‘‘crew, and officers holding a valid                    155.490 also issued under section 4110(b) of          § 156.210    [Amended]
                                            license or MMC with officer                             Pub. L. 101–380.
                                            endorsement’’.                                                                                                   35. In § 156.210(d), remove the words
                                                                                                    § 155.110    [Amended]                                ‘‘a licensed individual’’ and add, in
                                            § 141.10   [Amended]                                                                                          their place, the words ‘‘an officer’’.
                                                                                                      31. Revise § 155.110 to read as
                                              26. In § 141.10, add a definition for                 follows:
                                            the term ‘‘Transportation Worker                                                                              PART 160—PORTS AND WATERWAYS
                                            Identification Credential’’ to read as                  § 155.110    Definitions.                             SAFETY—GENERAL
                                            follows:                                                  Except as specifically stated in a                    36. The authority citation for part 160
                                                                                                    section, the definitions in part 151 of               continues to read as follows:
                                            § 141.10   Definitions.
                                                                                                    this chapter, except for the word ‘‘oil’’,
                                            *    *      *    *     *                                                                                        Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
                                                                                                    and in part 154 of this chapter, apply to             Chapter 701; Department of Homeland
                                              Transportation Worker Identification                  this part. The following definition also              Security Delegation No. 0170.1. Subpart C is
                                            Credential or TWIC means an                             applies to this part:                                 also issued under the authority of 33 U.S.C.
                                            identification credential issued by the                   Merchant Mariner Credential or MMC                  1225 and 46 U.S.C. 3715.
                                            Transportation Security Administration                  means the qualification document for all
                                            according to 49 CFR part 1572.                          merchant mariners issued by the Coast                 § 160.113    [Amended]
                                            § 141.25   [Amended]
                                                                                                    Guard under 46 CFR part 10. The                        37. In § 160.113(b)(4), remove the
                                                                                                    individual Merchant Mariner                           word ‘‘licensed’’.
                                               27. In § 141.25—                                     Document, License, and Certificate of
                                               a. In paragraph (a) introductory text,               Registry enumerated in 46 U.S.C.                      PART 162—INLAND WATERWAYS
                                            remove the word ‘‘The’’ and add, in its                 Subtitle II, Part E will be issued in the             NAVIGATION REGULATIONS
                                            place, the words ‘‘For the purposes of                  form of a Merchant Mariner Credential
                                            this part, the’’; and                                   (MMC). An MMC will combine the                           38. The authority citation for part 162
                                               b. In paragraph (a)(1), before the                   separate qualification documents                      is revised to read as follows:
                                            words ‘‘merchant mariner’s document’’,                  previously issued under 46 U.S.C.                      Authority: 33 U.S.C. 1231; Department of
                                            add the word ‘‘valid’’, and remove the                  Subtitle II, Part E and STCW                          Homeland Security Delegation No. 0170.1.
                                            words ‘‘under 46 CFR Part 12’’.                         endorsements into a single certificate
                                               28. In § 141.30—                                                                                             39. Add a new § 162.5 to read as
                                                                                                    which will be endorsed to reflect a                   follows:
                                               a. In the introductory text, remove the
                                                                                                    mariner’s level of qualification.
                                            first appearance of the word ‘‘The’’ and                                                                      § 162.5    Definitions.
                                            add, in its place, the words ‘‘For the                  § 155.710    [Amended]
                                            purposes of this part, the’’;                                                                                   The following definition applies to
                                                                                                        32. In § 155.710—                                 this part:
                                               b. In paragraph (a), before the words                    a. In paragraph (a)(2), after the word
                                            ‘‘merchant mariner’s document’’, add                                                                            Merchant Mariner Credential or MMC
                                                                                                    ‘‘license’’, add the words ‘‘or officer
                                            the word ‘‘valid’’, and remove the words                                                                      means the qualification document for all
                                                                                                    endorsement’’;
                                            ‘‘under 46 CFR Part 12’’; and                               b. In paragraph (e)(1), remove the                merchant mariners issued by the Coast
                                               c. In paragraph (b), remove the words                words ‘‘a licensed person’’ and add, in               Guard under 46 CFR Part 10. The
                                            ‘‘Immigration and Naturalization                        their place, the words ‘‘an officer’’; after          individual Merchant Mariner
                                            Service’’ and add, in their place, the                  the words ‘‘holds a valid license’’, add              Document, License, and Certificate of
                                            words ‘‘Immigration and Customs                         the words ‘‘or merchant mariner                       Registry enumerated in 46 U.S.C.
                                            Enforcement Agency’’; and                               credential’’; remove the words ‘‘part 10’’            Subtitle II, Part E will be issued in the
                                               d. Add a new paragraph (d) to read as                and add, in their place, the words                    form of a Merchant Mariner Credential
                                            follows:                                                ‘‘chapter I, subchapter B,’’; and after the           (MMC). An MMC will combine the
                                                                                                    words ‘‘merchant mariner’s document’’,                separate qualification documents
                                            § 141.30   Evidence of status as a resident
                                                                                                    add the words ‘‘or merchant mariner                   previously issued under 46 U.S.C.
                                            alien.                                                                                                        Subtitle II, Part E and STCW
                                                                                                    credential’’;
                                            *     *     *    *    *                                     c. In paragraph (f), after the word               endorsements into a single certificate
                                              (d) A valid Transportation Worker                     ‘‘MMD’’, add the words ‘‘ or merchant                 which will be endorsed to reflect a
                                            Identification Credential.                              mariner credential’’; and after the words             mariner’s level of qualification.
                                            § 141.35   [Amended]                                    ‘‘either a license’’, add the words                   § 162.130    [Amended]
                                                                                                    ‘‘, officer endorsement,’’; and
                                              29. In § 141.35(a)(1), after the words                    d. In paragraph (g), after the words                 40. In § 162.130(c), in the definition
                                            ‘‘merchant mariner’s document’’, add                    ‘‘need not hold any of the’’, add the                 for ‘‘Master’’, after the words ‘‘means
                                            the words ‘‘, Transportation Worker                     words ‘‘merchant mariner credentials,’’.              the’’, remove the word ‘‘licensed’’; and,
                                            Identification Credential,’’.                                                                                 after the words ‘‘vessel not requiring’’,
                                                                                                    § 155.815    [Amended]                                remove the words ‘‘licensed personnel’’
                                            PART 155—OIL OR HAZARDOUS                                  33. In § 155.815(b), after the word                and add, in their place, the words
                                            MATERIAL POLLUTION PREVENTION                           ‘‘licensed’’ add the words ‘‘or                       ‘‘persons holding licenses or merchant
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                                            REGULATIONS FOR VESSELS                                 credentialed’’.                                       mariner credential officer
                                              30. The authority citation for part 155                                                                     endorsements’’.
                                            continues to read as follows:                           PART 156—OIL AND HAZARDOUS
                                                                                                    MATERIAL TRANSFER OPERATIONS                          PART 163—TOWING OF BARGES
                                              Authority: 33 U.S.C. 1231, 1321(j); E.O.
                                            11735, 3 CFR, 1971–1975 Comp., p. 793.                    34. The authority citation for part 156               41. The authority citation for part 163
                                            Sections 155.100 through 155.130, 150.350               continues to read as follows:                         continues to read as follows:


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                29489

                                              Authority: 33 U.S.C. 152, 2071; 49 CFR                merchant mariners issued by the Coast                 § 165.810    [Amended]
                                            1.46(n).                                                Guard under 46 CFR part 10. The                          51. In § 165.810(f)(1), remove the
                                            § 163.01   [Amended]                                    individual Merchant Mariner                           words ‘‘licensed engineer’’ and add, in
                                                                                                    Document, License, and Certificate of                 their place, the words ‘‘appropriately
                                               42. In § 163.01(b), after the word
                                                                                                    Registry enumerated in 46 U.S.C.                      licensed or credentialed engineer
                                            ‘‘license’’, add the words ‘‘or merchant
                                                                                                    Subtitle II, Part E will be issued in the             officer’’.
                                            mariner credential’’.
                                                                                                    form of a Merchant Mariner Credential
                                                                                                    (MMC). An MMC will combine the                        § 165.1310    [Amended]
                                            § 163.03   [Added]
                                                                                                    separate qualification documents                        52. In § 165.1310(f)(2), remove the
                                              43. Add a new § 163.03 to read as
                                                                                                    previously issued under 46 U.S.C.                     word ‘‘licensed’’ and add, in its place,
                                            follows:
                                                                                                    Subtitle II, Part E and STCW                          the words ‘‘holding a license or
                                            § 163.03   Definitions.                                 endorsements into a single certificate                merchant mariner credential issued’’.
                                              The following definition applies to                   which will be endorsed to reflect a                   46 CFR CHAPTER I
                                            this part:                                              mariner’s level of qualification.
                                              Merchant Mariner Credential or MMC                    *    *       *     *     *                            PART 1—ORGANIZATION, GENERAL
                                            means the qualification document for all                                                                      COURSE AND METHODS GOVERNING
                                            merchant mariners issued by the Coast                   PART 165—REGULATED NAVIGATION                         MARINE SAFETY FUNCTIONS
                                            Guard under 46 CFR part 10. The                         AREAS AND LIMITED ACCESS AREAS
                                            individual Merchant Mariner                                                                                     53. The authority citation for part 1
                                            Document, License, and Certificate of                     47. The authority citation for part 165             continues to read as follows:
                                            Registry enumerated in 46 U.S.C.                        continues to read as follows:                            Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46
                                            Subtitle II, Part E will be issued in the                                                                     U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L.
                                                                                                      Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.          107–296, 116 Stat. 2135; Department of
                                            form of a Merchant Mariner Credential                   Chapter 701; 50 U.S.C. 191, 195; 33 CFR               Homeland Security Delegation No. 0170.1;
                                            (MMC). An MMC will combine the                          1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.         § 1.01–35 also issued under the authority of
                                            separate qualification documents                        107–295, 116 Stat. 2064; Department of                44 U.S.C. 3507.
                                            previously issued under 46 U.S.C.                       Homeland Security Delegation No. 0170.1.
                                            Subtitle II, Part E and STCW                                                                                     54. In § 1.01–05, remove the existing
                                                                                                      48. Add § 165.3 to read as follows:                 paragraph designations, remove the
                                            endorsements into a single certificate
                                            which will be endorsed to reflect a                     § 165.3   Definitions.                                words ‘‘The term’’ from the definition of
                                            mariner’s level of qualification.                                                                             ‘‘Commandant’’ and ‘‘District
                                                                                                      The following definitions apply to                  Commander’’, and in alphabetical order,
                                                                                                    this part:                                            add definitions for the terms
                                            PART 164—NAVIGATION SAFETY
                                            REGULATIONS                                               Credential means any or all of the                  ‘‘credential’’ and ‘‘Merchant Mariner
                                                                                                    following:                                            Credential or MMC’’ to read as follows:
                                              44. The authority citation for part 164                 (1) Merchant mariner’s document.
                                            continues to read as follows:                                                                                 § 1.01–05    Definitions.
                                                                                                      (2) License.
                                              Authority: 33 U.S.C. 1222(5), 1223, 1231;                                                                   *     *      *     *     *
                                                                                                      (3) STCW endorsement.                                 Credential means any or all of the
                                            46 U.S.C. 2103, 3703; Department of
                                            Homeland Security Delegation No. 0170.1                   (4) Certificate of registry.                        following:
                                            (75). Sec. 164.13 also issued under 46 U.S.C.             (5) Merchant mariner credential.                      (1) Merchant mariner’s document.
                                            8502. Sec. 164.61 also issued under 46 U.S.C.             Merchant Mariner Credential or MMC                    (2) License.
                                            6101.
                                                                                                    means the qualification document for all                (3) STCW endorsement.
                                                                                                                                                            (4) Certificate of registry.
                                            § 164.13   [Amended]                                    merchant mariners issued by the Coast                   (5) Merchant mariner credential.
                                                                                                    Guard under 46 CFR part 10. The
                                               45. In § 164.13—                                                                                           *     *      *     *     *
                                               a. In paragraph (b), remove the words                individual Merchant Mariner
                                                                                                                                                            Merchant Mariner Credential or MMC
                                            ‘‘a licensed engineer’’ and add, in their               Document, License, and Certificate of
                                                                                                                                                          means the qualification document for all
                                            place, the words ‘‘an engineer with a                   Registry enumerated in 46 U.S.C.
                                                                                                                                                          merchant mariners issued by the Coast
                                            properly endorsed license or merchant                   Subtitle II, Part E will be issued in the
                                                                                                                                                          Guard under 46 CFR part 10. The
                                            mariner credential’’; and                               form of a Merchant Mariner Credential
                                                                                                                                                          individual Merchant Mariner
                                               b. In paragraph (c), after the words ‘‘at            (MMC). An MMC will combine the
                                                                                                                                                          Document, License, and Certificate of
                                            least two’’, remove the word ‘‘licensed’’;              separate qualification documents
                                                                                                                                                          Registry enumerated in 46 U.S.C.
                                            after the words ‘‘deck officers’’ add the               previously issued under 46 U.S.C.
                                                                                                                                                          Subtitle II, Part E will be issued in the
                                            words ‘‘with a properly endorsed                        Subtitle II, Part E and STCW
                                                                                                                                                          form of a Merchant Mariner Credential
                                            license or merchant mariner credential’’;               endorsements into a single certificate,
                                                                                                                                                          (MMC). An MMC will combine the
                                            and, after the words ‘‘must be an                       which will be endorsed to reflect a
                                                                                                                                                          separate qualification documents
                                            individual’’, remove the word                           mariner’s level of qualification.
                                                                                                                                                          previously issued under 46 U.S.C.
                                            ‘‘licensed’’ and add, in its place, the                 § 165.120    [Amended]                                Subtitle II, Part E and STCW
                                            words ‘‘holding an appropriately                                                                              endorsements into a single certificate
                                            endorsed license or merchant mariner                      49. In § 165.120(b)(1), remove the
                                                                                                                                                          which will be endorsed to reflect a
                                            credential’’.                                           words ‘‘ the Licensed Federal Pilot’’ and
                                                                                                                                                          mariner’s level of qualification.
                                               46. In § 164.70, in alphabetical order,              add, in their place, the words ‘‘an
                                            add a new definition for the term                       individual holding a valid Merchant                   § 1.01–10    [Amended]
                                            ‘‘Merchant Mariner Credential or MMC’’                  Mariner’s License or Merchant Mariner                   55. In § 1.01–10(b)(1)(ii)(C), remove
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                                            to read as follows:                                     Credential endorsed as Pilot’’.                       the words ‘‘licenses, documents or
                                                                                                    § 165.153    [Amended]                                certificates’’ and add, in their place, the
                                            § 164.70   Definitions.                                                                                       word ‘‘ credentials’’.
                                            *   *     *     *     *                                   50. In § 165.153(d)(6) and (d)(7),
                                             Merchant Mariner Credential or MMC                     remove the word ‘‘licensed’’ wherever it              § 1.01–15    [Amended]
                                            means the qualification document for all                may appear.                                               56. In § 1.01–15—


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                                            29490                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                               a. In paragraph (a)(1), remove the                   form of a Merchant Mariner Credential                   Guard under 46 CFR part 10. The
                                            words ‘‘licenses, certificates, and                     (MMC). An MMC will combine the                          individual Merchant Mariner
                                            documents’’ and add, in their place, the                separate qualification documents                        Document, License, and Certificate of
                                            word ‘‘credentials’’ and remove the                     previously issued under 46 U.S.C.                       Registry enumerated in 46 U.S.C.
                                            words ‘‘licensing, certificating’’ and                  Subtitle II, Part E and STCW                            Subtitle II, Part E will be issued in the
                                            add, in their place, the word                           endorsements into a single certificate,                 form of a Merchant Mariner Credential
                                            ‘‘credentialing’’;                                      which will be endorsed to reflect a                     (MMC). An MMC will combine the
                                               b. In paragraph (b), remove the words                mariner’s level of qualification.                       separate qualification documents
                                            ‘‘licensing, certificating’’ and add, in                                                                        previously issued under 46 U.S.C.
                                            their place, the word ‘‘credentialing’’,                § 4.07–1     [Amended]                                  Subtitle II, Part E and STCW
                                            and after the words ‘‘misbehavior of                       60. § 4.07–1(c)(3), remove the words                 endorsements into a single certificate
                                            persons holding’’, remove the words                     ‘‘any licensed or certificated person’’                 which will be endorsed to reflect a
                                            ‘‘licenses, certificates, or documents’’                and add, in their place, the words ‘‘any                mariner’s level of qualification.
                                            and add, in their place, the word                       person holding a Coast Guard
                                            ‘‘credentials’’, and after the words ‘‘46               credential’’; and remove the words                      § 5.55   [Amended]
                                            U.S.C. chapter 77 of’’, remove the words                ‘‘license or certificate’’ and add, in their               68. In § 5.55(a) introductory text,
                                            ‘‘licenses, certificates and documents’’                place, the word ‘‘credential’’.                         remove the words ‘‘license, certificate or
                                            and add, in their place, the word                                                                               document’’ and add, in their place, the
                                                                                                    § 4.07–10      [Amended]                                word ‘‘credential’’.
                                            ‘‘credential’’; and
                                               c. In the Note to paragraph (b), remove                61. In § 4.07–10(a)(3), remove the                       69. In § 5.57—
                                            the words ‘‘Licensing and Certification’’               words ‘‘licenses or certificates’’ and add,                a. Revise the section heading to read
                                            and add, in their place, the word                       in their place, the word ‘‘credentials’’.               as set out below;
                                            ‘‘Credentialing’’; and, after the words                                                                            b. In paragraph (a) introductory text,
                                                                                                    PART 5—MARINE INVESTIGATION                             remove the words ‘‘license, certificate or
                                            ‘‘parts 10’’, add the number ‘‘, 11,’’.
                                                                                                    REGULATIONS—PERSONNEL ACTION                            document’’ wherever they appear and
                                            § 1.01–25   [Amended]                                                                                           add, in their place, the words
                                                                                                      62. The authority citation for part 5
                                               57. In § 1.01–25—                                    continues to read as follows:                           ‘‘credential or endorsement’’;
                                               a. In paragraph (b), remove the words                                                                           c. Revise paragraph (b) to read as set
                                            ‘‘licenses, certificates, or documents’’                  Authority: 46 U.S.C. 2103, 7101, 7301,
                                                                                                                                                            out below; and
                                                                                                    7701; Department of Homeland Security
                                            and add, in their place, the word                       Delegation No. 0170.1.                                     d. In paragraph (c), remove the words
                                            ‘‘credentials’’; and                                                                                            ‘‘license, certificate or document’’ and
                                               b. In paragraphs (c) introductory text               § 5.3     [Amended]                                     add, in their place, the words
                                            and (c)(1) introductory text, remove the                                                                        ‘‘credential or endorsement’’.
                                                                                                       63. In § 5.3, remove the words
                                            words ‘‘license, certificate or document’’              ‘‘licenses, certificates or documents’’                 § 5.57 Acting under authority of Coast
                                            wherever they appear and add, in their                  and add, in their place, the words                      Guard credential or endorsement.
                                            place, the word ‘‘credential’’.                         ‘‘credentials or endorsements’’.                        *     *     *    *     *
                                            PART 4—MARINE CASUALTIES AND                            § 5.5     [Amended]                                       (b) A person is considered to be acting
                                            INVESTIGATIONS                                                                                                  under the authority of the credential or
                                                                                                       64. In § 5.5, remove the word
                                                                                                                                                            endorsement while engaged in official
                                              58. The authority citation for part 4                 ‘‘certification’’ and add, in its place, the
                                                                                                                                                            matters regarding the credential or
                                            continues to read as follows:                           words ‘‘certificate, merchant mariner
                                                                                                                                                            endorsement. This includes, but is not
                                              Authority: 33 U.S.C. 1231, 1321; 43 U.S.C.
                                                                                                    credential, endorsement,’’.
                                                                                                                                                            limited to, such acts as applying for
                                            1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305;           § 5.15     [Amended]                                    renewal, taking examinations for raises
                                            50 U.S.C. 198; Department of Homeland                                                                           in grade, requesting duplicate or
                                            Security Delegation No. 170.1. Authority for               65. In § 5.15, remove the words
                                                                                                    ‘‘license, certificate or document’’ and                replacement credentials, or when
                                            subpart 4.40: 49 U.S.C. 1903(a)(1)(E);
                                            Department of Homeland Security Delegation              add, in their place, the word                           appearing at a hearing under this part.
                                            No. 0170.1.                                             ‘‘credential’’.                                         *     *     *    *     *
                                               59. Add § 4.03–75 to read as follows:
                                                                                                    § 5.19     [Amended]                                    § 5.59   [Amended]
                                            § 4.03–75 Merchant mariner credential and                  66. In § 5.19(b), remove the words                      70. In § 5.59—
                                            Credential.                                             ‘‘license, certificate or document’’ and                   a. In the section heading, remove the
                                              The following definitions apply to                    add, in their place, the words                          words ‘‘licenses, certificates or
                                            this part:                                              ‘‘credential or endorsement’’.                          documents’’ and add, in their place, the
                                              Credential means any or all of the                       67. Add § 5.40 to Subpart B to read as               words ‘‘credentials or endorsements’’;
                                            following:                                              follows:                                                and
                                              (1) Merchant mariner’s document.                                                                                 b. In the introductory text, remove the
                                              (2) License.                                          § 5.40 Credential and merchant mariner                  words ‘‘license, certificate or document’’
                                              (3) STCW endorsement.                                 credential.                                             and add, in their place, the words
                                              (4) Certificate of registry.                            Credential means any or all of the                    ‘‘credential or endorsement’’.
                                              (5) Merchant mariner credential.                      following:
                                              Merchant Mariner Credential or MMC                      (1) Merchant mariner’s document.                      § 5.61   [Amended]
                                            means the qualification document for all                  (2) License.                                            71. In § 5.61—
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                                            merchant mariners issued by the Coast                     (3) STCW endorsement.                                   a. In the section heading, remove the
                                            Guard under 46 CFR part 10. The                           (4) Certificate of registry.                          words ‘‘licenses, certificates or
                                            individual Merchant Mariner                               (5) Merchant mariner credential.                      documents’’ and add, in their place, the
                                            Document, License, and Certificate of                     Merchant Mariner Credential or MMC                    word ‘‘credentials’’; and
                                            Registry enumerated in 46 U.S.C.                        means the qualification document for all                  b. In paragraphs (a) introductory text
                                            Subtitle II, Part E will be issued in the               merchant mariners issued by the Coast                   and (b), remove the words ‘‘license,


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                               29491

                                            certificate or document’’ wherever they                 add, in their place, the word                            c. In paragraph (c), remove the words
                                            appear and add, in their place, the                     ‘‘credentials’’; and, after the words                 ‘‘document and/or license’’ and add, in
                                            words ‘‘credential or endorsements’’.                   ‘‘alleges that’’, remove the words ‘‘such             their place, the words ‘‘credential and/
                                                                                                    license, certificate or document’’ and                or endorsement’’; and, after the words
                                            § 5.101   [Amended]                                     add, in their place, the word                         ‘‘order. This’’, remove the word
                                               72. In § 5.101(a) introductory text,                 ‘‘credential’’; and                                   ‘‘document’’ and add, in its place, the
                                            (a)(1), and (a)(2), remove the words                       c. In paragraph (b), remove the words              words ‘‘credential and/or endorsement’’.
                                            ‘‘license, certificate or document’’                    ‘‘license, certificate, or document’’ and
                                            wherever they appear and add, in their                  add, in their place, the word                         Subpart L—[Amended]
                                            place, the words ‘‘credential or                        ‘‘credential’’.
                                            endorsement’’.                                                                                                  84. In the heading to subpart L,
                                                                                                    § 5.567   [Amended]                                   remove the words ‘‘Licenses,
                                            § 5.105   [Amended]
                                                                                                       80. In paragraphs (b), (c) introductory            Certificates or Documents’’ and add, in
                                              73. In § 5.105(b), (c), and (e), remove               text, (d), and (e), remove the words                  their place, the words ‘‘Credential or
                                            the words ‘‘license, certificate or                     ‘‘licenses, certificates or documents’’               Endorsement’’.
                                            document’’ and add, in their place, the                 wherever they appear and add, in their
                                            words ‘‘credential or endorsement’’.                    place, the word ‘‘credentials or                      § 5.901    [Amended]
                                                                                                    endorsements’’; and remove the words                    85. In § 5.901(a), (c), (d) introductory
                                            Subpart E—[Amended]
                                                                                                    ‘‘license, certificate or document’’                  text, and (e), remove the words ‘‘license,
                                              74. In the heading to subpart E,                      wherever they appear and add, in their                certificate or document’’ wherever they
                                            remove the words ‘‘License, Certificate                 place, the words ‘‘credential or                      appear and add, in their place, the
                                            or Document’’ and add, in their place,                  endorsement’’.                                        words ‘‘credential or endorsement’’.
                                            the words ‘‘Coast Guard Credential or
                                            Endorsement’’.                                          § 5.707   [Amended]                                   § 5.903    [Amended]
                                                                                                       81. In § 5.707—
                                            § 5.201   [Amended]                                                                                             86. In § 5.903(a), (c) introductory text,
                                                                                                       a. In the section heading, remove the
                                               75. In § 5.201(a), (b) introductory text,                                                                  and (c)(2), remove the words ‘‘license,
                                                                                                    words ‘‘license, certificate, or
                                            (b)(4), (c), and (d), remove the words                                                                        certificate or document’’ wherever they
                                                                                                    document’’ and add, in their place, the
                                            ‘‘license, certificate or document’’                                                                          appear and add, in their place, the
                                                                                                    words ‘‘credential or endorsement’’;
                                            wherever they appear and add, in their                                                                        words ‘‘credential or endorsement’’.
                                                                                                       b. In paragraph (a), remove the words
                                            place, the words ‘‘credential or                        ‘‘license, certificate or document’’                  § 5.905    [Amended]
                                            endorsement’’.                                          wherever they appear and add, in their
                                                                                                    place, the words ‘‘credential or                         87. In § 5.905(b), remove the words
                                            § 5.203   [Amended]                                                                                           ‘‘license, certificate or document’’ and
                                                                                                    endorsement’’;
                                               76. In § 5.203(a), (b) introductory text,               c. In paragraph (c), remove the words              add, in their place, the words
                                            (b)(2), and (c), remove the words                       ‘‘document or license’’ and add, in their             ‘‘credential or endorsement’’.
                                            ‘‘license, certificate or document’’                    place, the words ‘‘credential or
                                            wherever they appear and add, in their                                                                        PART 10—MERCHANT MARINER
                                                                                                    endorsement’’;
                                            place, the words ‘‘credential or                                                                              OFFICERS AND SEAMEN
                                                                                                       d. In paragraph (d), after the words
                                            endorsement’’.                                          ‘‘All temporary’’, remove the word
                                                                                                                                                             88. The authority citation for part 10
                                            § 5.205   [Amended]                                     ‘‘documents’’ and add, in its place, the
                                                                                                                                                          is revised to read as follows:
                                               77. In § 5.205—                                      words ‘‘credentials or endorsements’’;
                                                                                                    and, after the words ‘‘If a temporary’’,                Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
                                               a. In the section heading, remove the                                                                      46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
                                            words ‘‘license, certificate of registry, or            remove the word ‘‘document’’ and add,
                                                                                                    in its place, the words, ‘‘credential or              chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906,
                                            merchant mariners document’’ and add,                                                                         and 70105; Executive Order 10173;
                                            in their place, the words ‘‘credential or               endorsement’’;
                                                                                                       e. In paragraph (e), remove the word               Department of Homeland Security Delegation
                                            endorsement’’; and                                                                                            No. 0170.1. Section 11.107 is also issued
                                               b. In paragraphs (a), (b) introductory               ‘‘document’’ and add, in its place, the
                                                                                                                                                          under the authority of 44 U.S.C. 3507.
                                            text, (c) introductory text, and (d),                   words ‘‘credential or endorsement’’; and
                                            remove the words ‘‘license, certificate or                 f. In paragraph (f), remove the word               PART 10—[REDESIGNATED AS PART
                                            document’’ wherever they appear and                     ‘‘documents’’ and add, in its place, the              11 AND AMENDED]
                                            add, in their place, the words                          word ‘‘credential’’.
                                            ‘‘credential or endorsement’’.                          § 5.713   [Amended]                                     89. Redesignate part 10, consisting of
                                                                                                                                                          § § 10.101 through 10.1105, as part 11,
                                            § 5.501   [Amended]                                        82. In § 5.713(a), remove the words
                                                                                                                                                          § § 11.101 through 11.1105.
                                               78. In § 5.501, remove the words                     ‘‘licenses, certificates, or documents’’
                                            ‘‘license, certificate or document’’ and                and add, in their place, the words                      90. Add a new part 10 to subchapter
                                            add, in their place, the words                          ‘‘credentials or endorsements’’.                      B to read as follows:
                                            ‘‘credential or endorsement’’.                          § 5.715   [Amended]                                   PART 10—MERCHANT MARINER
                                            § 5.521   [Amended]                                        83. In § 5.715—                                    CREDENTIAL
                                               79. In § 5.521—                                         a. In the section heading, remove the
                                               a. In the section heading, remove the                words ‘‘document and/or license’’ and                 Subpart A—General
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                                            words ‘‘license, certificate or document’’              add, in their place, the words                        Sec.
                                            and add, in their place, the word                       ‘‘credential and/or endorsement’’;                    10.101    Purpose of rules in this part.
                                            ‘‘credential’’;                                            b. In paragraph (a), remove the words              10.103    Incorporation by reference.
                                               b. In paragraph (a), after the words                 ‘‘document or license’’ and add, in their             10.105    Paperwork approval. [Reserved]
                                            ‘‘all valid’’, remove the words ‘‘licenses,             place, the words ‘‘credential and/or                  10.107    Definitions in subchapter B.
                                            certificates, and/or documents’’ and                    endorsement’’; and                                    10.109    Classification of endorsements.



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                                            29492                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            Subpart B—General Requirements for                      All approved material is available for                   Ballast control operator or BCO means
                                            All Merchant Mariner Credentials                        inspection at the National Archives and               an officer restricted to service on mobile
                                                                                                    Records Administration (NARA). For                    offshore drilling units (MODUs) whose
                                            10.201 General characteristics of the                   information on the availability of this               duties involve the operation of the
                                                Merchant Mariner Credential.                        material at NARA, call 202–741–6030 or                complex ballast system found on many
                                            10.203 Requirement to hold a TWIC and a
                                                Merchant Mariner Credential.
                                                                                                    go to http://www.archives.gov/federal                 MODUs. When assigned to a MODU, a
                                            10.205 Validity of a Merchant Mariner                   _register/code_of_federal_regulations/                ballast control operator is equivalent to
                                                Credential.                                         ibr_locations.html. Also, it is available             a mate on a conventional vessel.
                                            10.207 Identification number.                           for inspection at the Coast Guard, Office                Barge supervisor or BS means an
                                            10.209 Application procedures.                          of Operating and Environmental                        officer restricted to service on MODUs
                                            10.211 Criminal record review.                          Standards (G–PSO), 2100 Second Street                 whose duties involve support to the
                                            10.213 National Driver Register.                        SW., Washington, DC 20593–0001, and                   offshore installation manager (OIM) in
                                            10.215 Medical and physical requirements.               is available from the sources indicated               marine related matters including, but
                                            10.217 MMC application and examination                  in this section.                                      not limited to, maintaining watertight
                                                locations.
                                                                                                       (b) International Maritime                         integrity, inspecting and maintaining
                                            10.219 Fees.
                                            10.221 Applications submitted by aliens.                Organization (IMO), 4 Albert                          mooring and towing components, and
                                            10.223 Modification or removal of                       Embankment, London, SE1 7SR,                          maintaining emergency and other
                                                limitations.                                        England:                                              marine-related equipment. A barge
                                            10.225 Issuance of Merchant Mariner                        (1) The STCW—International                         supervisor, when assigned to a MODU,
                                                Credentials.                                        Convention on Standards of Training,                  is equivalent to a mate on a
                                            10.227 Additional requirements for                      Certification and Watchkeeping for                    conventional vessel.
                                                renewal.                                            Seafarers, 1978, as amended (the STCW                    Boatswain means the leading seaman
                                            10.229 Issuance of duplicate Merchant                   Convention or the STCW), incorporation                and immediate supervisor of deck crew
                                                Mariner Credentials.                                by reference approved for § § 10.107,
                                            10.231 Additional requirements for raises of                                                                  who supervises the maintenance of deck
                                                grade for officer endorsements.
                                                                                                    10.109, 10.209, 10.215, and 10.277.                   gear.
                                            10.233 Obligations of the holder of a                      (2) The Seafarers’ Training,                          Cargo engineer means a person
                                                Merchant Mariner Credential.                        Certification and Watchkeeping Code, as               holding an officer endorsement on a
                                            10.235 Suspension or revocation of                      amended (the STCW Code),                              dangerous-liquid tankship or a
                                                Merchant Mariner Credentials.                       incorporation by reference approved for               liquefied-gas tankship whose primary
                                            10.237 Right of appeal.                                 § § 10.107, 10.109, 10.209, 10.215, and               responsibility is maintaining the cargo
                                              Authority: 14 U.S.C. 633; 31 U.S.C. 9701;             10.277.                                               system and cargo-handling equipment.
                                            46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter                                                                    Chief engineer means any person
                                                                                                    § 10.105 Paperwork approval.         [Reserved]
                                            71; 46 U.S.C. chapter 72; 46 U.S.C. chapter                                                                   responsible for the mechanical
                                            75; 46 U.S.C. 7701, 8906 and 70105;                     § 10.107   Definitions in Subchapter B.               propulsion of a vessel and who is the
                                            Executive Order 10173; Department of                                                                          holder of a valid officer endorsement as
                                                                                                       (a) With respect to part 16 and
                                            Homeland Security Delegation No. 0170.1.                                                                      chief engineer.
                                                                                                    § 15.1101 of this title only, if the
                                                                                                    definitions in paragraph (b) of this                     Chief mate means the deck officer
                                            Subpart A—General
                                                                                                    section differ from those set forth in                next in seniority to the master and upon
                                            § 10.101   Purpose of rules in this part.               either § 16.105 or § 15.1101, the                     whom the command of the vessel will
                                               The regulations in this part provide:                definition set forth in either § 16.105 or            fall in the event of incapacity of the
                                               (a) A means of determining and                       § 15.1101, as appropriate, applies.                   master.
                                            verifying the identity, citizenship, and                   (b) As used in this subchapter, the                   Coast Guard-accepted means that the
                                            qualifications an applicant must possess                following terms apply only to the                     Coast Guard has officially
                                            to be eligible for certification to serve on            merchant marine personnel                             acknowledged in writing that the
                                            merchant vessels;                                       credentialing and manning of vessels                  material or process at issue meets the
                                               (b) A means of determining that an                   subject to the manning provisions in the              applicable requirements; that the Coast
                                            applicant is competent to serve under                   navigation and shipping laws of the                   Guard has issued an official policy
                                            the authority of their Merchant Mariner                 United States:                                        statement listing or describing the
                                            Credential (MMC); and                                      Apprentice mate (steersman) of                     material or process as meeting the
                                               (c) A means, through the requirement                 towing vessels means a mariner                        applicable requirements; or that an
                                            to hold a Transportation Worker                         qualified to perform watchkeeping on                  entity acting on behalf of the Coast
                                            Identification Credential (TWIC), and a                 the bridge, while in training onboard a               Guard under a Memorandum of
                                            criminal and National Driver Register                   towing vessel under the direct                        Agreement has determined that the
                                            (NDR) record review to determine the                    supervision and in the presence of a                  material or process meets the applicable
                                            identity of an applicant and determine                  master or mate (pilot) of towing vessels.             requirements.
                                            if the holder of an MMC is a safe and                      Approved means approved by the                        Coastwise seagoing vessel means a
                                            suitable person and is qualified as to                  Coast Guard in according to § 11.302 of               vessel that is authorized by its
                                            character and habits of life.                           this chapter.                                         Certificate of Inspection to proceed
                                                                                                       Approved training means training that              beyond the Boundary Line established
                                            § 10.103   Incorporation by reference.                  is approved by the Coast Guard or meets               in part 7 of this chapter.
                                              (a) Certain material is incorporated by               the requirements of § 11.309 of this                     Competent person means a person
                                            reference into this part with the                       chapter.                                              designated as such under 29 CFR
                                            approval of the Director of the Federal                    Assistance towing means towing a                   1915.7.
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                                            Register under 5 U.S.C. 552(a) and 1                    disabled vessel for consideration.                       Conviction means that the applicant
                                            CFR part 51. To enforce any edition                        Assistant engineer means a qualified               for a merchant mariner credential has
                                            other than that specified in this section,              officer in the engine department.                     been found guilty, by judgment or plea
                                            the Coast Guard must publish notice of                     Authorized official includes but is not            by a court of record of the United States,
                                            change in the Federal Register and the                  limited to a Federal, State or local law              the District of Columbia, any State,
                                            material must be available to the public.               enforcement officer.                                  territory, or possession of the United


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                           29493

                                            States, a foreign country, or any military              received for periods served over eight                   Evaluation means processing an
                                            court, of a criminal felony or                          hours.                                                application, from the point of receipt to
                                            misdemeanor or of an offense described                     Deck crew (excluding individuals                   approval or rejection of the application,
                                            in section 205 of the National Driver                   serving under their officer endorsement)              including review of all documents and
                                            Register Act of 1982, as amended (49                    means, as used in 46 U.S.C. 8702, only                records submitted with an application
                                            U.S.C. 30304). If an applicant pleads                   the following members of the deck                     as well as those obtained from public
                                            guilty or no contest, is granted deferred               department: able seamen, boatswains,                  records and databases.
                                            adjudication, or is required by the court               and ordinary seamen.                                     Fails a chemical test for dangerous
                                            to attend classes, make contributions of                   Designated areas means those areas                 drugs means that the result of a
                                            time or money, receive treatment,                       within pilotage waters for which first                chemical test conducted under 49 CFR
                                            submit to any manner of probation or                    class pilot’s endorsements are issued                 part 40 was reported as ‘‘positive’’ by a
                                            supervision, or forgo appeal of a trial                 under part 11, subpart G, of this chapter,            Medical Review Officer because the
                                            court’s conviction, then the Coast Guard                by the Officer in Charge, Marine                      chemical test indicated the presence of
                                            will consider the applicant to have                     Inspection (OCMI). The areas for which                a dangerous drug at a level equal to or
                                            received a conviction. A later                          first class pilot’s endorsements are                  exceeding the levels established in 49
                                            expungement of the conviction will not                  issued within a particular Marine                     CFR part 40.
                                            negate a conviction unless the Coast                    Inspection Zone and the specific                         First assistant engineer means the
                                            Guard is satisfied that the expungement                 requirements to obtain them may be                    engineer officer next in seniority to the
                                            is based upon a showing that the court’s                obtained from the OCMI concerned.                     chief engineer and upon whom the
                                            earlier conviction was in error.                           Designated duty engineer means a                   responsibility for the mechanical
                                               Credential means any or all of the                   qualified engineer, who may be the sole               propulsion of the vessel will fall in the
                                            following:                                              engineer on vessels with a periodically               event of the incapacity of the chief
                                               (1) Merchant mariner’s document.                     unattended engine room.                               engineer.
                                               (2) License.                                            Designated examiner means a person                    Great Lakes for the purpose of
                                               (3) STCW endorsement.                                who has been trained or instructed in                 calculating service requirements for an
                                               (4) Certificate of registry.                                                                               officer endorsement, means the Great
                                               (5) Merchant mariner credential.                     techniques of training or assessment and
                                                                                                    is otherwise qualified to evaluate                    Lakes and their connecting and tributary
                                               Criminal record review means the                                                                           waters including the Calumet River as
                                            process or action taken by the Coast                    whether an applicant has achieved the
                                                                                                    level of competence required to hold a                far as the Thomas J. O’ Brien Lock and
                                            Guard to determine whether an                                                                                 Controlling Works (between mile 326
                                            applicant for, or holder of, a credential               Merchant Mariner Credential (MMC)
                                                                                                    endorsement. This person may be                       and 327), the Chicago River as far as the
                                            is a safe and suitable person to be issued                                                                    east side of the Ashland Avenue Bridge
                                            such a credential or to be employed on                  designated by the Coast Guard or by a
                                                                                                    Coast Guard-approved or accepted                      (between mile 321 and 322), and the
                                            a vessel under the authority of such a                                                                        Saint Lawrence River as far east as the
                                            credential.                                             program of training or assessment. A
                                                                                                    faculty member employed or instructing                lower exit of Saint Lambert Lock. For
                                               Dangerous drug means a narcotic                                                                            purposes of requiring Merchant Mariner
                                            drug, a controlled substance, or a                      in a navigation or engineering course at
                                                                                                    the U.S. Merchant Marine Academy or                   Credentials with rating endorsements,
                                            controlled-substance analogue (as                                                                             the connecting and tributary waters are
                                            defined in section 102 of the                           at a State maritime academy operated
                                                                                                    under 46 CFR part 310 is qualified to                 not part of the Great Lakes.
                                            Comprehensive Drug Abuse and Control                                                                             Harbor assist means the use of a
                                            Act of 1970 (21 U.S.C. 802)).                           serve as a designated examiner in his or
                                                                                                    her area(s) of specialization without                 towing vessel during maneuvers to
                                               Dangerous liquid or DL means a                                                                             dock, undock, moor, or unmoor a vessel,
                                            liquid listed in 46 CFR 153.40 of this                  individual evaluation by the Coast
                                                                                                    Guard.                                                or to escort a vessel with limited
                                            chapter that is not a liquefied gas as                                                                        maneuverability.
                                            defined in this part. Liquid cargoes in                    Directly supervised means being in
                                                                                                                                                             Horsepower means, for the purpose of
                                            bulk listed in 46 CFR part 153, table 2,                the direct line of sight of the person-in-
                                                                                                                                                          this subchapter, the total maximum
                                            of this chapter are not dangerous-liquid                charge or maintaining direct, two-way
                                                                                                                                                          continuous shaft horsepower of all the
                                            cargoes when carried by non-oceangoing                  communications by a convenient,
                                                                                                                                                          vessel’s main propulsion machinery.
                                            barges.                                                 reliable means, such as a predetermined                  IMO means the International Maritime
                                               Day means, for the purpose of                        working frequency over a hand-held                    Organization.
                                            complying with the service                              radio.                                                   Inland waters means the navigable
                                            requirements of this subchapter, eight                     Disabled vessel means a vessel that                waters of the United States shoreward of
                                            hours of watchstanding or day-working                   needs assistance, whether docked,                     the Boundary Lines as described in part
                                            not to include overtime. On vessels                     moored, anchored, aground, adrift, or                 7 of this chapter, excluding the Great
                                            where a 12-hour working day is                          underway but does not mean a barge or                 Lakes, and, for towing vessels,
                                            authorized and practiced, such as on a                  any other vessel not regularly operated               excluding the Western Rivers. For
                                            six-on, six-off watch schedule, each                    under its own power.                                  establishing credit for sea service, the
                                            work day may be creditable as one and                      Drug test means a chemical test of an              waters of the Inside Passage between
                                            one-half days of service. On vessels of                 individual’s urine for evidence of                    Puget Sound and Cape Spencer, Alaska,
                                            less than 100 gross tons, a day is                      dangerous drug use.                                   are inland waters.
                                            considered as eight hours unless the                       Employment assigned to is the total                   Invalid credential means a merchant
                                            Officer in Charge, Marine Inspection,                   period a person is assigned to work on                mariner credential that has expired,
                                            determines that the vessel’s operating                  MODUs, including time spent ashore as                 been suspended, revoked, or was issued
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                                            schedule makes this criteria                            part of normal crew rotation.                         fraudulently.
                                            inappropriate, in no case will this                        Endorsement is a statement of a                       Liquefied gas or LG means a cargo that
                                            period be less than four hours. When                    mariner’s qualifications to include                   has a vapor pressure of 172 kPa (25 psia)
                                            computing service required for MODU                     officer, staff officer, ratings, and/or               or more at 37.8 C (100 F).
                                            endorsements, a day is a minimum of                     STCW qualifications appearing on an                      Liquid cargo in bulk means a liquid or
                                            four hours, and no additional credit is                 Merchant Mariner Credential.                          liquefied gas listed in § 153.40 of this


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                                            29494                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            chapter and carried as a liquid cargo or                information on drivers maintained by                     Passes a chemical test for dangerous
                                            liquid-cargo residue in integral, fixed, or             the National Highway Traffic Safety                   drugs means that the result of a
                                            portable tanks, except a liquid cargo                   Administration under 49 U.S.C. chapter                chemical test conducted according to 49
                                            carried in a portable tank actually                     303.                                                  CFR part 40 is reported as ‘‘negative’’ by
                                            loaded and discharged from a vessel                       NDR-listed convictions means a                      a Medical Review Officer according to
                                            with the contents intact.                               conviction of any of the following motor              that part.
                                               Lower level is used as a category of                 vehicle-related offenses or comparable                   PIC means a person-in-charge.
                                            deck and engineer officer endorsements                  offenses:                                                Pilot of towing vessels means a
                                            established for assessment of fees.                       (1) Operating a motor vehicle while                 qualified officer of a towing vessel
                                            Lower-level officer endorsements are                    under the influence of, or impaired by,               operated only on inland routes.
                                            other than those defined as upper level,                alcohol or a controlled substance; or                    Pilotage waters means the navigable
                                            for which the requirements are listed in                  (2) A traffic violation arising in                  waters of the United States, including
                                            subparts D, E, and G of this part.                      connection with a fatal traffic accident,             all inland waters and offshore waters to
                                               Marine chemist means a person                        reckless driving, or racing on the                    a distance of three nautical miles from
                                            certificated by the National Fire                       highways.                                             the baseline from which the Territorial
                                            Protection Association.                                   Near coastal means ocean waters not                 Sea is measured.
                                               Master means the officer having                      more than 200-miles offshore.                            Practical demonstration means the
                                            command of a vessel.                                      Oceans means the waters seaward of                  performance of an activity under the
                                               Mate means a qualified officer in the                the Boundary Lines as described in 46                 direct observation of a designated
                                            deck department other than the master.                  CFR part 7 of this chapter. For the                   examiner for the purpose of establishing
                                               Merchant Mariner Credential or MMC                   purposes of establishing sea service                  that the performer is sufficiently
                                            means the qualification document for all                credit, the waters of the Inside Passage              proficient in a practical skill to meet a
                                            merchant mariners issued by the Coast                   between Puget Sound and Cape                          specified standard of competence or
                                            Guard under 46 CFR part 10. The                         Spencer, Alaska, are not considered                   other objective criterion.
                                            individual Merchant Mariner                             oceans.                                                  Qualified instructor means a person
                                            Document, License, and Certificate of                     Officer endorsement means an                        who has been trained or instructed in
                                            Registry enumerated in 46 U.S.C.                        annotation on a Merchant Mariner                      instructional techniques and is
                                            Subtitle II, Part E will be issued in the               Credential that allows a mariner to serve             otherwise qualified to provide required
                                            form of a Merchant Mariner Credential                   in the capacities in § 10.109(a).                     training to candidates for an Merchant
                                            (MMC). An MMC will combine the                            Officer in Charge, Marine Inspection,               Mariner Credential endorsement. A
                                            separate qualification documents                        or OCMI means, for the purposes of this               faculty member employed at a State
                                            previously issued under 46 U.S.C.                       subchapter, the officer or individual so              maritime academy or the U.S. Merchant
                                            Subtitle II, part E and STCW                            designated at one of the locations of the             Marine Academy operated under 46
                                            endorsements into a single certificate                  regional examination centers listed in                CFR part 310 and instructing in a
                                            which will be endorsed to reflect a                     § 10.217, or any person designated as                 navigation or engineering course is
                                            mariner’s level of qualification.                       such by the Commandant.                               qualified to serve as a qualified
                                               Merchant Vessel means a vessel                         Offshore installation manager or OIM                instructor in his or her area of
                                            engaged in commercial activities.                       means an officer restricted to service on             specialization without individual
                                               MMC application means the                            MODUs. An assigned offshore                           evaluation by the Coast Guard.
                                            application for the Merchant Mariner                    installation manager is equivalent to a                  Qualified rating means various
                                            Credential (MMC), as well as the                        master on a conventional vessel and is                categories of Able Seaman, Qualified
                                            application for any endorsement on an                   the person designated by the owner or                 Member of the Engine Department,
                                            MMC.                                                    operator to be in complete and ultimate               Lifeboatman, or Tankerman
                                               Mobile offshore drilling unit or MODU                command of the unit.                                  endorsements formerly issued on
                                            means a vessel capable of engaging in                     On location means that a mobile                     Merchant Mariner’s Documents.
                                            drilling operations for the exploration                 offshore drilling unit is bottom bearing                 Raise of grade means an increase in
                                            for or exploitation of subsea resources.                or moored with anchors placed in the                  the level of authority and responsibility
                                            MODU designs include the following:                     drilling configuration.                               associated with an officer or rating
                                               (1) Bottom bearing units which                         Operate, operating, or operation, as                endorsement.
                                            include:                                                applied to vessels, refers to a vessel                   Rating endorsement is an annotation
                                               (i) Self-elevating (or jack-up) units                anytime passengers are embarked                       on a Merchant Mariner Credential that
                                            with moveable, bottom bearing legs                      whether the vessel is underway, at                    allows a mariner to serve in those
                                            capable of raising the hull above the                   anchor, made fast to shore, or aground                capacities set out in § 10.109 (b) and (c).
                                            surface of the sea; and                                 as applied to vessel manning.                            Regional Examination Center or REC
                                               (ii) Submersible units of ship-shape,                  Operator means an individual                        means a Coast Guard office that issues
                                            barge-type, or novel hull design, other                 qualified to operate certain uninspected              Merchant Mariners’ Credentials and
                                            than a self-elevating unit, intended for                vessels.                                              endorsements.
                                            operating while bottom bearing.                           Orally assisted examination means an                   Restricted Tankerman endorsement
                                               (2) Surface units with a ship-shape or               examination as described in part 11,                  means a valid tankerman endorsement
                                            barge-type displacement hull of single                  subpart I of this chapter verbally                    on an Merchant Mariner Credential
                                            or multiple hull construction intended                  administered and documented by an                     restricting its holder as the Officer in
                                            for operating in a floating condition,                  examiner.                                             Charge, Marine Inspection, (OCMI)
                                            including semi-submersibles and                           Participation, when used with regard                deems appropriate. For instance, the
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                                            drillships.                                             to the service on transfers required for              endorsement may restrict the holder to
                                               Month means 30 days, for the purpose                 tankerman by §§ 13.120, 13.203, or                    one or a combination of the following:
                                            of complying with the service                           13.303 of this chapter, means either                  A specific cargo or cargoes; a specific
                                            requirements of this subchapter.                        actual participation in the transfers or              vessel or vessels; a specific facility or
                                               National Driver Register or NDR                      close observation of how the transfers                facilities; a specific employer or
                                            means the nationwide repository of                      are conducted and supervised.                         employers; a specific activity or


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                              29495

                                            activities (such as loading or unloading                Credential that allows a mariner to serve             Southwest Pass, to the navigational
                                            in a cargo transfer); or a particular area              in those capacities under § 10.109(d).                demarcation lines dividing the high seas
                                            of water.                                                  Tank barge means a non-self-                       from harbors, rivers, and other inland
                                               Rivers means a river, canal, or other                propelled tank vessel.                                waters of the United States, and the Port
                                            similar body of water designated as such                   Tank vessel means a vessel that is                 Allen-Morgan City Alternate Route, and
                                            by the Officer in Charge, Marine                        constructed or adapted to carry, or that              that part of the Atchafalaya River above
                                            Inspection.                                             carries, oil or hazardous material in bulk            its junction with the Port Allen-Morgan
                                               Safe and suitable person means a                     as cargo or cargo residue, and that—                  City Alternate Route including the Old
                                            person whose character and habits of                       (1) Is a vessel of the United States;              River and the Red River, and those
                                            life are such as to support the belief that                (2) Operates on the navigable waters               waters specified in 33 CFR 89.25.
                                            his or her presence on board vessels of                 of the United States; or                                 Year means 360 days, for the purpose
                                                                                                       (3) Transfers oil or hazardous material            of complying with the service
                                            the United States is not, or may not be,
                                                                                                    in a port or place subject to the                     requirements of this subchapter.
                                            adverse to the security of the United
                                                                                                    jurisdiction of the United States.
                                            States.                                                    Tankerman-Assistant means a person                 § 10.109   Classification of endorsements.
                                               Self-propelled has the same meaning                  holding a valid ‘‘Tankerman-Assistant’’
                                            as the terms ‘‘propelled by machinery’’                                                                         (a) The following officer
                                                                                                    endorsement to his or her Merchant                    endorsements are established in part 11
                                            and ‘‘mechanically propelled.’’ This                    Mariner Credential.
                                            term includes vessels fitted with both                                                                        of this subchapter. The endorsements
                                                                                                       Tankerman-Engineer means a person                  indicate that an individual holding a
                                            sails and mechanical propulsion.                        holding a valid ‘‘Tankerman-Engineer’’
                                               Self-propelled tank vessel means a                                                                         valid MMC with this endorsement is
                                                                                                    endorsement to his or her Merchant
                                            self-propelled tank vessel, other than a                                                                      qualified to serve in that capacity and
                                                                                                    Mariner Credential.
                                            tankship.                                                                                                     the endorsement has been issued under
                                                                                                       Tankerman-PIC means a person
                                               Senior company official means the                    holding a valid ‘‘Tankerman-PIC’’                     the requirements contained in part 11 of
                                            president, vice president, vice president               endorsement to his or her Merchant                    this subchapter:
                                            for personnel, personnel director, or                   Mariner Credential.                                     (1) Master.
                                            similarly titled or responsible                            Tankerman-PIC (Barge) means a                        (2) Chief mate.
                                            individual, or a lower-level employee                   person holding a valid ‘‘Tankerman-PIC                  (3) Second mate.
                                            designated in writing by one of these                   (Barge)’’ endorsement to his or her                     (4) Third mate.
                                            individuals for the purpose of certifying               Merchant Mariner Credential.                            (5) Mate.
                                                                                                       Tankship means any tank vessel                       (6) Apprentice mate (Steersman).
                                            employment and whose signature is on
                                                                                                    constructed or adapted primarily to                     (7) Chief engineer.
                                            file at the Regional Examination Center
                                                                                                    carry oil or hazardous material in bulk                 (8) First assistant engineer.
                                            (REC) at which application is made.
                                                                                                    as cargo or as cargo residue and                        (9) Second assistant engineer.
                                               Service as, as used when computing                                                                           (10) Third assistant engineer.
                                            the required service for MODU                           propelled by power or sail.
                                                                                                       Transfer means any movement of                       (11) Assistant engineer.
                                            endorsements, means the time period,                                                                            (12) Designated duty engineer.
                                            in days, a person is assigned to work on                dangerous liquid or liquefied gas as
                                                                                                    cargo in bulk or as cargo residue to,                   (13) Staff officers who are registered
                                            MODUs, excluding time spent ashore as                                                                         in the following grades:
                                            part of crew rotation. A day is a                       from, or within a vessel by means of
                                                                                                    pumping, gravitation, or displacement.                  (i) Chief purser.
                                            minimum of four hours, and no                                                                                   (ii) Purser.
                                            additional credit is received for periods               Section 13.127 of this chapter describes
                                                                                                    what qualifies as participation in a                    (iii) Senior assistant purser.
                                            served over eight hours.                                                                                        (iv) Junior assistant purser.
                                               Simulated transfer means a transfer                  creditable transfer.
                                                                                                       Transportation Worker Identification                 (v) Medical doctor.
                                            practiced in a course meeting the                                                                               (vi) Professional nurse.
                                            requirements of § 13.121 of this chapter                Credential or TWIC means an
                                                                                                    identification credential issued by the                 (vii) Marine physician assistant.
                                            that uses simulation supplying part of                                                                          (viii) Hospital corpsman.
                                            the service on transfers required for                   Transportation Security Administration
                                                                                                    under 49 CFR part 1572.                                 (b) The following rating endorsements
                                            tankerman by § 13.203 or 13.303 of this                                                                       are established in part 12 of this
                                                                                                       Underway means that a vessel is not
                                            chapter.                                                                                                      subchapter. The endorsements indicate
                                                                                                    at anchor, made fast to the shore, or
                                               Staff officer means a person who                     aground. When referring to a mobile                   that an individual holding a valid MMC
                                            holds an officer endorsement on a                       offshore drilling unit (MODU),                        with this endorsement is qualified to
                                            Merchant Mariner Credential listed in                   underway means that the MODU is not                   serve in that capacity and the
                                            § 10.109(a)(13).                                        in an on-location or laid-up status and               endorsement has been issued under the
                                               Standard of competence means the                     includes that period of time when the                 requirements contained in part 12 of
                                            level of proficiency to be achieved for                 MODU is deploying or recovering its                   this subchapter:
                                            the proper performance of duties on                     mooring system.                                         (1) Able seaman.
                                            board vessels according to national and                    Undocumented vessel means a vessel                   (2) Ordinary seaman.
                                            international criteria.                                 not required to have a document issued                  (3) Qualified member of the engine
                                               STCW means the International                         under the laws of the United States.                  department.
                                            Convention on Standards of Training,                       Upper level is used as a category of                 (4) Lifeboatman.
                                            Certification and Watchkeeping for                      deck and engineer officer endorsements                  (5) Wiper.
                                            Seafarers, 1978, as amended                             established for assessment of fees.                     (6) Steward’s department (F.H.).
                                            (incorporated by reference in § 10.103).                Upper-level endorsements are those for                  (7) Cadet.
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                                               STCW Code means the Seafarer’s                       which the requirements are listed in                    (8) Student observer.
                                            Training, Certification and                             §§ 11.404 to 11.407 of this subchapter                  (9) Apprentice engineer.
                                            Watchkeeping Code, as amended                           and §§ 11.510, 10.512, 10.514, and                      (10) Apprentice mate.
                                            (incorporated by reference in § 10.103).                11.516 of subpart E of this subchapter.                 (c) The following ratings are
                                               STCW endorsement means an                               Western rivers means the Mississippi               established in part 13 of this subchapter.
                                            annotation on an Merchant Mariner                       River, its tributaries, South Pass, and               The endorsements indicate that an


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                                            29496                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            individual holding a valid MMC with                     mariner to whom it is issued, the                     capacity endorsed on the MMC, or in
                                            this endorsement is qualified to serve in               Transportation Worker Identification                  any lower capacity in the same
                                            that capacity and the endorsement has                   Credential (TWIC) is the primary                      department, or in any capacity covered
                                            been issued under the requirements                      identification document for mariners.                 by a general endorsement thereon.
                                            contained in part 13 of this subchapter:                  (c) An MMC authorizes the holder to                    (h) If a mariner chooses to renew their
                                               (1) Tankerman-PIC.                                   serve in any capacity endorsed thereon,               License, MMD, COR, or STCW
                                               (2) Tankerman-PIC (Barge).                           or in any lower capacity in the same                  Certificate and receive their first MMC,
                                               (3) Restricted Tankerman-PIC.                        department, or in any capacity covered                the Coast Guard may also renew all
                                               (4) Restricted Tankerman-PIC (Barge).                by a general endorsement.                             other credentials for which the mariner
                                               (5) Tankerman-Assistant.                                                                                   is qualified.
                                               (6) Tankerman-Engineer.                              § 10.203 Requirement to hold a TWIC and
                                               (d) The following STCW                               a Merchant Mariner Credential.                        § 10.207   Identification number.
                                            endorsements are established by STCW                      (a) Any mariner required to hold a                    For recordkeeping purposes only, a
                                            and issued according to the STCW Code                   License, MMD, Certificate of Registry,                mariner’s official MMC identification
                                            and Convention and parts 11 and 12 of                   and/or an STCW Endorsement by a                       number is the individual’s social
                                            this subchapter. The endorsements                       regulation in 33 CFR chapter I or 46 CFR              security number. However, a unique
                                            indicate that an individual holding a                   chapter I must instead hold an MMC. A                 serial number, and not the social
                                            valid MMC with this endorsement is                      mariner may continue to serve under                   security number, will appear on the
                                            qualified to serve in that capacity and                 the authority of and within any                       credential.
                                            the endorsement has been issued under                   restriction on their License, MMD,
                                                                                                    Certificates of Registry, and/or STCW                 § 10.209   Application procedures.
                                            the requirements contained in parts 11
                                            or 12 of this subchapter as well as the                 Endorsement, until the first renewal or                  (a) The applicant for an MMC or
                                            STCW Convention and Code                                upgrade of that credential but not later              endorsement, whether original, renewal,
                                            (incorporated by reference see § 10.103):               than [date five years after effective date            duplicate or raise of grade, must
                                               (1) Master.                                          of the final rule].                                   establish to the satisfaction of the Coast
                                               (2) Chief Mate.                                        (b) No MMC, License, MMD,                           Guard that he or she satisfies all the
                                               (3) Officer in Charge of a Navigational              Certificate of Registry, or STCW                      requirements for the MMC and
                                            Watch (OICNW).                                          Endorsement will be valid unless the                  endorsement(s) sought before the Coast
                                               (4) Chief Engineer.                                  holder also holds a valid TWIC.                       Guard will issue the MMC. This section
                                               (5) Second Engineer Officer.                           (c) An MMC, License, MMD,                           contains the general requirements for all
                                               (6) Officer in Charge of an Engineering              Certificate of Registry, or STCW                      applicants. Additional requirements for
                                            Watch in a Manned Engineroom or                         Endorsement must be retained by the                   duplicates, renewals and raises in grade
                                            Designated Duty Engineer in a                           mariner to whom it was issued and,                    appear later in this part.
                                            Periodically Unmanned Engineroom                        while valid, must be produced to verify                  (b) The Coast Guard may refuse to
                                            (OICEW).                                                qualifications when required by an                    process an incomplete MMC
                                               (7) Rating Forming Part of a                         authorized official.                                  application.
                                            Navigational Watch (RFPNW).                               (d) A TWIC must be retained by the                     (c) A complete application for an
                                               (8) Rating Forming Part of a Watch in                mariner to whom it was issued and,                    MMC or endorsement, must contain the
                                            a Manned Engineroom or designated to                    while valid, shall serve as the mariner’s             following:
                                            perform duties in a periodically                        primary identification document. The                     (1) A signed written application;
                                            unmanned engineroom (RFPEW).                            TWIC must be produced to verify                          (2) Proof that the mariner holds a
                                               (9) Proficiency in Survival Craft and                identity when required by an authorized               valid TWIC, except as provided in
                                            Rescue Boats other than Fast Rescue                     official.                                             § 10.227(i);
                                            boats (PSC).                                                                                                     (3) Information supplied by TSA.
                                                                                                    § 10.205 Validity of a Merchant Mariner               Upon issuance of a TWIC by TSA, a
                                               (10) Proficiency in Fast Rescue Boats.               Credential.
                                               (11) Person in Charge of Medical Care.                                                                     mariner’s fingerprints, FBI number and
                                                                                                       (a) An MMC is valid for a term of five             criminal record (if applicable),
                                               (12) Medical First Aid Provider.
                                               (13) GMDSS At-Sea Maintainer.                        years from the date of issuance.                      photograph, proof of citizenship and
                                                                                                       (b) All endorsements are valid until               proof of legal resident alien status (if
                                               (14) GMDSS Operator.
                                                                                                    the expiration date of the MMC on                     applicable) will be made available,
                                            Subpart B—General Requirements for                      which they appear.                                    electronically, to the Coast Guard and
                                            all Merchant Mariner Credentials                           (c) A mariner may not serve under the              will be made a part of the mariner’s
                                                                                                    authority of an MMC past its expiration               MMC application;
                                            § 10.201 General characteristics of the                 date. An expired MMC may be renewed                      (4) Except as provided in § 10.227(i),
                                            Merchant Mariner Credential.                            during an administrative grace period of              all applications must contain all
                                               (a) A Merchant Mariner Credential                    up to one year beyond its expiration                  supplementary materials required to
                                            (MMC) (Coast Guard Form CG–XXXX),                       date as per § 10.227 (j) of this part.                show that the mariner meets the
                                            is a credential combining the elements                     (d) When an MMC is renewed or re-                  mandatory requirements for the specific
                                            of the Merchant Mariner’s Document                      issued prior to its expiration date in                endorsement sought;
                                            (MMD), License, and Certificate of                      accordance with § 10.227, the MMC that                   (i) The mandatory requirements for
                                            Registry (COR) enumerated in 46 U.S.C.                  has been replaced becomes void.                       officer endorsements are contained in
                                            subtitle II, part E. MMDs, Licenses,                       (e) An MMC is not valid until signed               part 11 of this chapter.
                                            STCW endorsements and CORs will no                      by the applicant and the OCMI or the                     (ii) The mandatory requirements for
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                                            longer be issued and all qualifications                 OCMI’s designated representative.                     rating endorsements are contained in
                                            formerly entered on those separate                         (f) A mariner’s STCW Endorsement is                part 12 of this chapter.
                                            credentials will appear in the form of an               valid only when the related officer or                   (iii) For a tankerman rating
                                            endorsement(s) on an MMC.                               rating endorsement is valid.                          endorsement, the applicant must also
                                               (b) Although an MMC contains                            (g) A mariner’s endorsements                       provide those documents or proofs
                                            information necessary to identify the                   authorize the holder to serve in any                  required in part 13 of this chapter.


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                                                                               Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                                             29497

                                               (iv) The mandatory requirements for                                       (1) A properly completed application                                    process. The applicant’s fingerprints
                                            STCW Endorsements are contained in                                        on a Coast Guard-furnished form and                                        will be used by the Coast Guard to
                                            parts 11 and 12 of this chapter and in                                    the evaluation fee required by § 10.219                                    determine whether the applicant has a
                                            the STCW Convention and Code                                              of this part;                                                              record of a criminal conviction.
                                            (Incorporated by reference, see                                              (2) The applicant’s continuous                                             (d) When a criminal record review
                                            § 10.103).                                                                discharge book, certificate of                                             leads the Coast Guard to determine that
                                               (5) The appropriate fee as set forth in                                identification, MMD, MMC, License,                                         an applicant is not a safe and suitable
                                            § 10.219 of this part;                                                    STCW Endorsement, Certificate of                                           person or cannot be entrusted with the
                                               (6) If the applicant holds a continuous                                Registry or, if it has not expired, a                                      duties and responsibilities of the MMC
                                            discharge book, certificate of                                            photocopy of the credential, including                                     or endorsement applied for, the
                                            identification, MMD, MMC, License,                                        the back and all attachments;                                              application may be disapproved.
                                            STCW Endorsement or Certificate of                                           (3) Proof on a form provided by the
                                                                                                                      Coast Guard that the applicant passed                                         (e) If an application is disapproved,
                                            Registry, it must be exhibited at the time
                                                                                                                      the applicable vision, hearing, medical                                    the applicant will be notified in writing
                                            of application;
                                                                                                                      or physical exam as required by § 10.215                                   of that fact, and, except as provided by
                                               (7) Criminal record review. No MMC
                                                                                                                      of this part;                                                              this paragraph, the reason or reasons for
                                            or endorsement will be issued until the
                                                                                                                         (4) If the applicant desires a credential                               disapproval and advised that the appeal
                                            applicant has passed a criminal record
                                                                                                                      with a radar-observer endorsement,                                         procedures in subpart 1.03 of part 1 of
                                            review as set forth in § 10.211 of this
                                                                                                                      either the radar-observer certificate or a                                 this chapter apply. No examination will
                                            part;
                                                                                                                      certified copy;                                                            be given pending decision on appeal.
                                               (8) National Driver Register. No MMC
                                                                                                                         (5) Evidence of, or acceptable                                          The applicant will be notified in writing
                                            or endorsement will be issued until the
                                                                                                                      substitute for, sea service for an officer’s                               of the reason or reasons for disapproval,
                                            applicant has passed a National Driver
                                                                                                                      endorsement;                                                               unless the Coast Guard determines that
                                            Register review as set forth in § 10.121
                                                                                                                         (6) For an endorsement as a medical                                     the disclosure of information is
                                            of this part;
                                                                                                                      doctor or professional nurse, evidence                                     prohibited by law, regulation, or agency
                                               (9) Drug test. To obtain an original or
                                                                                                                      that the applicant holds a currently                                       policy, in which case the reason(s) will
                                            renewal MMC, a raise in grade of officer
                                                                                                                      valid, appropriate license as physician,                                   not be disclosed.
                                            endorsement, or the first endorsement
                                                                                                                      surgeon, or registered nurse, issued                                          (f) No person who has been convicted
                                            as able seaman, lifeboatman, qualified
                                                                                                                      under the authority of a state or territory                                of a violation of the dangerous drug
                                            member of the engine department , or
                                                                                                                      of the United States, the Commonwealth                                     laws of the United States, the District of
                                            tankerman, an applicant must produce
                                                                                                                      of Puerto Rico, or the District of                                         Columbia, any State, territory, or
                                            evidence of having passed a chemical
                                                                                                                      Columbia. Any MMC issued will retain                                       possession of the United States, or a
                                            test for dangerous drugs or of qualifying
                                                                                                                      any limitation associated with the                                         foreign country, by any military or
                                            for an exception from testing in § 16.220
                                                                                                                      medical License; and                                                       civilian court, is eligible for an MMC,
                                            of this subchapter. An applicant who                                         (7) The open-book exercise, if
                                            fails a chemical test for dangerous drugs                                                                                                            except that a conviction for a drug
                                                                                                                      required, may be administered through                                      offense more than 10 years before the
                                            will not be issued an MMC. Applicants                                     the mail.
                                            requesting an inactive MMC renewal                                                                                                                   date of application will not alone be
                                            under § 10.227(i) of this part are exempt                                 § 10.211         Criminal record review.                                   grounds for denial.
                                            from this requirement;                                                       (a) The Coast Guard may conduct a                                          (g) The Coast Guard will use table
                                               (10) An applicant for an endorsement                                   criminal record review to determine the                                    10.211(g) to evaluate applicants who
                                            where sea service is required must                                        safety and suitability of an applicant for                                 have criminal convictions. The tables
                                            produce with the application,                                             an MMC and any endorsements. An                                            list major categories of criminal activity
                                            discharges or other documentary                                           applicant conducting simultaneous                                          and are not to be construed as an all-
                                            evidence of service, indicating the                                       MMC transactions will undergo a single                                     inclusive list. If an applicant is
                                            name, tonnage, and horsepower of the                                      criminal record review. Each applicant                                     convicted of an offense that does not
                                            vessels, dates of service, capacity in                                    must provide written disclosure of all                                     appear on the list, the Coast Guard will
                                            which the applicant served, and on                                        prior convictions at the time of                                           establish an appropriate assessment
                                            what waters; and                                                          application.                                                               period using the list as a guide. The
                                               (11) All applicants must comply with                                      (b) A criminal record review is                                         assessment period commences when an
                                            the medical and physical standards of                                     required for applicants seeking a                                          applicant is no longer incarcerated. The
                                            § 10.215 of this part.                                                    duplicate MMC under § 10.229.                                              applicant must establish proof of the
                                               (d) The written portion of the                                            (c) Fingerprints. The Transportation                                    time incarcerated and periods of
                                            application may be submitted by mail,                                     Security Administration (TSA) will                                         probation and parole to the satisfaction
                                            fax, or other electronic means. The                                       provide to the Coast Guard electronic                                      of the Coast Guard. The assessment
                                            written portion of the application may                                    fingerprint images submitted by the                                        period may include supervised or
                                            include:                                                                  applicant in the TWIC enrollment                                           unsupervised probation or parole.

                                                      TABLE 10.211(G).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS
                                                                                                                                                                                                                                  Assessment periods
                                                                                                                            Crime 1
                                                                                                                                                                                                                                Minimum            Maximum
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                                                                                                                                      Crimes Against Persons

                                            Homicide (intentional) ...................................................................................................................................................      7   years ........    20 years.
                                            Homicide (unintentional) ...............................................................................................................................................        5   years ........    10 years.
                                            Assault (aggravated) ....................................................................................................................................................       5   years ........    10 years.
                                            Assault (simple) ............................................................................................................................................................   1   year ..........   5 years.



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                                            29498                               Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                    TABLE 10.211(G).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE CRIMINAL CONVICTIONS—
                                                                                                Continued
                                                                                                                                                                                                                                     Assessment periods
                                                                                                                              Crime 1
                                                                                                                                                                                                                                  Minimum            Maximum

                                            Sexual Assault (rape, child molestation) ......................................................................................................................                     5 years ........    10 years.
                                            Robbery ........................................................................................................................................................................    5 years ........    10 years.
                                            Other crimes against persons 2

                                                                                                                                        Crimes Against Property

                                            Burglary ........................................................................................................................................................................   3 years ........    10 years.
                                            Larceny (embezzlement) ..............................................................................................................................................               3 years ........    5 years.
                                            Other crimes against property 2

                                                                                                                                              Vehicular Crimes

                                            Conviction involving fatality ..........................................................................................................................................            1 year ..........   5 years.
                                            Reckless Driving ...........................................................................................................................................................        1 year ..........   2 years.
                                            Racing on the Highways ..............................................................................................................................................               1 year ..........   2 years.
                                            Other vehicular crimes 2

                                                                                                                                    Crimes Against Public Safety

                                            Destruction of Property .................................................................................................................................................           5 years ........    10 years.
                                            Other crimes against public safety 2

                                                                                                                         Criminal Violations of Environmental Laws

                                            Criminal violations of environmental laws involving improper handling of pollutants or hazardous materials ............                                                             1 year ..........   10 years.

                                                                                                                                    Dangerous Drug Offenses 3,4,5

                                            Trafficking (sale, distribution, transfer) .........................................................................................................................                5 years ........    10 years.
                                            Dangerous drugs (Use or possession) ........................................................................................................................                        1 year ..........   10 years.
                                            Other dangerous drug convictions 6
                                                1 Conviction of attempts, solicitations, aiding and abetting, accessory after the fact, and conspiracies to commit the criminal conduct listed in
                                            this table carry the same minimum and maximum assessment periods provided in the table.
                                                2 Other crimes are to be reviewed by the OCMI to determine the minimum and maximum assessment periods depending on the nature of the
                                            crime.
                                                3 Applicable to original applications only. Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet
                                            the requirements of paragraph (f) of this section. Note: Applicants for reissue of an MMC with a new expiration date including a renewal or addi-
                                            tional endorsement(s), who have been convicted of a dangerous drug offense while holding a License, MMC, MMD, STCW Endorsement or Cer-
                                            tificate of Registry, may have their application withheld until appropriate action has been completed by the OCMI under the regulations which ap-
                                            pear in 46 CFR part 5 governing the administrative actions against merchant mariner credentials.
                                                4 The OCMI may consider dangerous drug convictions more than 10 years old only if there has been a dangerous drug conviction within the
                                            past 10 years.
                                                5 Applicants must demonstrate rehabilitation under paragraph (l) of this section, including applicants with dangerous drug use convictions more
                                            than ten years old.
                                                6 Other dangerous drug convictions are to be reviewed by the OCMI on a case by case basis to determine the appropriate assessment period
                                            depending on the nature of the offense.


                                              (h) When an applicant has                                                 service in the merchant marine are                                           minimum and maximum assessment
                                            convictions for more than one offense,                                      listed in paragraph (l) of this section.                                     periods shown in table 10.211(g) or
                                            the minimum assessment period will be                                       The Coast Guard will consider the                                            established by the Coast Guard under
                                            the longest minimum in table 10.211(g)                                      applicant’s evidence submitted with the                                      paragraph (g) of this section, then the
                                            and table 10.213(d) of § 10.213 based                                       application and may issue the MMC                                            Coast Guard will consider the
                                            upon the applicant’s convictions; the                                       and/or endorsement in less than the                                          conviction and, unless there are
                                            maximum assessment period will be the                                       listed minimum assessment period if                                          offsetting factors, will grant the
                                            longest shown in table 10.211(g) and                                        the Coast Guard is satisfied that the                                        applicant the MMC and/or endorsement
                                            table 10.213(d) of § 10.213 based upon                                      applicant is suitable to hold the MMC                                        for which he or she has applied.
                                            the applicant’s convictions.                                                and/or endorsement for which he or she                                       Offsetting factors include such factors as
                                              (i) If a person with a criminal                                           has applied. If an application filed                                         multiple convictions, failure to comply
                                            conviction applies before the minimum                                       before the minimum assessment period                                         with court orders (e.g., child support
                                            assessment period shown in table                                            has elapsed does not include evidence                                        orders), previous failures at
                                            10.211(g), or established by the Coast                                      of suitability for service in the merchant                                   rehabilitation or reform, inability to
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                                            Guard under paragraph (g) of this                                           marine, then the application will be                                         maintain steady employment, or any
                                            section has elapsed, then the applicant                                     considered incomplete and will not be                                        connection between the crime and the
                                            must provide, as part of the application                                    processed by the Coast Guard.                                                safe operation of a vessel. If the Coast
                                            package, evidence of suitability for                                           (j) If a person with a criminal                                           Guard considers the applicant
                                            service in the merchant marine. Factors                                     conviction submits their MMC                                                 unsuitable for service in the merchant
                                            which are evidence of suitability for                                       application during the time between the                                      marine at the time of application, the


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                                                                              Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                 29499

                                            Coast Guard may disapprove the                                     (1) Proof of completion of an                       205(a)(3)(A) or (B) of the NDR Act (i.e.,
                                            application.                                                     accredited alcohol or drug abuse                      operation of a motor vehicle while
                                              (k) If a person with a criminal                                rehabilitation program;                               under the influence of, or impaired by,
                                            conviction submits their MMC                                       (2) Active membership in a                          alcohol or a controlled substance; and
                                            application after the maximum                                    rehabilitation or counseling group, such              any traffic violations arising in
                                            assessment period shown in table                                 as Alcoholics Anonymous or Narcotics                  connection with a fatal traffic accident,
                                            10.211(g) or established by the Coast                            Anonymous;                                            reckless driving, or racing on the
                                            Guard under paragraph (g) of this                                  (3) Character references from persons               highways).
                                            section, has elapsed, then the Coast                             who can attest to the applicant’s                        (b) No person who has ever been
                                            Guard will grant the applicant the MMC                           sobriety, reliability, and suitability for            convicted of an offense described in
                                            or endorsement for which he or she has                           employment in the merchant marine                     section 205 of the National Driver
                                            applied unless the Coast Guard                                   including parole or probation officers;               Register Act of 1982, as amended (49
                                            considers the applicant still unsuitable                           (4) Steady employment; and                          U.S.C. 30304) because of addiction to or
                                                                                                               (5) Successful completion of all                    abuse of alcohol is eligible for an MMC,
                                            for service in the merchant marine. If
                                                                                                             conditions of parole or probation.                    unless he or she furnishes satisfactory
                                            the Coast Guard disapproves an                                     (m) In the event an MMC has already
                                            applicant with a conviction older than                                                                                 evidence of suitability for service in the
                                                                                                             been issued when information about the
                                            the maximum assessment period listed                                                                                   merchant marine as provided in
                                                                                                             applicant’s criminal record is brought to
                                            in table 10.211(g), the Coast Guard will                                                                               paragraph (g) of this section.
                                                                                                             the attention of the Coast Guard, if such
                                            notify the applicant in writing of the                           information warrants the belief that the                 (c) The Coast Guard will not consider
                                            reason(s) for the disapproval. The Coast                         applicant cannot be entrusted with the                NDR-listed civil convictions that are
                                            Guard will also inform the applicant, in                         duties and responsibilities of the MMC                more than three years old from the date
                                            writing, that the reconsideration and                            or endorsement issued, or if such                     of request unless that information
                                            appeal procedures contained in subpart                           information indicates that the                        relates to a current suspension or
                                            1.03 of this chapter apply.                                      application for the MMC or                            revocation of the applicant’s License to
                                              (l) If an applicant has one or more                            endorsement was false or incomplete,                  operate a motor vehicle. The Coast
                                            alcohol or dangerous drug related                                the Coast Guard may notify the holder                 Guard may determine minimum and
                                            criminal or NDR listed convictions, if                           in writing that the MMC is considered                 maximum assessment periods for NDR
                                            the applicant has ever been the user of,                         null and void, direct the holder to                   listed criminal convictions using table
                                            or addicted to the use of, a dangerous                           return it to the Coast Guard, and advise              10.213(d). An applicant conducting
                                            drug, or if the applicant applies before                         the holder that, upon return of the                   simultaneous MMC transactions is
                                            the minimum assessment period for his                            MMC, the appeal procedures of subpart                 subject to only one NDR check.
                                            or her conviction has elapsed, the Coast                         1.03 of part 1 of this chapter apply.                    (d) The guidelines in table 10.213(d)
                                            Guard may consider the following                                                                                       will be used by the Coast Guard in
                                            factors, as applicable, in assessing the                         § 10.213    National Driver Register.                 evaluating applicants who have drug or
                                            applicant’s suitability to hold an MMC.                            (a) No MMC will be issued as an                     alcohol related NDR listed convictions.
                                            This list is intended as a guide for the                         original or reissued with a new                       Non-drug or alcohol related NDR-listed
                                            Coast Guard. The Coast Guard may                                 expiration date unless the applicant                  convictions will be evaluated by the
                                            consider other factors appropriate to a                          consents to a check of the NDR for                    Coast Guard under table 10.211(g) of
                                            particular applicant, such as:                                   offenses described in section                         § 10.211 as applicable.

                                                       TABLE 10.213(D).—GUIDELINES FOR EVALUATING APPLICANTS FOR MMCS WHO HAVE NDR MOTOR VEHICLE
                                                                            CONVICTIONS INVOLVING DANGEROUS DRUGS OR ALCOHOL 1
                                            No. of convictions                   Date of conviction                                                       Assessment period

                                            1 .........................   Less than 1 year .....................   1 year from date of conviction.
                                            1 .........................   More than 1, less than 3 years           Application will be processed, unless suspension, or revocation 2 is still in effect. Applicant
                                                                                                                     will be advised that additional conviction(s) may jeopardize merchant mariner credentials.
                                            1 .........................   More than 3 years old ............       Not necessary unless suspension or revocation is still in effect.
                                            2 or more ...........         Any less than 3 years old .......        1 year since last conviction and at least 3 years from 2nd most recent conviction, unless
                                                                                                                     suspension or revocation is still in effect.
                                            2 or more ...........         All more than 3 years old .......        Application will be processed unless suspension or revocation is still in effect.
                                               1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (a) of
                                            this section.
                                               2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor vehicle operator’s license.




                                               (e) Any application may be                                    subpart 1.03 of part 1 of this chapter                (REC) processing the application. The
                                            disapproved if information from the                              apply. No examination will be given                   REC will hold an application with NDR-
                                            NDR check leads the Coast Guard to                               pending decision on appeal.                           listed convictions pending the
                                            determine that the applicant cannot be                             (f) Before disapproving an application              completion of the evaluation and
                                            entrusted with the duties and                                    because of information received from                  delivery by the individual of the
                                            responsibilities of the MMC or                                   the NDR, the Coast Guard will make the                underlying State records.
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                                            endorsement for which the application                            information available to the applicant                   (g) If an applicant has one or more
                                            is made. If an application is                                    for review and written comment. The                   alcohol or dangerous drug related
                                            disapproved, the Coast Guard will                                applicant may submit records from the                 criminal or NDR-listed convictions, if
                                            notify the applicant in writing of the                           applicable State concerning driving                   the applicant has ever been the user of,
                                            reason(s) for disapproval and advise the                         record and convictions to the Coast                   or addicted to the use of, a dangerous
                                            applicant that the appeal procedures in                          Guard Regional Examination Center                     drug, or if the applicant applies before


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                                            29500                            Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            the minimum assessment period for his                                     (3) Character references from persons                                        credential listed in column 1. The
                                            or her conviction has elapsed, the Coast                                who can attest to the applicant’s                                              criterion for assessing medical and
                                            Guard may consider the following                                        sobriety, reliability, and suitability for                                     physical competence are published by
                                            factors, as applicable, in assessing the                                employment in the merchant marine                                              the U.S. Coast Guard. Any required test,
                                            applicant’s suitability to hold an MMC.                                 including parole or probation officers;                                        exam or demonstration must have been
                                            This list is intended as a guide for the                                  (4) Steady employment; and                                                   performed or witnessed by a licensed
                                            Coast Guard. The Coast Guard may                                          (5) Successful completion of all                                             medical doctor (including a Doctor of
                                            consider other factors, which he or she                                 conditions of parole or probation.                                             Osteopathy), licensed physician
                                            judges appropriate to a particular                                      § 10.215 Medical and physical                                                  assistant, or licensed nurse practitioner.
                                            applicant, such as:                                                     requirements.                                                                    (1) First class pilots must complete
                                              (1) Proof of completion of an                                           (a) Medical and Physical Exams. To                                           medical exams every 12 months and
                                            accredited alcohol- or drug-abuse                                       qualify for an MMC the applicant must                                          submit them to the Coast Guard.
                                            rehabilitation program;                                                 meet the medical and physical                                                    (2) Medical exams for Great Lakes
                                              (2) Active membership in a                                            standards in this section. Columns 2                                           Pilots must be conducted by a licensed
                                            rehabilitation or counseling group, such                                through 5 of table 10.215(a) provide the                                       medical doctor in accordance with the
                                            as Alcoholics Anonymous or Narcotics                                    specific exam, test, or demonstrations                                         physical exam requirements in 46 CFR
                                            Anonymous;                                                              required to obtain the corresponding                                           402.210.
                                                                                                                                        TABLE 10.215(A);
                                                                                                                                                                                           4 General                            5 Demonstration of physical
                                                  1 Credential                            2 Vision test                                  3 Hearing test                                   medical exam                                   ability

                                            (i) Deck Officers, in-
                                                cluding pilots ..........                10.215(b)(1)(i)                                            X                                                X                                      X
                                            (ii) Engineering Officer                    10.215(b) (1)(ii)                                           X                                                X                                      X
                                            (iii) Staff Officer .........     .............................................    .............................................    .............................................               X
                                            (iv) Radio Officer .......                  10.215(b) (1)(ii)                                           X                                                X                                      X
                                            (v) Offshore Installa-
                                                tion Manager,
                                                Barge Supervisor,
                                                or Ballast Control
                                                Operator .................             10.215(b) (1)(ii)                                           X                                                X                                       X
                                            (vi) Able Seaman .......                   10.215(b) (1)(i)                                            X                                                X                                       X
                                            (vii) QMED .................               10.215(b) (1)(ii)                                           X                                                X                                       X
                                            (viii) RFPNW ..............                10.215(b) (1)(i)                                            X                                                X                                       X
                                            (ix) RFPEW ...............                 10.215(b) (1)(ii)                                           X                                                X                                       X
                                            (x) Tankerman ...........                  10.215(b) (1)(ii)                                           X                                                X                                       X
                                            (xi) Proficiency in sur-
                                                vival craft, rescue
                                                boats, and/or fast
                                                rescue boats and
                                                Lifeboatmen ...........       .............................................    .............................................    .............................................               X
                                            (xii) Food handler ......         .............................................    .............................................                  10.215(d)                                     X
                                            (xiii) Ratings, includ-
                                                ing entry-level,
                                                other than those
                                                listed above ...........      .............................................    .............................................    .............................................               X



                                              (b) Vision Test—(1) Deck Standard.                                       (vi) SAMCTT (School of Aviation                                             threshold of 70 decibels (db) in each ear
                                            An applicant must have vision                                           Medicine Color Threshold Tester).                                              and a functional speech discrimination
                                            correctable to at least 20/40 in one eye                                   (vii) Titmus Optical Vision Tester.                                         of at least 90% at 55 db for each ear.
                                            and uncorrected vision of at least 20/                                     (viii) Williams Lantern.                                                       (2) For all other credential activity
                                            200 in the same eye. An applicant                                          (2) Engineering, radio operator,
                                                                                                                                                                                                   you should have an average hearing
                                            having lost vision in one eye must wait                                 tankerman, and MODU standard. An
                                                                                                                                                                                                   threshold of 70 db or less for each ear
                                            six months before application and                                       applicant must have correctable vision
                                                                                                                                                                                                   and functional speech discrimination of
                                            provide a statement of demonstrated                                     of at least 20/50 in one eye and
                                                                                                                                                                                                   at least 80 percent at 55 db for each ear.
                                            ability on his or her medical                                           uncorrected vision of at least 20/200 in
                                                                                                                    the same eye. And need only have the                                              (d) General medical exam. This exam
                                            examination. The color sense must be                                                                                                                   must be documented and of such scope
                                            determined to be satisfactory when                                      ability to distinguish the colors red,
                                                                                                                    green, blue and yellow.                                                        to ensure that there are no conditions
                                            tested by any of the following methods,                                                                                                                that pose an inordinate risk of sudden
                                                                                                                       (3) Any applicant whose uncorrected
                                            without the use of color sensing lenses:                                                                                                               incapacitation or debilitating
                                                                                                                    vision does not meet the standards
                                              (i) Pseudoisochromatic Plates                                         listed above may not serve under the                                           complication. This exam must also
                                            (Dvorine, 2nd Edition; AOC; revised                                     authority of the endorsement unless                                            document any condition requiring
                                            edition or AOC–HRR; Ishihara 16-,                                                                                                                      medication that impairs judgment or
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                                                                                                                    corrective lenses are worn and spare
                                            24-, or 38-plate editions).                                             lenses are carried on board a vessel.                                          reaction time. Examples of physical
                                              (ii) Eldridge—Green Color Perception                                     (c) Hearing test. Hearing thresholds                                        impairment or medical conditions that
                                            Lantern.                                                                should be checked at 500, 1000, 2000,                                          could lead to disqualification include,
                                              (iii) Farnsworth Lantern.                                             and 3000 Hertz.                                                                but are not limited to, poorly controlled
                                              (iv) Keystone Orthoscope.                                                (1) For an original MMC, you should                                         diabetes, myocardial infarctions,
                                              (v) Keystone Telebinocular.                                           have an average unaided hearing                                                psychiatric disorders, and convulsive


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                                                                                Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                                  29501

                                            disorders. Additionally, food handlers                                     physical condition necessary, the Coast                                     prepared to conduct the physical
                                            must be free of communicable disease.                                      Guard, after consultation with the                                          examination where required. Merchant
                                               (e) The demonstration of physical                                       examining physician or physician                                            Marine Details may not issue regular
                                            ability. This exam is required for all                                     assistant, may recommend a waiver to                                        certificates, but temporary permits in
                                            mariners except entry-level mariners                                       the Commandant if extenuating                                               lieu thereof. Merchant Marine Details
                                            serving on vessels to which the STCW                                       circumstances warrant special                                               will instruct the recipient of each
                                            does not apply. It must document that                                      consideration. An applicant may submit                                      temporary permit to present it to the
                                            the examiner is satisfied that the                                         to the Coast Guard, additional                                              Officer in Charge, Marine Inspection,
                                            applicant:                                                                 correspondence, records and reports in                                      upon arrival in the first port in the
                                               (1) Has no disturbance in the sense of                                  support of this request. In this regard,                                    United States in which a Sector is
                                            balance;                                                                   recommendations from agencies of the                                        located in order to exchange it for a
                                               (2) Is able, without assistance, to                                     Federal Government operating                                                permanent certificate.
                                            climb up and down vertical ladders and                                     government vessels, as well as owners
                                            inclined stairs;                                                                                                                                          (2) The temporary permit must be
                                                                                                                       and operators of private vessels, made                                      accepted in a Sector as proof that the
                                               (3) Is able, without assistance, to step                                on behalf of their employees, will be
                                            over a door sill or coaming;                                                                                                                           bearer has complied with the rules and
                                                                                                                       given full consideration. Waivers are not                                   regulations governing the issuance of
                                               (4) Is able to grasp, lift, and
                                                                                                                       normally granted to an applicant whose                                      certificates, except as noted in the body
                                            manipulate various common shipboard
                                                                                                                       vision does not meet the requirements                                       of the temporary permit. The
                                            tools; move hands and arms to open and
                                                                                                                       in § 10.227(1)(i) and (1)(ii).                                              requirements noted in the exceptions
                                            close valve wheels in vertical and
                                            horizontal directions, and rotate wrists                                   § 10.217 MMC application and examination                                    will be complied with as in the case of
                                            to turn handles;                                                           locations.                                                                  other applicants.
                                               (5) Does not have any impairment or                                       (a) Applicants may apply for                                                 (3) The written examinations are
                                            disease that could prevent normal                                          Merchant Mariner Credentials at any of                                      forwarded to the National Maritime
                                            movement and physical activities;                                          the following Regional Examination                                          Center by Merchant Marine Details, and
                                               (6) Is able to stand and walk for                                                                                                                   any Sector at which an applicant with
                                                                                                                       Center locations: Alameda, CA.,
                                            extended periods;                                                                                                                                      a temporary permit appears and may
                                               (7) Does not have any impairment or                                     Anchorage, AK., Baltimore, MD.,
                                                                                                                       Boston, MA., Charleston, SC., Honolulu,                                     request and obtain the examination from
                                            disease that could prevent response to a
                                                                                                                       HI., Houston, TX., Juneau, AK.,                                             the National Maritime Center. Any
                                            visual or audible alarm; and
                                               (8) Is capable of normal conversation.                                  Memphis, TN., Miami, FL., New                                               Sector which doubts the propriety of
                                               (f) Reports of medical and physical                                     Orleans, LA., New York, NY., Portland,                                      issuing a permanent certificate instead
                                            exams, demonstrations and tests. These                                     OR., San Pedro, CA., Seattle, WA., St.                                      of a temporary permit which has been
                                            reports must be submitted within 12                                        Louis, MO., Toledo, OH.                                                     issued by a foreign Merchant Marine
                                            months from the date signed by the                                           (b) Coast Guard-designated facilities.                                    Detail must inform the National
                                            licensed medical professional. When                                        The Coast Guard may designate                                               Maritime Center fully as to the
                                            submitted with a complete application                                      additional locations to provide services                                    circumstances.
                                            package under § 10.209(c)(6), these                                        to applicants for MMCs.
                                                                                                                                                                                                   § 10.219(a)    Fees.
                                            reports remain valid for 12 months from                                      (c) Exam Locations. (1) Coast Guard
                                            the date of the application approval.                                      Merchant Marine Details may conduct                                           (a) Use table 10.219(a) of this section
                                               (g) Where an applicant does not                                         exams at locations other than the                                           to calculate the mandatory fees for
                                            possess the vision, hearing, or general                                    Regional Exam Centers, but are not                                          MMCs and associated endorsements.

                                                                                                                                    TABLE 10.219(A).—FEES
                                                                                                                                                                                                                      And you need* * *
                                                                                                             If you apply for                                                                              Evaluation     Examination      Issuance
                                                                                                                                                                                                          then the fee    then the fee   then the fee
                                                                                                                                                                                                             is* * *         is* * *        is* * *

                                            MMC with Officer Endorsement:
                                            Original:
                                                 Upper level .......................................................................................................................................             $100            $110            $45
                                                 Lower level .......................................................................................................................................              100              95             45
                                            Raise of grade .........................................................................................................................................              100              45             45
                                            Modification or removal of limitation or scope .........................................................................................                               50              45             45
                                                 Endorsement ....................................................................................................................................                  50              45             45
                                                 Renewal ............................................................................................................................................              50              45             45
                                            Radio Officer Endorsement:
                                                 Original .............................................................................................................................................            50               45            45
                                                 Renewal ............................................................................................................................................              50              n/a            45
                                            Staff Officer Endorsements:
                                                 Original .............................................................................................................................................            90              n/a            45
                                                 Renewal ............................................................................................................................................              50              n/a            45
                                            MMC with Rating Endorsement:
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                                            Original endorsement for ratings other than qualified ratings .................................................................                                        95              n/a            45
                                            Original endorsement for qualified rating ................................................................................................                             95             140             45
                                            Upgrade or Raise in Grade .....................................................................................................................                        95             140             45
                                            Renewal endorsement for ratings other than qualified ratings ...............................................................                                           50              n/a            45
                                            Renewal endorsement for qualified rating ...............................................................................................                               50               45            45
                                            STCW Certification:
                                                 Original .............................................................................................................................................        No fee          No fee         No fee



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                                            29502                              Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                                                                                                       TABLE 10.219(A).—FEES—Continued
                                                                                                                                                                                                                    And you need* * *

                                                                                                             If you apply for                                                                            Evaluation    Examination      Issuance
                                                                                                                                                                                                        then the fee   then the fee   then the fee
                                                                                                                                                                                                           is* * *        is* * *        is* * *

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


                                               (b) Fee payment procedures. You may                                    one year from the date of the application                                  and Young Men’s Christian Association
                                            pay:                                                                      approval. An examination fee will also                                     of the United States of America.
                                               (1) All fees required by this section                                  be charged to process an open book                                            (3) A letter from an organization
                                            when you submit your application; or                                      exercise used to renew an MMC. If an                                       determined eligible under paragraph
                                               (2) A fee for each phase at the                                        officer endorsement examination under                                      (h)(2) of this section must also
                                            following times:                                                          part 11 of this chapter also fulfills the                                  accompany the person’s MMC
                                               (i) An evaluation fee when you submit                                  examination requirements in part 12 of                                     application to the Coast Guard. The
                                            your application.                                                         this chapter for rating endorsements,                                      letter must state that the purpose of the
                                               (ii) An examination fee before you                                     only the fee for the officer endorsement                                   person’s application is solely to further
                                            take the first examination section.                                       examination is charged.                                                    the conduct of the organization’s
                                               (iii) An issuance fee before you                                          (3) Issuance fees. Only one issuance                                    maritime activities. The applicant then
                                            receive your MMC.                                                         fee will be charged for each MMC                                           is eligible under this section to obtain a
                                               (c) If you take your examination                                       application.                                                               no-fee MMC if other requirements for
                                            someplace other than a Regional                                              (f) The Coast Guard may assess                                          the MMC are met.
                                            Examination Center (REC), you must                                        additional charges to anyone to recover                                       (4) An MMC issued to a person under
                                            pay the examination fee to the REC at                                     collection and enforcement costs                                           this section is endorsed restricting its
                                            least one week before your scheduled                                      associated with delinquent payments,                                       use to vessels owned or operated by the
                                            examination date.                                                         failure to pay a fee, or returned checks.                                  sponsoring organization.
                                               (d) Unless the REC provides                                            The Coast Guard will not provide                                              (5) The holder of a no-fee MMC issued
                                            additional payment options, your fees                                     credentialing services to a mariner who                                    under this section may have the
                                            must be paid as follows:                                                  owes money for credentialing services                                      restriction removed by paying the
                                               (1) Your fee payment must be for the                                   previously provided.                                                       appropriate evaluation, examination,
                                            exact amount.                                                                (g) Anyone who fails to pay a fee or                                    and issuance fees that would have
                                               (2) Make your check or money order                                     charge established under this subpart is                                   otherwise applied.
                                            payable to the U.S. Coast Guard, and                                      liable to the United States Government
                                            write your social security number on the                                  for a civil penalty of not more than                                       § 10.221    Applications submitted by aliens.
                                            front of each check or money order.                                       $5,000 for each violation.                                                   No MMC may be issued to an alien
                                               (3) If you pay by mail, you must use                                      (h) No-fee MMC for certain                                              unless the alien is lawfully admitted to
                                            either a check or money order.                                            applicants. (1) For the purpose of this                                    the United States for permanent
                                               (4) If you pay in person, you may pay                                  section, a no-fee MMC applicant is a                                       residence. Only individuals with valid
                                            with cash, check, credit card, or money                                   person who is a volunteer, or part-time                                    U.S. citizenship may apply for officer
                                            order at Coast Guard units where                                          or full-time employee of an organization                                   endorsements.
                                            Regional Examination Centers are                                          which is:
                                            located.                                                                     (i) Charitable in nature.                                               § 10.223 Modification or removal of
                                               (e) Unless otherwise specified in this                                    (ii) Not for profit.                                                    limitations.
                                            part, when two or more endorsements                                          (iii) Youth oriented.                                                      (a) If an Officer in Charge, Marine
                                            are processed on the same application:                                       (2) Determination of eligibility. (i) An                                Inspection, (OCMI) is satisfied by the
                                               (1) Evaluation fees. If an applicant                                   organization may submit a written                                          documentary evidence submitted that
                                            simultaneously applies for a rating                                       request to Commanding Officer, U.S.                                        an applicant is entitled by experience,
                                            endorsement and a deck or engineer                                        Coast Guard National Maritime Center,                                      training, and knowledge to an
                                            officer’s endorsement, only the                                           4200 Wilson Boulevard, Suite 630,                                          endorsement or increase in the scope of
                                            evaluation fee for the officer’s                                          Arlington, VA 22203–1804, in order to                                      any MMC held, any limitations that
                                            endorsement will be charged. If an                                        be considered an eligible organization                                     were previously placed upon the MMC
                                            applicant also simultaneously applies                                     under the criteria set forth in paragraph                                  by that OCMI may be changed or
                                            for a staff officer or radio officer                                      (h)(1) of this section. With the written                                   removed. Such an increase in scope may
                                            endorsement along with the deck or                                        request, the organization must provide                                     include a change in horsepower or
                                            engineer officer’s endorsement, only the                                  evidence of its status as a youth                                          tonnage limitations, or geographic route
                                            evaluation fee for the deck or engineer                                   oriented, not for profit, charitable                                       restrictions.
                                            officer’s endorsement will be charged.                                    organization.                                                                 (b) A endorsement limitation on an
                                            No evaluation fee is charged for an                                          (ii) The following organizations are                                    MMC may not be changed before full
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                                            STCW Endorsement.                                                         accepted by the Coast Guard as meeting                                     information regarding the reason for the
                                               (2) Examination fees. One                                              the requirements of paragraph (h)(1) of                                    limitation is obtained from the OCMI
                                            examination fee will be charged for each                                  this section and need not submit                                           responsible for that limitation.
                                            exam or series of exams for an original,                                  evidence of their status: Boy Scouts of                                       (c) No limitation on any endorsement
                                            raise in grade, or renewal of an                                          America, Sea Explorer Association, Girl                                    may be changed before the applicant has
                                            endorsement on an MMC taken within                                        Scouts of the United States of America,                                    made up any deficiency in the


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                           29503

                                            experience prescribed for the                           photocopy must include the back and                      (6) An applicant for renewal of an
                                            endorsement or endorsement desired                      any attachments. If requested, the old                endorsement as master or mate (pilot) of
                                            and passed any necessary examination.                   credential, with the exception of the                 towing vessels must submit satisfactory
                                                                                                    MMC, will be returned to the applicant.               evidence of—
                                            § 10.225 Issuance of Merchant Mariner                                                                            (i) Having completed a practical
                                                                                                       (f) No credential will be renewed if it
                                            Credentials.                                                                                                  demonstration of maneuvering and
                                                                                                    has been suspended without probation
                                               (a) Applications are valid for 12                    or revoked as a result of action under                handling a towing vessel to the
                                            months from the date of approval.                       part 5 of this chapter or if facts that               satisfaction of a designated examiner; or
                                               (b) Oath. Every person who receives                  would render a renewal improper have                     (ii) Ongoing participation in training
                                            an original MMC must first take an oath,                come to the attention of the Coast                    and drills during the validity of the
                                            before an official authorized to give                   Guard.                                                License or MMC being renewed.
                                            such oath, that he or she will faithfully                  (g) Professional requirements. (1) In                 (h) Except as otherwise provided,
                                            and honestly, according to his or her                   order to renew a License or MMC with                  each candidate for a renewal of an
                                            best skill and judgment, without                        endorsement as master, mate, engineer,                STCW endorsement must meet the
                                            concealment or reservation, perform all                 pilot, operator, or qualified rating the              applicable requirements of § 11.202 of
                                            the duties required by law and obey all                 applicant must either—                                this chapter and must meet the
                                            lawful orders of superior officers. An                     (i) Present evidence of at least one               requirements of Section A–VI/2,
                                            oath may be administered by any Coast                   year of sea service during the past five              paragraph 1 to 4 of the STCW Code.
                                            Guard-designated individual or any                                                                               (i) Inactive renewal (certificate of
                                                                                                    years;
                                            person legally permitted to administer                                                                        continuity). (1) Applicants for renewal
                                                                                                       (ii) Pass a comprehensive, open-book               who are unwilling or otherwise unable
                                            oaths in the jurisdiction where the                     exercise covering the general subject
                                            person taking the oath resides. An oath                                                                       to meet the requirements of paragraph
                                                                                                    matter contained in appropriate sections              (g) of this section or the medical and
                                            administered at a location other than                   of subpart I of this part;
                                            those listed in § 10.217 must be verified                                                                     physical standards of § 10.215 of this
                                                                                                       (iii) Complete an approved refresher               part may renew their credential by
                                            in writing by the administering official
                                                                                                    training course; or                                   applying for a certificate of continuity.
                                            and submitted to the same Regional
                                                                                                       (iv) Present evidence of employment                The certificate of continuity will appear
                                            Examination Center where the applicant
                                                                                                    in a position closely related to the                  in the form of an MMC with the
                                            applied for his or her MMC. This oath
                                                                                                    operation, construction or repair of                  following restrictive endorsement:
                                            remains binding for any subsequently
                                                                                                    vessels (either deck or engineer as                   ‘‘Merchant Mariner Credential renewed
                                            issued MMC and endorsements added
                                                                                                    appropriate) for at least three years                 for continuity purposes only; service
                                            to the MMC unless specifically
                                                                                                    during the past five years. An applicant              under the authority of this credential is
                                            renounced in writing.
                                                                                                    for a deck license or officer endorsement             prohibited.’’ Holders of MMCs with this
                                               (c) Upon determining that the
                                                                                                    with this type of employment must also                continuity endorsement may have the
                                            applicant satisfactorily meets all
                                                                                                    demonstrate knowledge on an                           prohibition rescinded at any time by
                                            requirements for an MMC or an
                                                                                                    applicable Rules of the Road exercise.                satisfying the renewal requirements in
                                            endorsement thereon, the Coast Guard
                                                                                                       (2) The qualification requirements for             paragraph (g) of this section, and the
                                            will issue the properly endorsed MMC
                                                                                                    renewal of radar observer endorsement                 medical and physical standards of
                                            to the applicant.
                                                                                                    are in § 11.480 of this chapter.                      §§ 10.215 and 10.209(c)(9).
                                               (d) When a new MMC is issued, the
                                            mariner must return the previously                         (3) Additional qualification                          (2) Applications for renewal with the
                                            issued MMC, License, MMD, or STCW                       requirements for renewal of an officer                continuity endorsement must include:
                                            Endorsement, unless the new MMC is                      endorsement as first-class pilot are                     (i) The credential to be renewed, or,
                                            being issued to replace a lost or stolen                contained in § 11.713 of this chapter.                if it is unexpired, a photocopy of the
                                            credential.                                                (4) An applicant for renewal of a radio            credential including the back and all
                                                                                                    officer’s endorsement must, in addition               attachments; and
                                            § 10.227 Additional requirements for                    to meeting the requirements of this                      (ii) A signed statement from the
                                            renewal.                                                section, present a currently valid license            applicant attesting to an awareness of
                                              (a) In addition to the requirements in                as first- or second-class radiotelegraph              the restriction to be placed on the
                                            § 10.209 of this part, applicants for                   operator issued by the Federal                        renewed MMC, and of the requirements
                                            renewal must also meet the                              Communications Commission. This                       for rescinding the continuity
                                            requirements of this section. Except as                 license will be returned to the applicant.            endorsement.
                                            provided in paragraph (i) of this section,                 (5) An applicant for renewal of an                    (j) Administrative grace period.
                                            an applicant for renewal of a credential                endorsement as medical doctor or                      Except as provided herein, a credential
                                            must establish possession of all of the                 professional nurse must, in addition to               may not be renewed more than 12
                                            necessary qualifications before the MMC                 meeting the requirements of this                      months after it has expired. To obtain a
                                            will be renewed.                                        section, present evidence that he or she              reissuance of the credential, an
                                              (b) A credential may be renewed at                    holds a currently valid appropriate                   applicant must comply with the
                                            any time during its validity and for one                license as physician, surgeon, or                     requirements of paragraph (k) of this
                                            year after expiration.                                  registered nurse issued under the                     section. When an applicant’s credential
                                              (c) Applications are valid for 12                     authority of a State or territory of the              expires during a time of service with the
                                            months from the date of approval.                       United States, the Commonwealth of                    Armed Forces and there is no
                                              (d) Each application must be on a                     Puerto Rico, or the District of Columbia.             reasonable opportunity for renewal,
                                            Coast Guard-furnished form and be                       Any such renewal will retain the                      including by mail, this period may be
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                                            accompanied by the appropriate fee set                  limitations placed upon the medical                   extended. The period of military service
                                            forth in § 10.219 of this part.                         license by the issuing body. There are                following the date of expiration which
                                              (e) The applicant must submit the                     no professional requirements for                      precluded renewal may be added to the
                                            original or a photocopy of the MMC,                     renewal of an endorsement as marine                   12-month grace period. The 12-month
                                            MMD, License, Certificate of Registry, or               physician assistant or hospital                       grace period and any extensions do not
                                            STCW Endorsement to be renewed. A                       corpsman.                                             affect the expiration date of the


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                                            29504                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            credential. A License, MMD, COR,                        surgeon, or registered nurse, issued                  evaluation fee set out in § 10.219 of this
                                            STCW Certificate, MMC, and any                          under the authority of a state or territory           part.
                                            endorsements, are not valid for use after               of the United States, the Commonwealth                   (b) Surrendering old License or MMC.
                                            the expiration date.                                    of Puerto Rico, or the District of                    Upon the issuance of a new
                                               (k) Re-issuance of expired credentials.              Columbia. Any MMC issued will retain                  endorsement for raise of grade, the
                                            (1) Whenever an applicant applies for                   any limitation associated with the                    applicant must surrender the old
                                            re-issuance of an endorsement as deck                   medical license; and                                  License or MMC to the OCMI. If
                                            officer, engineer officer, or qualified                   (7) The open-book exercise, if                      requested, the old License or MMC may
                                            rating more than 12 months after                        required, may be administered through                 be returned to the applicant after
                                            expiration, instead of the requirements                 the mail.                                             cancellation.
                                            of paragraph (g) of this section, the                                                                            (c) Age, experience, training, and
                                            applicant must demonstrate continued                    § 10.229 Issuance of duplicate Merchant               assessment. (1) Each applicant for a
                                            professional knowledge by completing a                  Mariner Credentials.                                  raise of grade must establish that he or
                                            course approved for this purpose, or by                    (a) Upon request and without                       she possesses the age, experience, and
                                            passing the complete examination. The                   examination, a mariner may be issued a                training necessary, and has been
                                            examination may be oral-assisted if the                 duplicate credential after submitting an              examined and otherwise assessed as
                                            expired credential was awarded on an                    application with an affidavit describing              may be required to establish
                                            oral exam. The fees set forth in § 10.219               the circumstances of the loss. The Coast              competence to hold the particular
                                            apply to these examinations. In the case                Guard will only issue the duplicate                   endorsement requested, before he or she
                                            of an expired radio officer’s                           credential after confirming the validity              is entitled to a raise in grade.
                                            endorsement, the endorsement may be                     of the mariner’s credential and TWIC.                    (2) Applicants for raise of grade must
                                            issued upon presentation of a valid first-                 (b) The duplicate will have the same               present to the OCMI at a Regional
                                            or second-class radiotelegraph operator                 authority, wording, and expiration date               Examination Center or other Coast
                                            license issued by the Federal                           as the lost credential. A duplicate                   Guard-designated facility, letters,
                                            Communications Commission.                              credential will reference the serial                  discharges, or other official documents
                                               (2) An endorsement for chief purser,                 number, type, place of issue, and date                certifying to the amount and character
                                            purser, senior assistant purser, junior                 of issue of the replaced credential(s).               of their experience and the names of the
                                            assistant purser, hospital corpsman,                    The duplicate issued will be in the form              vessels on which acquired. Certificates
                                            marine physician assistant, medical                     of an MMC. Until [date 5 years after the              of discharge are returned to the
                                            doctor, or professional nurse that has                  effective date of the final rule], if a               applicant after review by the OCMI. All
                                            been expired for more than 12 months                    mariner seeks a duplicate of more than                other documentary evidence of service,
                                            shall be renewed in the same way as a                   one credential, the MMC issued will                   or copies thereof, are filed with the
                                            current endorsement of that type. There                 reflect endorsements for all credentials              application.
                                            are no additional requirements for                      lost, and the expiration date will match                 (3) Sea service acquired prior to the
                                            reissuing endorsements for chief purser,                the earliest expiration date of the                   issuance of the officer endorsement held
                                            purser, senior assistant purser, junior                 credentials lost.                                     is generally not accepted as any part of
                                            assistant purser, hospital corpsman,                       (c) If a person loses a credential by              the service required for raise of grade of
                                            marine physician assistant, medical                     shipwreck or other casualty, a duplicate              that endorsement. However, service
                                            doctor, or professional nurse that have                 will be issued free of charge. The term               acquired prior to issuance of an officer
                                            been expired for more than 12 months.                   ‘‘other casualties’’ includes any damage              endorsement will be accepted for
                                               (l) Submission of application                        to a ship caused by collision, explosion,             certain crossovers, endorsements, or
                                            materials. The written portion of the                   tornado, wreck, flooding, beaching,                   increases in scope of an MMC, as
                                            application may be submitted by mail,                   grounding, or fire; or personal loss                  appropriate. In the limited tonnage
                                            fax, or other electronic means. The                     associated with a federally declared                  categories for deck officers, total
                                            written portion of the application may                  natural disaster.                                     accumulated service is a necessary
                                            include:                                                   (d) If a person loses a credential by              criterion for most raises in grade; service
                                               (1) A properly completed application                 means other than those noted in                       acquired before the issuance of such
                                            on a Coast Guard furnished form and                     paragraph (c) of this section and applies             officer endorsements will, therefore, be
                                            the evaluation fee required by § 10.219                 for a duplicate, the appropriate fee set              accepted.
                                            of this part;                                           out in § 10.219 must be paid.                            (4) No raise of grade may be issued to
                                               (2) The expired credential to be                        (e) No application from an alien for a             any naturalized citizen on less
                                            renewed; or, if it has not expired, a                   duplicate credential will be accepted                 experience in any grade than would
                                            photocopy of the credential, including                  unless the alien complies with the                    have been required of a citizen of the
                                            the back and all attachments;                           requirements of § 10.221 of this part.                United States by birth.
                                               (3) Proof that the applicant passed the                 (f) The Coast Guard may deny                          (5) Experience and service acquired
                                            applicable vision, hearing, medical or                  applications for duplicate credentials                on foreign vessels while holding a valid
                                            physical exam as required by § 10.215 of                for any reason listed in § 10.211.                    U.S. officer endorsement is creditable
                                            this part;                                                                                                    for establishing eligibility for a raise of
                                               (4) If the applicant desires to renew a              § 10.231 Additional requirements for                  grade, subject to evaluation by the OCMI
                                            credential with a radar observer                        raises of grade for officer endorsements.             to determine that it is a fair and
                                            endorsement, either the radar observer                    (a) General. In addition to the                     reasonable equivalent to service
                                            certificate or a certified copy;                        requirements of § 10.209, before any                  acquired on merchant vessels of the
                                               (5) Evidence of, or acceptable                       person is issued a raise of grade of                  United States, with respect to grade,
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                                            substitute for, sea service for the                     officer endorsement, the applicant must               tonnage, horsepower, waters, and
                                            renewal of an officer’s endorsement;                    present satisfactory documentary                      operating conditions. An applicant who
                                               (6) For an endorsement as a medical                  evidence of eligibility. Each applicant               has obtained the qualifying experience
                                            doctor or professional nurse, evidence                  must make written application on a                    on foreign vessels shall submit
                                            that the applicant holds a currently                    Coast Guard furnished form and, unless                satisfactory documentary evidence of
                                            valid, appropriate license as physician,                exempted under § 10.219(h), submit the                such service (including any necessary


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                               29505

                                            translations into English) in the forms                 the same grounds, in the same manner,                 PART 11—NEWLY REDESIGNATED
                                            prescribed by paragraph (c)(2) of this                  and with like procedure as provided in                FROM PART 10 AND AMENDED]
                                            section.                                                46 U.S.C. chapter 77.
                                               (6) An applicant remains eligible for                   (b) When any individual’s credential                 91. The authority citation for part 11
                                            a raise of grade while on probation as                  is revoked, it is no longer valid for any             continues to read as follows:
                                            a result of action under part 5 of this                 purpose and any MMC subsequently                        Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
                                            chapter. A raise of grade issued to a                   requested must be applied for as an                   46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
                                            person on probation will be subject to                  original. When an endorsement on an                   chapter 71; 46 U.S.C. 7502, 7505, 7701, and
                                            the same probationary conditions                        individual’s MMC is revoked, it is no                 8906; Executive Order 10173; Department of
                                            imposed against the applicant’s other                                                                         Homeland Security Delegation No. 0170.1.
                                                                                                    longer valid and any endorsement of the               Section 11.107 is also issued under the
                                            credentials. The offense for which he or                same type subsequently requested must                 authority of 44 U.S.C. 3507.
                                            she was placed on probation will be                     be applied for as an original. When an
                                            considered on the merits of the case in                 officer’s endorsement is revoked, the                    92. In newly redesignated § 11.101—
                                            determining fitness to hold the                         Coast Guard will issue an MMC                            a. Revise paragraphs (a) introductory
                                            endorsement applied for. No applicant                   containing any rating endorsement for                 text and (a)(1) to read as set out below;
                                            will be examined for a raise of grade                   which the holder is qualified.                           b. In paragraph (a)(2), remove the
                                            during any period when a suspension                                                                           words ‘‘certificate or’’ and, after the
                                                                                                       (c) An applicant who has had a TWIC,
                                            without probation or a revocation                                                                             words ‘‘as amended’’, remove the words
                                                                                                    credential, or endorsement revoked, and
                                            imposed under part 5 of this chapter is                                                                       ‘‘in 1995’’;
                                                                                                    who is applying for a subsequent MMC
                                            effective against the applicant’s                                                                                c. In paragraph (b), remove the word
                                                                                                    or endorsement, must state in his or her
                                            credential or while an appeal from these                                                                      ‘‘license’’ and add, in its place, the
                                                                                                    application the date of revocation, the
                                            actions is pending.                                                                                           words ‘‘officer endorsements’’; remove
                                                                                                    serial number of the document revoked,
                                               (d) Professional examination. (1) (i)                                                                      the words ‘‘all licensed personnel shall’’
                                                                                                    and the type of document or
                                            When the OCMI finds an applicant’s                                                                            and add, in their place, the words ‘‘each
                                                                                                    endorsement revoked.
                                            experience and training for raise of                                                                          officer credentialed under this part
                                                                                                       (d) A person whose credential or
                                            grade to be satisfactory and the                                                                              must’’; and, after the words
                                                                                                    endorsement has been revoked or
                                            applicant is eligible in all other respects,                                                                  ‘‘characteristics of’’, remove the word
                                            the OCMI will authorize the                             suspended without probation may not
                                                                                                                                                          ‘‘each’’ and add, in its place, the word
                                            examination. Oral-assisted examinations                 be issued a replacement credential or
                                                                                                                                                          ‘‘a’’; and
                                            may be administered in accordance with                  endorsement without approval of the                      d. In paragraph (c)(1), remove the
                                            § 11.205(f) of this chapter. The OCMI                   Commandant.                                           words ‘‘license or license endorsement’’
                                            will place in the applicant’s file a record                (e) When a credential or endorsement               and add, in their place, the words
                                            indicating the subjects covered.                        that is about to expire has been                      ‘‘officer endorsement’’:
                                               (ii) The general instructions for                    suspended, the renewal of the credential
                                            administration of examinations and the                  or endorsement will be withheld until                 § 11.101   Purpose of regulations.
                                            lists of subjects for all officer                       expiration of the suspension period.                    (a) These regulations provide—
                                            endorsements appear in part 11, subpart                    (f) An applicant for renewal or return               (1) A means of determining the
                                            I of this chapter.                                      of a credential with endorsement as                   qualifications an applicant must possess
                                               (2) The qualification requirements for               master or mate (pilot) of towing vessels              to be eligible for an officer endorsement
                                            radar observer are contained in § 11.480                whose most recent credential has been                 as a staff officer, deck officer, engineer,
                                            of this chapter.                                        suspended or revoked by an                            pilot, or radio officer on merchant
                                               (e) Firefighting certificate. Applicants             administrative law judge for                          vessels, or for an endorsement to
                                            for endorsements for which § 11.205(d)                  incompetence must complete the                        operate uninspected passenger vessels;
                                            of this chapter applies must meet the                   practical demonstration required under                and
                                            requirements contained in that section.                 § 10.227(g)(6)(i).                                    *     *      *      *    *
                                                                                                       (g) If the Coast Guard is advised by                 93. Revise newly redesignated
                                            § 10.233 Obligations of the holder of a
                                            Merchant Mariner Credential.                            the Transportation Security                           § 11.102 to read as follows:
                                                                                                    Administration that a mariner’s TWIC
                                              (a) The holder of a credential may not                                                                      § 11.102   Incorporation by reference.
                                                                                                    has been revoked, the mariner’s
                                            voluntarily part with it or place it                                                                            (a) Certain material is incorporated by
                                                                                                    credential will immediately become
                                            beyond his or her personal control by                                                                         reference into this part with the
                                                                                                    invalid. If a credential is invalidated in
                                            pledging or depositing it with any other                                                                      approval of the Director of the Federal
                                                                                                    this manner, the Coast Guard will notify
                                            person for any purpose. If the holder                                                                         Register under 5 U.S.C. 552(a) and 1
                                                                                                    the applicant in writing of the
                                            violates this section, he or she may be                                                                       CFR part 51. To enforce any edition
                                                                                                    invalidation, the reason for the
                                            proceeded against under part 5 of this                                                                        other than that specified in this section,
                                                                                                    invalidation, and their right of appeal.
                                            chapter, looking to a suspension or                                                                           the Coast Guard must publish a notice
                                            revocation of the License or credential.                § 10.237   Right of appeal.                           of change in the Federal Register and
                                              (b) Whenever a mariner loses a
                                                                                                      (a) Any person directly affected by a               the material must be available to the
                                            credential, he or she must immediately
                                                                                                    decision or action taken under this                   public. All approved material is
                                            report the loss to the Coast Guard. The
                                                                                                    subchapter, by or on behalf of the Coast              available for inspection at the National
                                            report must be made in writing, giving
                                                                                                    Guard, may appeal under the provisions                Archives and Records Administration
                                            the facts incident to its loss.
                                              (c) Invalid credentials must be                       of subpart 1.03 of part 1 of this chapter.            (NARA). For information on the
                                                                                                      (b) If the Coast Guard refuses to grant             availability of this material at NARA,
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                                            returned to the Coast Guard upon
                                            request.                                                an applicant an MMC or endorsement,                   call 202–741–6030 or go to http://
                                                                                                    a written statement listing the reason(s)             www.archives.gov/federal_register/
                                            § 10.235 Suspension or revocation of                    for denial will be provided, unless the               code_of_federal_regulations/
                                            Merchant Mariner Credentials.                           Coast Guard determines that such                      ibr_locations.html. Also, it is available
                                              (a) Any MMC or endorsement is                         disclosure of information is prohibited               for inspection at the Coast Guard, Office
                                            subject to suspension or revocation on                  by law, regulation, or agency policy.                 of Operating and Environmental


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                                            29506                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            Standards (G–PSO), 2100 Second Street                   words ‘‘In addition to the requirements                  (ii) Third mate;
                                            SW., Washington, DC 20593–0001, and                     of part 10 of this chapter, the applicant                (iii) Third assistant engineer;
                                            is available from the sources indicated                 for an officer endorsement’’; and, after                 (iv) Mate of vessels of 200–1600 GRT;
                                            in this section.                                        the words ‘‘will issue a’’, remove the                   (v) Ballast control operator;
                                               (b) International Maritime                           words ‘‘license or certificate of registry’’             (vi) Assistant engineer (MODU);
                                            Organization (IMO), 4 Albert                            and add, in their place, the words                       (vii) Assistant engineer of fishing
                                            Embankment, London, SE1, 7SR,                           ‘‘merchant mariner credential (MMC)’’;                industry vessels;
                                            England:                                                   c. Remove paragraphs (b) and (j) and                  (viii) Mate (pilot) of towing vessels;
                                               (1) The International Convention on                  redesignate paragraphs (c) through (i) as                (ix) Radio officer;
                                            Standards of Training, Certification and                paragraphs (b) through (h), respectively;                (x) Assistant engineer (limited-
                                            Watchkeeping for Seafarers, 1978, as                       d. In redesignated paragraph (b),                  oceans); or
                                            amended (the STCW Convention or the                     remove the text ‘‘§ 10.467(h)’’; and add,                (xi) Designated duty engineer of
                                            STCW), approved for incorporation by                    in its place, the text ‘‘§ 11.467(h)’’ and            vessels of not more than 4000
                                            reference in § § 11.202, 11.304, 11.603;                remove the words ‘‘of the part, an                    horsepower.
                                            11.901, 11.903, 11.1005, and 11.1105.                   applicant for a license’’ and add, in their              (2) An endorsement may be granted to
                                               (2) The Seafarers’’ Training,                        place, the words ‘‘this part, an applicant            an applicant who has reached the age of
                                            Certification and Watchkeeping Code, as                 for an officer endorsement’’;                         18 years as:
                                            amended (the STCW Code), approved                          e. Revise redesignated paragraph (c) to               (i) Limited master of near coastal
                                            for incorporation by reference in                       read as set out below;                                vessels of not more than 100 GRT;
                                            § § 11.202, 11.304, 11.603, 11.901,                        f. In redesignated paragraph (d),                     (ii) Limited master of Great Lakes and
                                            11.903, 11.1005, and 11.1105.                           remove the words ‘‘license or certificate             inland vessels of not more than 100
                                                                                                    of registry’’ and add, in their place, the            GRT;
                                            § 11.103   [Removed and Reserved]                       words ‘‘officer endorsement’’;                           (iii) Mate of Great Lakes and inland
                                              94. Remove and reserve newly                             g. Revise redesignated paragraph (e) to            vessels of 25–200 GRT;
                                            redesignated § 11.103.                                  read as set out below;                                   (iv) Mate of near coastal vessels of 25–
                                                                                                       h. In redesignated paragraph (f),                  200 GRT;
                                            § 11.105   [Removed and Reserved]                       remove the word ‘‘recommended’’ and                      (v) Operator of uninspected passenger
                                              95. Remove and reserve newly                          add, in its place, the word ‘‘encouraged’’            vessels;
                                            redesignated § 11.105.                                  and remove the words ‘‘of ascertaining’’                 (vi) Designated duty engineer of
                                              96. In newly redesignated § 11.107,                   and add, in their place, the words ‘‘to               vessels of not more than 1,000
                                            revise paragraphs (b)(1), (2) and (3) to                ascertain’’; and before the words ‘‘color             horsepower; or
                                            read as follows:                                        vision’’ remove the word ‘‘and’’; and                    (vii) Apprentice mate (steersman) of
                                                                                                    after the words ‘‘color vision’’, add the             towing vessels.
                                            § 11.107   Paperwork approval.
                                                                                                    words ‘‘, hearing, and general physical               *       *    *     *     *
                                            *     *    *     *    *                                 condition’’; and remove the words ‘‘of                   (g) Applications for an original
                                              (b) * * *                                             an officer at sea is cause for denial of a            officer’s endorsement, raises of grade,
                                              (1) OMB 1625–0040–46 CFR 11.201,                      license’’ and add, in their place, the                extensions of route, or STCW
                                            11.202, 11.205, 11.470, 11.472, 11.474,                 words ‘‘required of an officer at sea is              endorsements must be current and up-
                                            11.542, and 11.544.                                     cause for denial of an officer                        to-date with respect to service and the
                                              (2) OMB 1625–028–46 CFR 11.302,                       endorsement’’;                                        physical examination, as appropriate.
                                            11.303, 11.304, 11.480.                                    i. Revise redesignated paragraphs (g)              Physical examinations and applications
                                              (3) OMB 1625–0079–46 CFR 11.304                       and (h) and add new paragraph (i) to                  are valid for 12 months from the date
                                            and 11.309.                                             read as follows:                                      the application is approved.
                                            § 11.109   [Removed and Reserved]                                                                                (h) Applicants for an endorsement as
                                                                                                    § 11.201 Eligibility for officer                      operator of uninspected passenger
                                              97. Remove and reserve newly                          endorsements and STCW endorsements,                   vessels must meet the requirements for
                                            redesignated § 11.109.                                  general.
                                                                                                                                                          an officer endorsement.
                                                                                                    *      *    *     *     *                                (i) The Officer in Charge, Marine
                                            § 11.110   [Removed and Reserved]
                                                                                                       (c) An applicant for an officer                    Inspection (OCMI), may modify the
                                              98. Remove and reserve newly                          endorsement must have at least 3
                                            redesignated § 11.110.                                                                                        service and examination requirements
                                                                                                    months of qualifying service on vessels               in this part to satisfy the unique
                                            § 11.111   [Removed and Reserved]                       of appropriate tonnage or horsepower                  qualification requirements of an
                                                                                                    within the 3 years immediately                        applicant. The OCMI may also lower the
                                              99. Remove and reserve newly
                                                                                                    preceding the date of application.                    age requirement for operator of
                                            redesignated § 11.111.
                                                                                                    *      *    *     *     *                             uninspected passenger vessels license
                                            § 11.112   [Removed and Reserved]                          (e) Except as specified in this                    applicants. The authority granted by a
                                              100. Remove and reserve newly                         paragraph, no officer endorsement may                 license will be restricted on its face to
                                            redesignated § 11.112.                                  be issued to a person who has not                     reflect any modifications made under
                                                                                                    attained the age of 21 years. The                     the authority of this paragraph. These
                                            § 11.201   [Amended]                                    required evidence of age may be                       restrictions may not be removed without
                                               101. In newly redesignated § 11.201—                 established using any of the items                    the approval of the OCMI issuing the
                                               a. In the section heading, remove the                submitted to establish citizenship set                license.
                                            words ‘‘licenses and certificates of                    out in § 10.209 of this chapter:                         102. Revise newly redesignated
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                                            registry’’ and add, in their place, the                    (1) An endorsement may be granted to               § 11.202 to read as follows:
                                            words ‘‘officer endorsements and STCW                   an applicant who has reached the age of
                                            endorsements’’;                                         19 years as:                                          § 11.202   STCW endorsements.
                                               b. In paragraph (a), remove the words                   (i) Master of near coastal, Great Lakes              (a) When an original MMC is issued,
                                            ‘‘The applicant for a license or                        and inland, inland, or river vessels of               renewed, upgraded, or otherwise
                                            certificate of registry’’, and add the                  25–200 GRT;                                           modified, the OCMI will determine


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                            29507

                                            whether the applicant needs to have an                  the performance standards established                 taking into account the principles of
                                            STCW endorsement for service on a                       under STCW Regulation I/12 of the 1995                bridge-resource management
                                            seagoing vessel and then, if the                        Amendments.                                           enumerated in Section B–VIII/2 of the
                                            applicant is qualified, will issue the                     (2) Training and assessment in the use             STCW Code.
                                            appropriate endorsement. The OCMI                       of ARPA are not required for mariners                    (f) Notwithstanding paragraph (b)
                                            will also issue an STCW endorsement at                  serving exclusively on vessels not fitted             through (e) of this section, § 11.304, and
                                            other times, if circumstances so require                with ARPA. However, when any                          § 11.901, each mariner found qualified
                                            and if the applicant is qualified to hold               mariner so serving has not completed it,              to hold any of the following officer
                                            the endorsement.                                        his or her STCW endorsement will                      endorsements will also be entitled to
                                               (b) Basic safety training or instruction.            indicate this limitation.                             hold an STCW endorsement
                                            Except as provided in paragraph (f) of                     (d) Endorsement for operator of radio              corresponding to the service or other
                                            this section, an STCW endorsement will                  in the Global Maritime Distress and                   limitations on the MMC, because the
                                            be issued only when the candidate                       Safety System (GMDSS). (1) Subject to                 vessels concerned are not subject to
                                            provides evidence of having achieved                    paragraphs (d)(2) and (f) of this section,            further obligation under STCW because
                                            or, if training has been completed,                     each candidate for an STCW                            of their special operating conditions as
                                            having maintained the minimum                           endorsement as master or mate for                     small vessels engaged in domestic
                                            standards of competence for the                         service in vessels in ocean or near-                  voyages:
                                            following four areas of basic safety                    coastal service, shall present:
                                                                                                       (i) A certificate for operator of radio               (1) Masters, mates, or engineers
                                            within the previous five years upon
                                                                                                    in the GMDSS issued by the Federal                    endorsed for service on small passenger
                                            assessment of a practical demonstration
                                                                                                    Communication Commission (FCC); and                   vessels that are subject to subchapter T
                                            of skills and abilities:
                                               (1) Personal survival techniques as set                 (ii) A certificate of completion from a            or K of this chapter and that operate
                                            out in table A–VI/1–1 of the STCW Code                  Coast Guard-approved or accepted                      beyond the boundary line.
                                            (Incorporated by reference in § 11.102).                course for operator of radio in the                      (2) Masters, mates, or engineers
                                               (2) Fire prevention and fire-fighting as             GMDSS or from another approved or                     endorsed for service on seagoing vessels
                                            set out in table A–VI/1–2 of the STCW                   accepted program of training and                      of less than 200 gross register tons
                                            Code (Incorporated by reference, see                    assessment covering the same areas of                 (GRT), other than passenger vessels
                                            § 11.102.).                                             competence. The course or program                     subject to subchapter H of this chapter.
                                               (3) Elementary first aid as set out in               must be sufficient to establish that the                 (g) No mariner serving on, and no
                                            table A–VI/1–3 of the STCW Code                         applicant is competent to perform radio               owner or operator of any of the
                                            (Incorporated by reference, see                         duties on a vessel participating in the               following vessels, need hold an STCW
                                            § 11.102.).                                             GMDSS and meets the standard of                       endorsement, because they are exempt
                                               (4) Personal safety and social                       competence under STCW Regulation IV/                  from application of STCW:
                                            responsibilities as set out in table A–VI/              2.                                                       (1) Uninspected passenger vessels as
                                            1–4 of the STCW Code (Incorporated by                      (2) Paragraph (d)(1) of this section               defined in 46 U.S.C. 2101(42).
                                            reference § 11.102.).                                   does not apply to a candidate intending
                                               (c) Competence in the use of                                                                                  (2) Fishing vessels as defined in 46
                                                                                                    to serve only as a pilot, or intending to             U.S.C. 2101(11)(a).
                                            Automatic Radar-Plotting Aids (ARPA).                   serve only on vessels not required to
                                            (1) Subject to paragraphs (c)(2) and (f) of             comply with the provisions of the                        (3) Fishing vessels used as fish-tender
                                            this section, each candidate for an                     GMDSS in Chapter IV of the Convention                 vessels as defined in 46 U.S.C.
                                            STCW endorsement as master or mate                      for the Safety of Life at Sea, 1974, as               2101(11)(c).
                                            for service on vessels in ocean or near-                amended (SOLAS).                                         (4) Barges as defined in 46 U.S.C.
                                            coastal service, must present a                            (3) Each candidate presenting a                    2101(2), including non-self-propelled
                                            certificate of completion from an                       certificate described in paragraph (d)(1)             mobile offshore drilling units.
                                            approved course or from accepted                        of this section may receive a GMDSS                      (5) Vessels operating exclusively on
                                            training on an ARPA simulator. The                      endorsement.                                          the Great Lakes or on the inland waters
                                            course or training must be sufficient to                   (e) Procedures for bridge team work.               of the U.S. in the Straits of Juan de Fuca
                                            establish that the applicant is competent               Except as otherwise provided in                       inside passage.
                                            to maintain safe navigation through the                 paragraph (f) of this section, each                      103. Revise newly redesignated
                                            proper use of ARPA, by correctly                        candidate for an STCW endorsement as                  § 11.203 to read as follows:
                                            interpreting and analyzing the                          master or mate for service on vessels in
                                            information obtained from that device                   ocean or near-coastal service, must                   § 11.203 Quick reference table for MMC
                                            and taking into account both the                        present sufficient documentary proof                  requirements.
                                            limitations of the equipment and the                    that he or she understands and can                      Table 11.203 provides a guide to the
                                            prevailing circumstances and                            effectively apply procedures for bridge               requirements for officer endorsements.
                                            conditions. The simulator used in the                   team work as an essential aspect of                   Provisions in the reference section are
                                            course or training must meet or exceed                  maintaining a safe navigational watch,                controlling.
sroberts on PROD1PC70 with PROPOSALS




                                       VerDate Aug<31>2005   19:33 May 19, 2006   Jkt 208001   PO 00000   Frm 00113   Fmt 4701   Sfmt 4702   E:\FR\FM\22MYP2.SGM   22MYP2
sroberts on PROD1PC70 with PROPOSALS




                                                                                                                              TABLE 11.203
                                                                                                                                                                                                                                                                   29508

                                                                                                                              Recommenda-                                                          Demonstration
                      Endorsement                                                         Medical and                           tions and                                    Professional                                   Recency of             First aid and
                                               Minimum age               Citizenship                       Experience                                  Firefighting                                of professional




VerDate Aug<31>2005
                        category                                                         physical exam                          character                                       exam                                         service                   CPR
                                                                                                                                                                                                        ability
                                                                                                                                  check

                      Master,               21, 11.201(e)               U.S.,            Yes, 10.215     Yes,                 11.205(c) .......      11.205(d)              Yes, 11.205            Yes,                   Yes, 3 months          11.205(e) Note:
                        mates and             Note: excep-                10.209(c)(6)     Note: ex-       11.205(e);                                  Note: ex-              (f); 11.910            11.901(c);             in past 3              exceptions.
                        operators             tions.                      no excep-        ceptions.       subpart D.                                  ceptions.              Note:                  11.903(c).             years,
                        of                                                tions.                                                                                              11.903(b).                                    11.201(c).
                        uninspect-




19:33 May 19, 2006
                        ed pas-
                        senger
                        vessels
                        (original).




Jkt 208001
                      Engineers             21, 11.201(e)               U.S.,            Yes, 10.215     Yes,                 11.205(c) .......      11.205(d) .......      11.205(f);             Yes,                   Yes, 3 months          11.205(e) Note:
                        (original).           Note: excep-                10.209(c)(6)     Note: ex-       11.205(e);                                                         11.950.                11.901(c);             in past 3              exceptions.
                                              tions.                      no excep-        ceptions.       subpart E.                                                                                11.903(c).             years,
                                                                          tions.                                                                                                                                            11.201(c).




PO 00000
                      Officer               21, 11.201(e)               U.S.,            Yes, 10.215     Yes,                 N/A ................   Yes;                   Yes,                   Yes,                   Yes, 3 months          N/A.
                        raises of             Note: excep-                10.209(c)(6)     Note: ex-       10.231(c);                                  10.231(e).             10.231(d);             11.901(c);             in past 3
                        grade.                tions.                      no excep-        ceptions.       subpart D                                                          11.910;                11.903(c).             years,
                                                                          tions.                           and E.                                                             11.920;                                       11.201(c).




Frm 00114
                                                                                                                                                                              11.950.
                      Officer re-           N/A .....................   U.S.,            Yes, 10.215     Yes,                 N/A ................   N/A ................   10.227(g) .......      Towing offi-           Yes, 1 year in         N/A.
                        newals.                                           10.209(c)(6)     Note: ex-       10.227(g)                                                                                 cers,                  past 5,
                                                                          no excep-        ceptions.       Note: ex-                                                                                 10.227(i).             10.227(g)




Fmt 4701
                                                                          tions.                           ceptions.                                                                                                        Note: alter-
                                                                                                                                                                                                                            native.
                      Pilot .............   21, 46 U.S.C.             U.S.,              Yes, 10.215     Yes, 11.703 ...      11.205(c) .......      N/A ................   11.707;                N/A ................   Yes, 11.703,           11.205(e) Note:
                                              7101.                     10.209(c)(6)       Note: ex-                                                                          11.910.                                       11.75(e),              exceptions.




Sfmt 4702
                                                                        no excep-          ceptions.                                                                                                                        11.713.
                                                                        tions.
                      Towing ves-           21, Master 19,            U.S.,              Yes, 10.215     Yes, 10.464;         11.205(c) .......      Yes,                   Yes, 11.205            Yes, 11.464;           Yes, 3 months          11.205(e) Note:
                        sels.                 Mate 18, App.             10.209(c)(6)       Note: ex-       10.465;                                     11.205(d)              (f); 11.910            11.465;                in past 3              exceptions.
                                              Mate 11.201(e).           no excep-          ceptions.       10.466.                                     oceans.                Note:                  11.901(c).             years,
                                                                        tions.                                                                                                11.903(b).                                    11.201(c).
                      Uninspected           21, 11.201(e)             U.S.,              Yes, 10.215     Deck: 11.462; 11.205(c) .......             11.205(d)              Yes, 11.205            N/A ................   Yes, 3 months          11.205(e) Note:
                        fishing in-           Note: excep-              10.209(c)(6)       Note: ex-       Eng: 11.530.                                Note: ex-              (f); 11.910                                   in past 3              exceptions.
                        dustry                tions.                    no excep-          ceptions.                                                   ceptions.              Note:                                         years,




E:\FR\FM\22MYP2.SGM
                        vessels.                                        tions.                                                                                                11.903(b).                                    11.201(c).
                      Radio officer         19, 11.201(e)(1)          U.S.,              Yes, 10.215     11.603 ...........   11.205(c) .......      N/A ................   N/A ................   N/A ................   N/A ................   11.205(e) Note:
                                                                        10.209(c)(6)       Note: ex-                                                                                                                                               exceptions.




22MYP2
                                                                        no excep-          ceptions.
                                                                        tions.
                      Staff officer         N/A ..................... U.S.,              Yes, 10.215     11.807 ...........   11.205(c) .......      N/A ................   N/A ................   N/A ................   N/A ................   N/A.
                                                                                                                                                                                                                                                                   Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules




                                                                        10.209(c)(6)       Note: ex-
                                                                        no excep-          ceptions.
                                                                        tions.
                      Staff officer         N/A ..................... U.S.,              Yes, 10.215     10.227(g)(5) ..      N/A ................   N/A ................   N/A ................   N/A ................   N/A ................   N/A
                        renewals.                                       10.209(c)(6)       Note: ex-
                                                                        no excep-          ceptions.
                                                                        tions.
sroberts on PROD1PC70 with PROPOSALS




                      Offshore in-    21, 11.201(e)               U.S.,            Yes, 10.215   OIM: 11.470            11.205(c) .......      11.205(d) .......      Yes,                   N/A ................   Yes, 3 months          11.205(e) Note:
                        stallation      Note: excep-                10.209(c)(6)     Note: ex-     B.S.: 11.472                                                         11.205(f);                                    in past 3              exceptions.
                        manager,        tions.                      no excep-        ceptions.     BCO:                                                                 11.920.                                       years,
                        barge su-                                   tions.                         11.474 Eng:                                                                                                        11.201(c).
                        pervisor,                                                                  11.540.




VerDate Aug<31>2005
                        ballast
                        control op-
                        erator.
                      Able seamen     18, 12.05–3(a)(1)           U.S. or alien    Yes, 10.215   12.05–7 .........      N/A ................   N/A ................   Yes, 12.05–            Yes, 12.05–            Yes, 1 year in         12.05–3(b).
                                                                    admitted for     Note: ex-                                                                          3(a).                  3(c); 12.05–           past 5,
                                                                    permanent        ceptions.                                                                                                 9.                     10.227(g)
                                                                    residence,                                                                                                                                        Note: alter-




19:33 May 19, 2006
                                                                    10.209(c)(6)                                                                                                                                      native.
                                                                    10.221.
                      Qualified       N/A .....................   U.S. or alien    Yes, 10.215   12.15–7 .........      N/1 ................   N/A ................   Yes, 12.15–9           Yes, 12.15–            Yes, 1 year in         12.15–3(d).
                       members                                      admitted for     Note: ex-                                                                                                 3(d).                  past 5,




Jkt 208001
                       of engine                                    permanent        ceptions.                                                                                                                        10.227(g)
                       depart-                                      residence,                                                                                                                                        Note: alter-
                       ment.                                        10.209(c)(6)                                                                                                                                      native.
                                                                    10.221.




PO 00000
                      Entry level     N/A .....................   U.S. or alien    Yes, 10.215   N/A ................   N/A ................   N/A ................   N/A ................   N/A ................   N/A ................   N/A.
                        ratings.                                    admitted for     Note: ex-
                                                                    permanent        ceptions.
                                                                    residence,




Frm 00115
                                                                    10.209(c)(6)
                                                                    10.221.




Fmt 4701
Sfmt 4702
E:\FR\FM\22MYP2.SGM
22MYP2
                                                                                                                                                                                                                                                             Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules
                                                                                                                                                                                                                                                             29509
                                            29510                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 11.204   [Removed and reserved]                       word ‘‘a’’ and add, in its place, the word            an offshore installation manager of a
                                               104. Remove and reserve newly                        ‘‘an’’;                                               unit on which the applicant has served.
                                            redesignated § 11.204—                                     m. In redesignated paragraph (f)(1)(ii),              (iii) Where an applicant qualifies for
                                               105. In newly redesignated § 11.205—                 remove the word ‘‘licenses’’ and add, in              an endorsement through an approved
                                               a. Revise the section heading and                    its place, the words ‘‘officer                        training school or program, one of the
                                            paragraph (a) to read as set out below;                 endorsements’’;                                       character references must be an official
                                               b. Remove paragraphs (b) through (d)                    n. In redesignated paragraph (f)(2),               of that school or program.
                                            and (j) through (o); and redesignate                    remove the word ‘‘license’’;                             (iv) For an endorsement for which no
                                            paragraphs (e) through (i) as paragraphs                   o. In redesignated paragraph (f)(4),               commercial experience may be required,
                                            (b) through (f); and redesignate                        remove the words ‘‘license as radio                   such as master or mate 25–200 gross
                                            paragraph (p) as paragraph (g);                         officer or a certificate of registry’’ and            tons, operator of uninspected passenger
                                               c. In redesignated paragraph (b)(1),                 add, in their place, the words ‘‘staff                vessels, radio officer or certificate of
                                            remove the words ‘‘licenses and                         officer or radio officer endorsement’’;               registry, the applicant may have the
                                            certificates of registry’’ and add, in their            and                                                   written recommendations of three
                                            place, the words ‘‘officer or STCW                         p. In redesignated paragraph (g),                  persons who have knowledge of the
                                            endorsements’’; and remove the words                    remove the words ‘‘license shall’’ and                applicant’s suitability for duty.
                                            ‘‘A license’’ and add, in their place, the              add, in their place, the words ‘‘STCW                    (v) A person may apply for an original
                                            words ‘‘An MMC’’;                                       endorsement must’’; and after the words               officer or STCW endorsement, or officer
                                               d. In redesignated paragraph (b)(2),                                                                       or STCW endorsement of a different
                                                                                                    ‘‘to the particular’’, remove the word
                                            remove the words ‘‘license or certificate                                                                     type, while on probation as a result of
                                                                                                    ‘‘license’’ and add, in its place, the word
                                            of registry’’ and add, in their place, the                                                                    administrative action under part 5 of
                                                                                                    ‘‘endorsement’’; and after the words
                                            words ‘‘officer or STCW endorsement’’;                                                                        this chapter. The offense for which the
                                                                                                    ‘‘The OCMI must be satisfied’’, remove
                                               e. In redesignated paragraph (b)(3),
                                                                                                    the words ‘‘as to’’ and add, in their                 applicant was placed on probation will
                                            remove the word ‘‘license’’ and add, in
                                                                                                    place, the word ‘‘with’’; and after the               be considered in determining his or her
                                            its place, the words ‘‘officer or STCW
                                                                                                    words ‘‘The OCMI will place’’, remove                 fitness to hold the endorsement applied
                                            endorsement’’; and remove the words
                                                                                                    the words ‘‘in the file of each                       for. An officer or STCW endorsement
                                            ‘‘paragraph (e)(1)’’ and add, in their
                                                                                                    candidate’’; and, after the words ‘‘the               issued to an applicant on probation will
                                            place, the words ‘‘paragraph (b)(1)’’;
                                                                                                    requirements were fulfilled’’, add the                be subject to the same probationary
                                               f. In redesignated paragraph (b)(4),
                                                                                                    words ‘‘in the file of each candidate’’               conditions as were imposed against the
                                            after the words ‘‘No applicant for an
                                                                                                                                                          applicant’s other credential. An
                                            original’’ remove the word ‘‘license’’                  § 11.205 Requirements for original officer            applicant may not take an examination
                                            and add, in its place, the words ‘‘officer              endorsements and STCW endorsements.
                                                                                                                                                          for an officer or STCW endorsement
                                            or STCW endorsement’’; and after the                      (a) General. In addition to the                     during any period when a suspension
                                            words ‘‘will be given an original’’,                    requirements in part 10 of this chapter               without probation or a revocation is
                                            remove the word ‘‘license’’ and add, in                 and §§ 11.201 through 11.203, the                     effective against the applicant’s
                                            its place, the words ‘‘officer                          applicant for an original officer                     currently held license, merchant
                                            endorsement’’; and, after the words ‘‘of                endorsement must also satisfy the                     mariner’s document, or MMC, or while
                                            a foreign’’, remove the word ‘‘license’’                requirements of this section.                         an appeal from these actions is pending.
                                            and add, in its place, the word
                                                                                                    *      *    *     *     *                                (vi) If an original license, certificate of
                                            ‘‘credential’’;
                                               g. Revise redesignated paragraph (c) to                (c) Character check and references. (1)             registry, or endorsement has been issued
                                            read as set out below;                                  Each applicant for an original officer or             when information about the applicant’s
                                               h. In redesignated paragraph (d),                    STCW endorsement must submit                          habits of life and character is brought to
                                            remove the words ‘‘the licenses’’ and                   written recommendations concerning                    the attention of the OCMI, if such
                                            add, in their place, the words ‘‘officer                the applicant’s suitability for duty from             information warrants the belief that the
                                            endorsements’’, and after the words                     a master and two other individuals                    applicant cannot be entrusted with the
                                            ‘‘date of the application for the’’, remove             holding officer endorsements or licenses              duties and responsibilities of the
                                            the word ‘‘license’’ and add, in its place,             on vessels on which the applicant has                 license, certificate of registry, or
                                            the words ‘‘officer endorsement’’;                      served.                                               endorsement issued, or if such
                                               i. Revise redesignated paragraphs                      (i) For an officer endorsement as                   information indicates that the
                                            (d)(1) through (5) to read as set out                   engineer or as pilot, at least one of the             application for the license, certificate of
                                            below;                                                  recommendations must be from the                      registry, or endorsement was false or
                                               j. In redesignated paragraph (e),                    chief engineer or pilot, respectively, of             incomplete, the OCMI may notify the
                                            remove the words ‘‘license or certificate               a vessel on which the applicant has                   holder in writing that the license,
                                            of registry’’ and add, in their place, the              served.                                               certificate of registry, or endorsement is
                                            words ‘‘officer endorsement’’; and                        (ii) For an officer endorsement as                  considered null and void, direct the
                                            remove the words ‘‘§§ 10.429, 10.456,                   engineer where service was obtained on                holder to return the credential to the
                                            and 10.466’’ and add, in their place the                vessels not carrying a credentialed                   OCMI, and advise the holder that, upon
                                            words ‘‘§ § 11.429, 11.456, and 11.466’’;               engineer and for an officer endorsement               return of the credential, the appeal
                                               k. In redesignated paragraph (e)(1),                 as master or mate (pilot) of towing                   procedures of § 10.235 of this chapter
                                            remove the words ‘‘within the past 12                   vessels, the recommendations may be by                apply.
                                            months’’ and add, in their place, the                   recent marine employers with at least                    (d) * * *
                                            words ‘‘not more than one year from the                 one recommendation from a master,                        (1) Officer endorsement as master on
sroberts on PROD1PC70 with PROPOSALS




                                            date of application’’;                                  operator, or person in charge of a vessel             vessels of 200 GRT or less in ocean
                                               l. In redesignated paragraph (f)(1)(i),              upon which the applicant has served.                  service.
                                            remove the word ‘‘license’’ wherever it                   (ii) For an officer endorsement as                     (2) Officer endorsements as master or
                                            appears and add, in its place, the words                offshore installation manager, barge                  mate on vessels of over 200 GRT.
                                            ‘‘officer endorsement’’; and, after the                 supervisor, or ballast control operator, at              (3) All officer endorsements for
                                            words ‘‘500 gross tons, or’’, remove the                least one recommendation must be from                 master or mate (pilot) of towing vessels,


                                       VerDate Aug<31>2005   19:33 May 19, 2006   Jkt 208001   PO 00000   Frm 00116   Fmt 4701   Sfmt 4702   E:\FR\FM\22MYP2.SGM   22MYP2
                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                            29511

                                            except apprentice mate (steersman) of                   unlimited’’, remove the word ‘‘license’’              § 11.304   [Amended]
                                            the vessels, on oceans.                                 and add, in its place, the words ‘‘officer               117. In newly redesignated § 11.304—
                                              (4) All officer endorsements for                      endorsement’’;                                           a. In paragraph (a), remove the words
                                            mobile offshore drilling units.                            b. In paragraph (b), remove the words              ‘‘licenses and for qualified ratings of
                                              (5) All officer endorsements for                      ‘‘licensing purposes’’ wherever they                  unlicensed personnel’’ and add, in their
                                            engineers.                                              appear and add, in their place, the                   place, the words ‘‘officer endorsements
                                            *     *     *     *    *                                words ‘‘the purposes of this part’’;                  and for qualified rating endorsements’’;
                                                                                                       c. In paragraph (d), remove the word               and remove the words ‘‘licenses and
                                            § 11.207   [Removed and Reserved]                       ‘‘licenses’’ wherever it appears and add,             ratings is maintained by Commanding
                                              106. Remove and reserve newly                         in its place, the words ‘‘officer                     Officer, National Maritime Center,
                                            redesignated § 11.207.                                  endorsements’’; after the words                       NMC–4B’’ and add, in their place, the
                                                                                                    ‘‘submitted for the’’ remove the word                 words ‘‘endorsements is maintained by
                                            § 11.209   [Removed and Reserved]                                                                             the National Maritime Center’’; after the
                                                                                                    ‘‘license’’ and add, in its place, the word
                                              107. Remove and reserve newly                         ‘‘endorsement’’; and, after the words                 words ‘‘two-thirds of the required
                                            redesignated § 11.209.                                  ‘‘submitted for an original’’, remove the             service on deck or in the engine
                                                                                                    word ‘‘license’’ and add, in its place, the           department for deck or engineer’’,
                                            § 11.210   [Removed and Reserved]
                                                                                                    words ‘‘officer endorsement’’; and                    remove the words ‘‘licenses,
                                              108. Remove and reserve newly                                                                               respectively, and for qualified ratings’’
                                                                                                       d. In paragraph (e), after the words ‘‘in
                                            redesignated § 11.210.                                                                                        and add, in their place, the words
                                                                                                    which a license’’, add the words ‘‘or
                                            § 11.211   [Amended]                                    officer endorsement’’.                                ‘‘officer endorsements, respectively, and
                                                                                                                                                          for qualified rating endorsements’’;
                                               109. In newly redesignated § 11.211—                 § 11.215   [Removed and Reserved]                        b. In paragraph (c), remove the words
                                               a. In the section heading, remove the                                                                      ‘‘a license’’ and add, in their place, the
                                                                                                      111. Remove and reserve § 11.215.
                                            words ‘‘licensing purposes’’ and add, in                                                                      words ‘‘an officer endorsement’’;
                                            their place, the words ‘‘officer                        § 11.217   [Amended]                                     c. In paragraph (d), remove the word
                                            endorsements’’;                                            112. In newly redesignated § 11.217—               ‘‘license’’ and add, in its place, the
                                               b. In paragraph (a), remove the words                   a. In the section heading, remove the              words ‘‘officer endorsement’’;
                                            ‘‘licensing purposes’’ and add, in their                word ‘‘licenses’’ and add, in its place,                 d. In paragraph (e), remove the words
                                            place, the words, ‘‘the purposes of this                the words ‘‘officer endorsements’’;                   ‘‘§ 10.202’’ and add, in their place, the
                                            part’’; and remove the words ‘‘officials                   b. In paragraph (a)(1), after the words            words ‘‘§ 11.202’’ and remove the words
                                            or licensed masters’’ and add, in their                 ‘‘deck and engineer unlimited’’, remove               ‘‘both applies for an STCW endorsement
                                            place, the words ‘‘officials, or                        the word ‘‘licenses’’ and add, in its                 or’’ and add, in their place, the words
                                            individuals holding an officer                          place, the words ‘‘officer                            ‘‘applies for an STCW endorsement’’
                                            endorsement or license as master.’’;                    endorsements’’, and remove the words                  and remove the words ‘‘commencing on
                                               c. In paragraph (b) introductory text,               ‘‘table 10.109 in § 10.109’’ and add, in              or after August 1, 1998’’;
                                            remove the word ‘‘license’’ and add, in                 their place, the words ‘‘table 10.219 in                 e. In paragraph (f), remove the words
                                            its place, the words ‘‘officer                          § 10.219 of this chapter’’;                           ‘‘§ 10.202’’ wherever they appear and
                                            endorsement’’;                                             c. In paragraph (a)(2), after words                add, in their place, the words
                                               d. In paragraph (c), after the words                 ‘‘deck and engineer’’, remove the words               ‘‘§ 11.202’’; remove the words
                                            ‘‘raise of grade’’ remove the word                      ‘‘license’’ and add, in its place, the                ‘‘certificate or endorsement as an officer
                                            ‘‘license’’ and add, in its place, the                  words ‘‘officer endorsement’’; and                    in charge of an engineering watch’’ and
                                            words ‘‘officer endorsement’’; and after                remove the words ‘‘table 10.109 in                    add, in their place, the words ‘‘STCW
                                            the words ‘‘equivalent while holding’’;                 § 10.109 of this chapter’’ and add, in                endorsement as an OICEW or an officer
                                            remove the word ‘‘a’’ and add, in its                   their place, the words ‘‘table 10.219 in              endorsement’’; remove the words
                                            place, the words ‘‘an officer                           § 10.219’’; and                                       ‘‘commencing on or after August 1,
                                            endorsement or’’; and, after the words                                                                        1998’’; and, after the words ‘‘training or
                                                                                                       d. In paragraph (b), remove the word
                                            ‘‘unlimited, nonrestricted’’ remove the                                                                       sea service’’, remove the words
                                                                                                    ‘‘license’’ and add, in its place, the word
                                            word ‘‘licenses’’ and add in its place the                                                                    ‘‘commencing on or after August 1,
                                                                                                    ‘‘endorsement’’; and remove the words
                                            words ‘‘officer licenses or                                                                                   1998’’;
                                                                                                    ‘‘the applicant is furnished’’ and add, in
                                            endorsements’’; and                                                                                              f. In paragraph (g)(6), remove the
                                                                                                    their place, the words ‘‘the Coast Guard
                                               e. In paragraph (d), after the words                                                                       words ‘‘Coast Guard license or
                                                                                                    will provide the applicant’’.
                                            ‘‘raise of grade of any deck’’, remove the                                                                    document’’ and add, in their place, the
                                            word ‘‘licenses’’ and add, in its place,                § 11.219   [Removed and Reserved]                     words ‘‘MMC endorsements’’;
                                            the words ‘‘officer endorsement’’; and,                   113. Remove and reserve newly                          g. In paragraph (g)(7), remove the
                                            after the words ‘‘required for an                       redesignated § 11.219.                                words ‘‘Coast Guard license or
                                            unlimited’’, remove the word ‘‘license’’                                                                      document’’ and add, in their place, the
                                            and add, in its place, the words ‘‘officer              § 11.221   [Removed and Reserved]                     words ‘‘MMC endorsement, license, or
                                            endorsement’’.                                            114. Remove and reserve newly                       document’’;
                                                                                                    redesignated § 11.221.                                   h. In paragraph (h) introductory text,
                                            § 11.213   [Amended]                                                                                          remove the word ‘‘a license’’ and add,
                                               110. In newly redesignated § 11.213—                 § 11.223   [Removed and Reserved]                     in its place, the word ‘‘an
                                               a. In paragraph (a), after the words ‘‘in              115. Remove and reserve newly                       endorsement’’;
                                            scope of all’’, remove the word                         redesignated § 11.223.                                   i. In paragraph (h)(5), remove the
sroberts on PROD1PC70 with PROPOSALS




                                            ‘‘license’’ and add, in its place, the                                                                        word ‘‘licensed’’ and add, in its place,
                                            words ‘‘officer endorsements’’; and after               § 11.302   [Amended]                                  the word ‘‘credentialed’’;
                                            the words ‘‘and limit of’’, remove the                    116. In newly redesignated                             j. In paragraph (h)(7), remove the
                                            word ‘‘license’’ and add, in its place, the             § 11.302(e), remove the words ‘‘parts 10,             word ‘‘licensed’’ and add, in its place,
                                            words ‘‘officer endorsement’’; and, after               12, 13 or 15,’’ and add, in their place,              the word ‘‘credentialed’’ and remove the
                                            the words ‘‘or chief engineer’s                         the words ‘‘parts 10, 11, 12, 13, or 15’’.            word ‘‘number’’ and add, in its place,


                                       VerDate Aug<31>2005   19:33 May 19, 2006   Jkt 208001   PO 00000   Frm 00117   Fmt 4701   Sfmt 4702   E:\FR\FM\22MYP2.SGM   22MYP2
                                            29512                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            the words ‘‘TWIC and serial number of                   in their place, the words ‘‘Masters’ and              words ‘‘next higher grade’’, remove the
                                            the MMC, license, or document held’’;                   mates’ endorsements’’; after the words                word ‘‘license’’ and add, in its place, the
                                            and                                                     ‘‘required for conventional’’, remove the             word ‘‘endorsement’’, and, after the
                                              k. In paragraph (h)(8), remove the                    word ‘‘licenses’’ and add, in its place,              words ‘‘limited license’’, add the words
                                            words ‘‘licenses or documents’’ and                     the words ‘‘officer endorsements’’; after             ‘‘or MMC endorsement’’;
                                            add, in their place, the words ‘‘TWIC                   the words ‘‘For example, for’’, remove                   f. In paragraph (c)(3), after the words
                                            and serial number of the MMC, license,                  the words ‘‘a license’’ and add, in their             ‘‘a license’’, add the words ‘‘or
                                            or document’’.                                          place, the words ‘‘an officer                         endorsement’’; and, after the words
                                            § 11.309   [Amended]
                                                                                                    endorsement’’; after the words                        ‘‘third mate’s license’’, add the words
                                                                                                    ‘‘requirements for the conventional’’,                ‘‘or MMC endorsement’’; and
                                               118. In newly redesignated § 11.309—                 remove the word ‘‘license’’ and add, in
                                               a. In paragraph (a) introductory text,                                                                        g. In paragraph (d), after the word
                                                                                                    its place, the words ‘‘officer                        ‘‘licenses’’ wherever it appears, add the
                                            remove the words ‘‘§ 10.302’’ and add,
                                                                                                    endorsement’’; and remove the words                   words ‘‘or endorsements’’.
                                            in their place, the words ‘‘§ 11.302’’;
                                                                                                    ‘‘license endorsement for service on
                                            and, after the words ‘‘hold an STCW’’,                                                                        § 11.403   [Amended]
                                            remove the words ‘‘certificate or’’;                    vessels of 200 gross tons or less see
                                                                                                    individual license’’ and add, in their                   121. In newly redesignated § 11.403—
                                               b. In paragraph (a)(3)(iii), after the
                                                                                                    place, the words ‘‘an endorsement to                     a. In the section heading remove the
                                            words ‘‘level of license,’’ add the word
                                                                                                    serve on vessels of 200 gross tons or less            word ‘‘licenses’’ and add, in its place,
                                            ‘‘officer’’;
                                               c. In paragraph (a)(4), after the words              see individual endorsement’’;                         the words ‘‘officer endorsements’’; and
                                            ‘‘maritime license’’, add the words ‘‘,                    h. In paragraph (g) introductory text,                b. In the text, remove the word
                                            MMC,’’;                                                 remove the word ‘‘license’’ wherever it               ‘‘license’’ and add, in its place, the
                                               d. In paragraph (b), remove the word                 appears and add, in its place, the word               words ‘‘officer endorsement’’.
                                            ‘‘licenses’’ and add, in its place, the                 ‘‘endorsement’’; after the words ‘‘200
                                                                                                                                                          § 11.404   [Amended]
                                            word ‘‘officer’’; and                                   gross tons, or’’, remove the word ‘‘a’’
                                               e. In paragraph (c)(3), remove the                   and add, in its place, the word ‘‘an’’;                  122. In newly redesignated § 11.404—
                                            words ‘‘STCW endorsement’’ and add,                     and, after the words ‘‘the scope of’’, add               a. In the introductory text, remove the
                                            in their place, the words ‘‘officer or                  the word ‘‘the’’;                                     word ‘‘license’’ and add, in its place, the
                                            STCW endorsements’’.                                       i. In paragraph (g)(3), remove the                 words ‘‘an endorsement’’; and
                                                                                                    word ‘‘licenses’’ and add, in its place,                 b. In paragraph (b), after the words
                                            § 11.401   [Amended]                                    the word ‘‘endorsements’’; and                        ‘‘holding a license’’, add the words ‘‘or
                                               119. In newly redesignated § 11.401—                    j. In paragraph (h), after the words               MMC endorsement’’.
                                               a. In the section heading, remove the                ‘‘for a deck’’, remove the word ‘‘license’’
                                            word ‘‘licenses’’ and add, in its place,                                                                      § 11.405   [Amended]
                                                                                                    and add, in its place, the words ‘‘officer
                                            the words ‘‘or STCW endorsements’’;                     endorsement’’; remove the words ‘‘A                      123. In newly redesignated § 11.405,
                                               b. In paragraph (a), remove the word                 license’’ and add, in their place, the                after the words ‘‘qualify an applicant
                                            ‘‘issued’’ and add, in its place, the                   word ‘‘An’’; and, after the words ‘‘may               for’’ remove the word ‘‘license’’ and
                                            words ‘‘or MMC endorsement’’; and                       be issued’’, remove the words ‘‘a                     add, in its place, the words ‘‘an
                                            remove the word ‘‘licensee’’ and add, in                license’’ and add, in their place, the                endorsement’’; and after the words
                                            its place, the word ‘‘mariner’’; and                    words ‘‘an endorsement’’.                             ‘‘holding a license’’, add the words ‘‘or
                                            remove the words ‘‘license, without                                                                           MMC endorsement’’.
                                            additional’’;                                           § 11.402   [Amended]
                                               c. In paragraph (b), after the words ‘‘A                                                                   § 11.406   [Amended]
                                                                                                       120. In newly redesignated § 11.402—
                                            license’’, add the words or MMC                            a. In the section heading, remove the                 124. In newly redesignated § 11.406—
                                            endorsement’’; remove the word                          word ‘‘licenses’’ and add, in its place,                 a. In the introductory text, remove the
                                            ‘‘licensee’’ and add, in its place, the                 the word ‘‘endorsements’’;                            word ‘‘license’’ and add, in its place, the
                                            word ‘‘mariner’’; and remove the words                     b. In paragraph (a), remove the word               words ‘‘an endorsement’’;
                                            ‘‘license, without additional’’;                        ‘‘license’’ and add, in its place, the word              b. In paragraph (a), after the words
                                               d. In paragraph (c), remove the word                 ‘‘endorsement’’;                                      ‘‘holding a license’’, add the words ‘‘or
                                            ‘‘licenses’’ wherever it appears and add,                  c. In paragraph (b), remove the words              endorsement’’;
                                            in its place, the words ‘‘endorsements’’;               ‘‘original or raise of grade of a license’’              c. In paragraph (b) introductory text,
                                            and, before the words ‘‘any gross tons’’,               and add, in their place, the word                     after the words ‘‘holding a license’’, add
                                            remove the word ‘‘of’’ and add, in its                  ‘‘endorsement’’ and remove the words                  the words ‘‘or MMC endorsement’’; and
                                            place, the word ‘‘for’’;                                ‘‘§ 10.407(c)’’ and add, in their place,                 d. In paragraph (c), remove the words
                                               e. In paragraph (d), remove the word                 the words ‘‘§ 11.407(e)’’; before the                 ‘‘A licensed’’ and add, in their place, the
                                            ‘‘licensee’’; and add, in its place, the                words ‘‘is limited to’’, remove the word              words ‘‘An individual holding an
                                            word ‘‘mariner’’, and after the words                   ‘‘license’’ and add, in its place, the word           endorsement or license as’’; and, after
                                            ‘‘near coastal license’’ add the words ‘‘or             ‘‘endorsement’’; after the words ‘‘an                 the words ‘‘may obtain’’, remove the
                                            MMC endorsement’’; and, after the                       unlimited tonnage’’, remove the word                  words ‘‘a license’’ and add, in their
                                            words ‘‘service may have’’, remove the                  ‘‘license’’ and add, in its place, the word           place, the words ‘‘an endorsement’’.
                                            words ‘‘the license’’ and add, in their                 ‘‘endorsement’’;
                                            place the words ‘‘an MMC’’;                                d. In paragraph (c)(1), remove the                 § 11.407   [Amended]
                                               f. In paragraph (e), after the words                 word ‘‘licensed’’ and add in its place,                 125. In newly redesignated § 11.407—
                                            ‘‘holding a license’’, add the words ‘‘or               the word ‘‘endorsed’’;                                  a. In paragraph (a) introductory text,
sroberts on PROD1PC70 with PROPOSALS




                                            MMC endorsement’’; and, after the                          e. In paragraph (c)(2), remove the                 remove the word ‘‘license’’ and add, in
                                            words ‘‘near coastal unlimited’’, remove                words ‘‘licensed capacity’’ and add, in               their place, the words ‘‘an
                                            the word ‘‘license’’ and add, in its place,             their place, the words ‘‘capacity as an               endorsement’’;
                                            the word ‘‘endorsement’’;                               officer’’; after the words ‘‘for which’’,               b. In paragraph (a)(1), remove the
                                               g. In paragraph (f), remove the words                remove the word ‘‘licensed’’ and, add in              word ‘‘license’’ and add, in its place, the
                                            ‘‘Masters and mates licenses’’ and add,                 its place, the word ‘‘endorsed’’; after the           words ‘‘officer endorsement’’;


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                             29513

                                               c. In paragraph (b), remove the words                § 11.420   [Amended]                                  in their place, the words ‘‘officer
                                            ‘‘a license’’ and add, in their place, the                 131. In newly redesignated § 11.420,               endorsement’’; and, after the words
                                            words ‘‘an endorsement’’; and                           after the words ‘‘qualify an applicant                ‘‘master’s license’’, add the words ‘‘or
                                               d. In paragraph (c), after the words                 for’’ remove the words ‘‘a license’’ and              MMC endorsement’’; and
                                            ‘‘holding a license’’, add the words ‘‘or               add, in their place, the words ‘‘an                      e. In paragraph (c), remove the words
                                            MMC endorsement’’ and after the words                   endorsement’’; and after the words                    ‘‘§ 10.401(g) of this subpart’’ and add, in
                                            ‘‘qualify the applicant for’’ remove the                ‘‘position while holding a license’’ add              their place, the words ‘‘§ 11.401(g)’’.
                                            words ‘‘a license’’ and add, in their                   the words ‘‘or endorsement’’.
                                            place, the words ‘‘an endorsement’’.                                                                          § 11.426   [Amended]
                                                                                                    § 11.421   [Amended]                                     134. In newly redesignated § 11.426—
                                            § 11.410   [Amended]                                                                                             a. In paragraph (a), remove the words
                                                                                                       131A. In newly redesignated § 11.421,
                                               126. In newly redesignated § 11.410—                 remove the words ‘‘a license’’ and add,               ‘‘a license’’ and add, in its place, the
                                               a. In the section heading, remove the                in their place, the words ‘‘an                        words ‘‘an endorsement’’;
                                            word ‘‘licenses’’ and add, in its place,                endorsement’’; and, after the words                      b. In paragraph (a)(1), after the words
                                            the words ‘‘officer endorsements’’;                     ‘‘holding a certificate’’, add the words              ‘‘holding a license’’ add the words ‘‘or
                                               b. In paragraph (a) introductory text,                                                                     endorsement’’;
                                                                                                    ‘‘or endorsement’’.
                                            remove the word ‘‘Licenses’’ and add,                                                                            c. In paragraph (a)(2), remove the
                                            its their place, ‘‘Endorsements’’;                      § 11.422   [Amended]                                  word ‘‘licensed’’; and
                                               c. In paragraph (b), remove the word                    132. In newly redesignated § 11.422—                  d. In paragraph (b), remove the words
                                            ‘‘license’’ and add, in its place, the word                a. In the section heading, remove the              ‘‘an endorsement on this license’’ and
                                            ‘‘endorsement’’; and                                    word ‘‘licenses’’ and add, in its place,
                                               d. In paragraph (c), remove the words                                                                      add, in its place, the words ‘‘this officer
                                                                                                    the word ‘‘endorsements’’;                            endorsement’’; and, after the words ‘‘of
                                            ‘‘A license’’ and add, in their place, the                 b. In paragraph (a), remove the word
                                            words ‘‘An officer’s endorsement’’.                                                                           the master’s license’’, add the words ‘‘or
                                                                                                    ‘‘licenses’’ and add, in its place, the               MMC endorsement’’.
                                            § 11.412   [Amended]                                    word ‘‘endorsements’’; and remove the
                                                                                                    word ‘‘license’’ and add, in its place, the           § 11.427   [Amended]
                                               127. In newly redesignated § 11.412—
                                               a. In the introductory text, remove the              word ‘‘endorsement’’;                                    135. In newly redesignated § 11.427—
                                            words ‘‘a license’’ and add, in their                      c. In paragraph (b) introductory text,                a. In paragraph (a) introductory text,
                                            place, the words ‘‘an endorsement’’;                    remove the word ‘‘licenses’’ and add, in              remove the word ‘‘license’’ and add, in
                                               b. In paragraph (a), after the words                 its place, the word ‘‘endorsements’’;                 its place, the word ‘‘endorsement’’;
                                            ‘‘holding a license’’, add the words ‘‘or                  d. In paragraphs (b)(1) and (b)(2),                   b. In paragraph (a)(2), after the words
                                            MMC endorsement’’; and                                  remove the word ‘‘license’’ wherever it               ‘‘holding a license’’, add the words ‘‘or
                                               c. In paragraph (b), after the words                 appears and add, in its place, the word               MMC endorsement’’;
                                            ‘‘holding a license’’, add the words ‘‘or               ‘‘endorsement’’;                                         c. In paragraph (b), after the words
                                            MMC endorsement’’; and, after the                          e. In paragraph (b)(3), remove the                 ‘‘holder of a license’’, add the words ‘‘or
                                            words ‘‘eligible for this’’, remove the                 word ‘‘license’’ and add, in its place, the           MMC endorsement’’; and, after the
                                            word ‘‘license’’ and add, in its place, the             words ‘‘officer endorsement’’;                        words ‘‘may obtain this’’, remove the
                                            word ‘‘endorsement’’.                                      f. In paragraph (b)(4), after the words            word ‘‘license’’ and add, in its place, the
                                                                                                    ‘‘increment on the’’, remove the word                 word ‘‘endorsement’’;
                                            § 11.414   [Amended]
                                                                                                    ‘‘license’’ and add, in its place, the                   d. In paragraph (d), after the words ‘‘A
                                               128. In newly redesignated § 11.414—                 words ‘‘officer’s license or MMC                      license’’, add the words ‘‘or MMC
                                               a. In the introductory text, remove the              endorsement’’;                                        endorsement’’; and
                                            words ‘‘a license’’ and add, in their                      g. In paragraph (c), after the words                  e. In paragraph (e), after the words ‘‘a
                                            place, the words ‘‘an endorsement’’; and                ‘‘vessels upon which’’, remove the
                                               b. In paragraph (a), after the words                                                                       tonnage endorsement’’, remove the
                                                                                                    words ‘‘licensed personnel are not                    word ‘‘of’’ and add, in its place, the
                                            ‘‘holding a license’’ add the words ‘‘or
                                                                                                    required’’ and add, in their place, the               word ‘‘for’’.
                                            MMC endorsement’’.
                                                                                                    words ‘‘no personnel need an officer
                                                                                                    endorsement or license’’; and, after the              § 11.428   [Amended]
                                            § 11.416   [Amended]
                                               129. In newly redesignated § 11.416,                 words ‘‘required to engage’’, remove the                 136. In newly redesignated § 11.428—
                                            remove the words ‘‘a license’’ and add,                 words ‘‘licensed individuals’’ and add,                  a. In paragraph (a), remove the words
                                            in their place, the words ‘‘an                          in their place, the words ‘‘individuals               ‘‘a license’’ and add, in its place, the
                                            endorsement’’; and, after the words                     with officer endorsements’’; and                      words ‘‘an endorsement’’; and
                                            ‘‘holding a certificate’’, add the words                   h. In paragraph (e), remove the word                  b. In paragraph (b), remove the words
                                            ‘‘or endorsement’’.                                     ‘‘license’’ and add, in its place, the                ‘‘endorsement on this license’’ and add,
                                                                                                    words ‘‘officer endorsement’’.                        in their place, the word ‘‘endorsement’’;
                                            § 11.418   [Amended]                                                                                          and, after the words ‘‘issuance of the
                                               130. In newly redesignated § 11.418—                 § 11.424   [Amended]                                  license’’, add the words ‘‘or MMC
                                               a. In the introductory text, remove the                 133. In newly redesignated § 11.424—               endorsement’’.
                                            words ‘‘a license’’ and add, in their                      a. In paragraph (a) introductory text,
                                            place, the words ‘‘an endorsement’’;                    remove the words ‘‘a license’’ and add,               § 11.429   [Amended]
                                               b. In paragraph (a), after the words                 in their place, the words ‘‘an officer                   137. In newly redesignated § 11.429—
                                            ‘‘holding a license’’ add the words ‘‘or                endorsement’’;                                           a. In paragraph (a) introductory text
                                            MMC endorsement’’;                                         b. In paragraph (a)(1), after the words            after the words ‘‘Limited masters’ ’’,
sroberts on PROD1PC70 with PROPOSALS




                                               c. In paragraph (b), after the words                 ‘‘holding a license’’, add the words ‘‘or             remove the word ‘‘licenses’’ and add, in
                                            ‘‘The holder of a license’’ add the words               MMC endorsement’’;                                    its place, the word ‘‘endorsements’’;
                                            ‘‘or MMC endorsement’’; and, after the                     c. In paragraph (a)(2), remove the                 after the words ‘‘educational
                                            words ‘‘is eligible for’’, remove the                   word ‘‘licensed’’;                                    institutions.’’, remove the words ‘‘A
                                            words ‘‘a license’’ and add, in their                      d. In paragraph (b), remove the words              license’’ and add, in their place, the
                                            place, the words ‘‘an endorsement’’.                    ‘‘endorsement on this license’’ and add,              words ‘‘An endorsement’’; and, after the


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                                            29514                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            words ‘‘obtain this restricted’’, remove                   b. In paragraph (a)(3), after the words               d. In paragraph (d), remove the word
                                            the word ‘‘license’’ and add, in its place,             ‘‘holding a license’’, add the words ‘‘or             ‘‘license’’ and add, in its place, the word
                                            the word ‘‘endorsement’’;                               MMC endorsement’’.                                    ‘‘endorsement’’.
                                               b. In paragraph (a)(1), after the words
                                            ‘‘for which the’’ remove the word                       § 11.442   [Amended]                                  § 11.452   [Amended]
                                            ‘‘license’’ and add, in its place, the word               143. In newly redesignated § 11.442—                   148. In newly redesignated § 11.452—
                                            ‘‘endorsement’’;                                          a. In the introductory text, remove the                a. In paragraph (a), after the words
                                               c. In paragraph (b), remove the words                words ‘‘a license’’, and add, in their                ‘‘qualify an applicant for’’, remove the
                                            ‘‘§ 10.205(h) of this part’’ and add in                 place, the words ‘‘an endorsement’’; and              words ‘‘a license’’ and add, in their
                                            their place, the words ‘‘§ 11.205(h)’’;                   b. In paragraphs (a) and (b), after the             place, the words ‘‘an endorsement’’; and
                                            and                                                     words ‘‘holding a license’’, wherever                 after the words ‘‘holding a license’’, add
                                               d. In paragraph (c), after the words                 they appear, add the words ‘‘or MMC                   the words ‘‘or MMC endorsement’’; and
                                            ‘‘obtain an endorsement’’, remove the                   endorsement’’.                                        after the words ‘‘otherwise the’’, remove
                                            words ‘‘on this license’’ and after the                 § 11.444   [Amended]                                  the word ‘‘license’’ and add, in its place,
                                            words ‘‘issuance of the license’’ add the                  144. In newly redesignated § 11.444—               the word ‘‘endorsement’’; and
                                            words ‘‘or MMC endorsement’’.                              a. In the introductory text, remove the               b. In paragraph (b), after the words ‘‘In
                                                                                                    word ‘‘license’’ and add, in its place, the           order to obtain an endorsement’’,
                                            § 11.430   [Amended]                                                                                          remove the words ‘‘on this license’’; and
                                                                                                    words ‘‘an endorsement’’;
                                               138. In newly redesignated § 11.430—                    b. In paragraph (a), after the words               after the words ‘‘master’s license’’ add
                                               a. In the section heading, remove the                ‘‘holding a certificate’’, add the words              the words ‘‘or MMC endorsement’’.
                                            word ‘‘Licenses’’ and add, in its place,                ‘‘or endorsement’’; and
                                            the word ‘‘Endorsements’’; and                                                                                § 11.454   [Amended]
                                                                                                       c. In paragraph (b), after the words
                                               b. In the text, after the words ‘‘Any                ‘‘holding a license’’, add the words ‘‘or                149. In newly redesignated § 11.454—
                                            license’’, wherever they appear, add the                MMC endorsement’’.                                       a. In paragraph (a), after the words
                                            words ‘‘or MMC endorsement’’; after the                                                                       ‘‘qualify an applicant for’’, remove the
                                            word ‘‘licenses’’, wherever it appears,                 § 11.446   [Amended]                                  words ‘‘a license’’ and add, in their
                                            add the words ‘‘and MMC                                    145. In newly redesignated § 11.446—               place, the words ‘‘an endorsement’’; and
                                            endorsements’’; and, after the words                       a. In the introductory text, remove the            after the words ‘‘otherwise the’’, remove
                                            ‘‘COLREGS or the’’, remove the words                    words ‘‘a license’’, and add, in their                the word ‘‘license’’ and add, in its place,
                                            ‘‘license must be endorsed with an                      place, the words ‘‘an endorsement’’;                  the word ‘‘endorsement’’;
                                            exclusion from’’ and add, in their place,                  b. In paragraph (a), after the words                  b. In paragraph (b), after the words ‘‘In
                                            the words ‘‘endorsement must exclude’’.                 ‘‘holding a license’’, add the words ‘‘or             order to obtain an endorsement’’,
                                                                                                    MMC endorsement’’; and                                remove the words ‘‘on this license’’;
                                            § 11.431   [Amended]                                       c. In paragraph (b), after the words                  c. In paragraph (c), before the words
                                               139. In newly redesignated § 11.431—                 ‘‘holding a license’’, wherever they                  ‘‘as master of steam’’, remove the words
                                               a. In the section heading, remove the                appear, add the words ‘‘or MMC                        ‘‘A license’’ and add, in their place, the
                                            word ‘‘licenses’’, and add, in its place,               endorsement’’ and after the words                     words ‘‘An endorsement’’; and
                                            the word ‘‘endorsements’’;                              ‘‘eligible for this’’, remove the word                   d. In paragraph (d), after the words
                                               b. In paragraph (a), remove the word                 ‘‘license’’ and add, in its place, the word           ‘‘The holder of a license’’ add the words
                                            ‘‘licenses’’, and add, in its place, the                ‘‘endorsement’’.                                      ‘‘or MMC endorsement’’; and after the
                                            word ‘‘endorsements’’; and                                                                                    words ‘‘may obtain this’’, remove the
                                               c. In paragraph (b), remove the word                 § 11.448   [Amended]
                                                                                                       146. In newly redesignated § 11.448,               word ‘‘license’’ and add, in its place, the
                                            ‘‘licenses’’, and add, in its place, the
                                                                                                    after the words ‘‘an applicant for’’,                 word ‘‘endorsement’’; and, after the
                                            word ‘‘endorsements’’; and remove the
                                                                                                    remove the words ‘‘a license’’ and add,               words ‘‘otherwise the’’, remove the
                                            words ‘‘§ 10’’ and add, in their place,
                                                                                                    in their place, the words ‘‘an                        word ‘‘license’’ and add, in its place, the
                                            the words ‘‘§ 11’’.
                                                                                                    endorsement’’; and after the words                    word ‘‘endorsement’’.
                                            § 11.433   [Amended]                                    ‘‘holding a certificate’’, add the words              § 11.455   [Amended]
                                               140. In newly redesignated § 11.433—                 ‘‘or endorsement’’.
                                               a. In the introductory text, remove the                                                                       150. In newly redesignated § 11.455—
                                            word ‘‘license’’ and add, in its place, the             § 11.450   [Amended]                                     a. In paragraph (a), after the words
                                            words ‘‘an endorsement’’; and                              147. In newly redesignated § 11.450—               ‘‘qualify an applicant for’’, remove the
                                               b. In paragraph (c), after the words                    a. In the section heading, remove the              words ‘‘a license’’ and add, in their
                                            ‘‘holding a license’’, add the word ‘‘or                word ‘‘licenses’’ and add, in its place,              place, the words ‘‘an endorsement’’; and
                                            MMC endorsement’’.                                      the word ‘‘endorsements’’;                            after the words ‘‘otherwise the’’, remove
                                                                                                       b. In paragraph (a), remove the word               the word ‘‘license’’ and add, in its place,
                                            § 11.435   [Amended]                                    ‘‘licenses’’ and add, in its place, the               the word ‘‘endorsement’’; and
                                              141. In newly redesignated § 11.435—                  word ‘‘endorsements’’; and remove the                    b. In paragraph (b), after the words ‘‘In
                                              a. In the introductory text, remove the               words ‘‘§ 10.422’’ each time they appear              order to obtain an endorsement’’,
                                            word ‘‘license’’, and add, in its place,                and add, in their place, the words                    remove the words ‘‘on this license’’;
                                            the word ‘‘endorsement’’; and                           ‘‘§ 11.422’’;                                         and, after the words ‘‘issuance of the’’,
                                              b. In paragraph (b), after the words                     c. In paragraph (c), after the words               remove the word ‘‘license’’ and add, in
                                            ‘‘mate/pilot first class pilot license’’,               ‘‘vessels upon which’’, remove the                    its place, the word ‘‘endorsement’’.
                                            add the words ‘‘or MMC endorsement’’.                   words ‘‘licensed personnel’’ and add, in
sroberts on PROD1PC70 with PROPOSALS




                                                                                                    their place, the words ‘‘personnel with               § 11.456   [Amended]
                                            § 11.437   [Amended]                                    licenses or endorsements’’; and, after                  151. In newly redesignated § 11.456—
                                               142. In newly redesignated § 11.437—                 the words ‘‘required to engage’’, remove                a. In the introductory text, after the
                                               a. In paragraph (a) introductory text,               the words ‘‘licensed individuals’’ and                words ‘‘Limited masters’’ remove the
                                            remove the word ‘‘license’’, and add, in                add, in their place, the words                        word ‘‘licenses’’ and add, in its place,
                                            its place, the word ‘‘endorsement’’; and                ‘‘individuals with endorsements’’; and                the word ‘‘endorsements’’; and before


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                              29515

                                            the words ‘‘issued under this’’, remove                 master, or as licensed mate’’ and add, in             § 11.463   [Amended]
                                            the words ‘‘A license’’ and add, in their               their place, the words ‘‘master, or as                   155. In newly redesignated § 11.463—
                                            place, the words ‘‘An endorsement’’;                    mate’’; and after the words ‘‘while                      a. In the section heading, remove the
                                            and after the words ‘‘In order to obtain                holding a license’’, add the words ‘‘or               words ‘‘licenses for’’ and add, in their
                                            this restricted’’, remove the word                      MMC endorsement’’;                                    place, the words ‘‘endorsements as’’;
                                            ‘‘license’’ and add, in its place, the word                e. In paragraphs (c)(1) and (c)(2),                   b. In paragraph (a), remove the word
                                            ‘‘endorsement’’;                                        remove the words ‘‘a license of’’                     ‘‘licenses’’ and add, in its place, the
                                               b. In paragraph (a), remove the word                 wherever they appear and add, in their                word ‘‘endorsements’’; and
                                            ‘‘license’’ and add, in its place, the word             place, the words ‘‘an endorsement for’’;                 c. In paragraphs (b) and (c), remove
                                            ‘‘endorsement’’; and                                       f. In paragraph (c)(3), remove the                 the words ‘‘a license’’ wherever they
                                               c. In paragraph (d), after the words                 words ‘‘a license of’’ wherever they                  appear and add, in their place, the
                                            ‘‘required by’’, remove the text ‘‘§ 10’’               appear and add, in their place, the                   words ‘‘an endorsement’’.
                                            and add, in its place, the text ‘‘§ 11’’.               words ‘‘an endorsement for’’; and before                 156. In newly redesignated § 11.464—
                                                                                                    the words ‘‘is limited to’’, remove the                  a. In the section heading, remove the
                                            § 11.457   [Amended]                                                                                          word ‘‘licenses’’ and add, in its place,
                                                                                                    word ‘‘license’’ and add, in its place, the
                                               152. In newly redesignated § 11.457—                 word ‘‘endorsement’’; and before the                  the word ‘‘endorsements’’;
                                               a. In paragraph (a), after the words                 words ‘‘as master of’’, remove the words                 b. In paragraph (a), remove the words
                                            ‘‘An applicant for’’, remove the words                  ‘‘A license’’ and add, in their place, the            ‘‘a license as master of towing vessels
                                            ‘‘a license’’ and add, in their place, the              words ‘‘An endorsement’’;                             endorsed’’ and add, in their place, the
                                            words ‘‘an endorsement’’; and after the                    g. In paragraph (c)(4) introductory                words ‘‘an endorsement as master of
                                            words ‘‘requirements of’’, remove the                   text, after the words ‘‘The tonnage                   towing vessels’’ and remove the words
                                            text ‘‘§ 10’’ and add, in its place, the text           limitation’’ remove the words ‘‘on this               ‘‘Table 10.464–1’’ and add, in their
                                            ‘‘§ 11’’; and                                           license’’ and add, in their place, the                place, the words ‘‘Table 11.464(a) of this
                                               b. In paragraph (b), after the words ‘‘In            words ‘‘for this endorsement’’;                       section’’;
                                            order to obtain an endorsement’’,                          h. In paragraphs (c)(4)(v) and                        c. Redesignate Table 10.464–1 as
                                            remove the words ‘‘on this license’’;                   (c)(4)(vi), after the words ‘‘holding a               Table 11.464(a) and revise it to read as
                                            and, after the words ‘‘issuance of the                  license’’ wherever they appear, add the               set out below;
                                            license’’, add the words ‘‘or MMC                                                                                d. In paragraph (b), after the words ‘‘to
                                                                                                    words ‘‘or MMC endorsement’’; and,
                                            endorsement’’.                                                                                                obtain an’’, remove the words ‘‘a
                                                                                                    after the words ‘‘limitation on the’’,
                                                                                                                                                          license’’ and add, in their place, the
                                            § 11.459   [Amended]                                    remove the words ‘‘master’s license’’
                                                                                                                                                          words ‘‘an endorsement’’; and, after the
                                               153. In newly redesignated § 11.459—                 wherever they appear and add, in their
                                                                                                                                                          words ‘‘columns 2 through 5 of’’,
                                               a. In paragraph (a), after the words                 place, the word ‘‘MMC’’;
                                                                                                                                                          remove the words ‘‘Table 10.464–2’’ and
                                            ‘‘An applicant for’’, remove the words                     i. In paragraphs (d) introductory text,
                                                                                                                                                          add, in their place, the words ‘‘Table
                                            ‘‘a license’’ and add, in their place, the              (d)(1), and (d)(2), remove the words ‘‘a
                                                                                                                                                          11.464(b) of this section’’;
                                            words ‘‘an endorsement’’; and                           license’’ wherever they appear and add,
                                                                                                                                                             e. Redesignate Table 10.464–2 as
                                               b. In paragraph (b), after the words                 in their place, the words ‘‘an
                                                                                                                                                          Table 11.464(b) and revise the heading
                                            ‘‘An applicant for’’, remove the words                  endorsement’’;
                                                                                                                                                          to read as set out below;
                                            ‘‘a license’’ and add, in their place, the                 j. In paragraph (d)(3), after the words               f. In paragraph (c), after the words
                                            words ‘‘an endorsement’’; and after the                 ‘‘To qualify for’’, remove the words ‘‘a              ‘‘hold a license’’, add the words ‘‘or
                                            words ‘‘steam or motor’’, remove the                    license’’ and add, in their place, the                MMC endorsement’’; and after the
                                            word ‘‘license’’ and add, in its place, the             words ‘‘an endorsement’’; and, before                 words ‘‘added to your’’, remove the
                                            word ‘‘endorsement’’.                                   the words ‘‘is limited to’’, remove the               word ‘‘license’’ and add, in its place, the
                                                                                                    word ‘‘license’’ and add, in its place, the           word ‘‘MMC’’;
                                            § 11.462   [Amended]                                    word ‘‘endorsement’’;                                    g. In paragraph (d), after the words
                                               154. In newly redesignated § 11.462—                    k. In paragraph (d)(4), after the words            ‘‘training and have your’’, remove the
                                               a. In the section heading, remove the                ‘‘limitation on this’’, remove the word               words ‘‘license endorsed’’ and add, in
                                            word ‘‘Licenses’’ and add, in its place,                ‘‘license’’ and add, in its place, the word           their place, the words ‘‘MMC include an
                                            the word ‘‘Endorsements’’.                              ‘‘endorsement’’;                                      endorsement’’;
                                               b. In paragraph (a) introductory text,                  l. In paragraph (d)(4)(iv), after the                 h. In paragraph (e), remove the words
                                            remove the word ‘‘licenses’’ and add, in                words ‘‘holding a license’’, add the                  ‘‘licensed mariner with appropriate’’
                                            its place, the word ‘‘endorsements’’;                   words ‘‘or MMC endorsement’’; and,                    and add, in their place, the words
                                               c. In paragraph (b), before the words                after the words ‘‘limitation on the’’,                ‘‘mariner with the appropriate
                                            ‘‘as master or mate’’, remove the word                  remove the words ‘‘mate’s license’’ and               endorsement and’’;
                                            ‘‘Licenses’’ and add, in its place, the                 add, in their place, the word ‘‘MMC’’;                   i. In paragraph (f) introductory text,
                                            word ‘‘Endorsements’’; and after the                       m. In paragraph (d)(4)(v), after the               after the words ‘‘If you hold a license’’,
                                            words ‘‘industry vessel’’, remove the                   words ‘‘while holding’’, remove the                   add the words ‘‘or MMC endorsement’’;
                                            word ‘‘license’’ and add, in its place, the             words ‘‘a license’’ and add, in their                 and, after the words ‘‘restrictions on
                                            word ‘‘endorsement’’; and, after the                    place, the words ‘‘an endorsement’’;                  your’’, remove the word ‘‘license’’ and
                                            words ‘‘requirements of’’, remove the                   and, after the words ‘‘limitation on the’’,           add, in its place, the word
                                            words ‘‘§ 10.401(g) of this subpart’’ and               remove the words ‘‘mate’s license’’ and               ‘‘endorsement’’;
                                            add, in its place, the text ‘‘§ 11.401(g)’’;            add, in their place, the word ‘‘MMC’’;                   j. In paragraph (f)(2)(i), after the words
                                               d. In paragraph (c) introductory text,               and                                                   ‘‘described in’’, remove the text ‘‘§ 10’’
sroberts on PROD1PC70 with PROPOSALS




                                            after the words ‘‘An applicant for’’,                      n. In paragraph (d)(4)(vi), after the              and add, in its place, the text ‘‘§ 11’’;
                                            remove the words ‘‘a license’’ and add,                 words ‘‘holding a license’’, add the                     k. In paragraph (f)(3), after the words
                                            in their place, the words ‘‘an                          words ‘‘or MMC endorsement’’; and                     ‘‘Your license’’, add the words ‘‘or
                                            endorsement’’; and after the words                      after the words ‘‘limitation on the’’,                MMC’’; and, after the words ‘‘does not
                                            ‘‘must have been as’’, remove the words                 remove the words ‘‘mate’s license’’ and               need’’, add the words ‘‘to include’’; and
                                            ‘‘as licensed master, as unlicensed                     add, in their place, the word ‘‘MMC’’.                   l. Remove paragraph (g).


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                                            29516                             Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 11.464 Requirements for endorsements
                                            as master of towing vessels.
                                            *        *        *        *        *

                                                                       TABLE 11.464(A).—REQUIREMENTS FOR ENDORSEMENT AS MASTER1 OF TOWING VESSELS
                                                                                         1                                                           2                    3                           4                             5                   6

                                                                                                                                                                                          TOS 3 on T/V
                                                                                                                                                                TOS 3 on T/V                                                 TOS 3 on
                                                                                                                                                Total                                        as mate                                               Sub-ordinate
                                                                              Route endorsed                                                                      as mate                                                    particular
                                                                                                                                               service 2                                  (pilot) not as                                         route authorized
                                                                                                                                                                   (pilot)                                                     route
                                                                                                                                                                                          harbor assist

                                            (1)   OCEANS (O) ..........................................................................                   48    18   of   48   .......    12     of   18   .......       3   of   18 .........   NC, GL–I.
                                            (2)   NEAR-COASTAL (NC) ...........................................................                           48    18   of   48   .......    12     of   18   .......       3   of   18 .........   GL–I.
                                            (3)   GREAT LAKES-INLAND (GL–I) .............................................                                 48    18   of   48   .......    12     of   18   .......       3   of   18.
                                            (4)   WESTERN RIVERS (WR) ......................................................                              48    18   of   48   .......    12     of   18   .......       3   of   18.
                                               1 If you hold an endorsement as master of towing vessels you may have an endorsement—as mate (pilot) of towing vessels for a route supe-
                                            rior to your current route on which you have no operating experience—placed on your MMC after passing an examination for that additional
                                            route. After you complete 90 days of experience and complete a TOAR on that route, we will add it to your endorsement as master of towing
                                            vessels and remove the one for mate (pilot) of towing vessels.
                                               2 Service is in months.
                                               3 TOS is time of service.




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

                                                                  TABLE 11.465(A).—REQUIREMENTS FOR ENDORSEMENT AS MATE (PILOT1) OF TOWING VESSELS
                                                                  1                                2                     3                       4                    5                                          6                                      7

                                                                                                                 TOS3 on T/V                                   TOAR4 or an                 30 Days of observation and
                                                                                              Total serv-       as apprentice             TOS3 on par-                                     training while holding mater                            Subordinate
                                                       Route endorsed                                                                                           approved
                                                                                                 ice2               mate                   ticular route         course                    (limited) and pass a limited                          route authorized
                                                                                                                (Steersman)                                                                         examination

                                            (1) OCEANS (O) .....................                          30    12 of 30 .......          3 of 12 .........    YES .............         YES ........................................            NC, GL–I
                                            (2) NEAR-COASTAL (NC) ......                                  30    12 of 30 .......          3 of 12 .........    YES .............         YES ........................................            GL–I,
                                            (3) GREAT LAKES–INLAND                                        30    12 of 30 .......          3 of 12 .........    YES .............         YES ........................................
                                              (GL–I).
                                            (5) WESTERN RIVERS (WR)                                       30    12 of 30 .......          3 of 12 .........    YES .............         NO (90 days service re-
                                                                                                                                                                                          quired)I.
                                              1For all inland routes, as well as Western Rivers, the endorsement as pilot of towing vessels is equivalent to that as mate of towing vessels.
                                            All qualifications and equivalencies are the same.
                                              2 Service is in months unless otherwise indicated.
                                              3 TOS is time of service.
                                              4 TOAR is Towing Officers’ Assessment Record.
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                                            *      *     *    *      *                                            the words ‘‘a license’’ and add, in their                                     c. In paragraph (b), after the words
                                               158. In newly redesignated § 11.466—                               place, the words ‘‘an endorsement’’;                                       ‘‘hold a license’’ add the words ‘‘or
                                               a. In paragraph (a), after the words                                 b. Redesignate Table 10.466–1 as                                         endorsement’’ and after the words
                                            ‘‘As Table’’ remove the word ‘‘10’’ and                                                                                                          ‘‘endorsement will go on your’’ remove
                                                                                                                  Table 11.466(a) and revise it to read as
                                            add, in its place, the word ‘‘11’’ and                                                                                                           the word ‘‘license’’ and add, in its place,
                                                                                                                  follows; and
                                            after the words ‘‘like to obtain’’, remove


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                                                                        Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                                                               29517

                                            the word ‘‘MMC’’ and after the words                      ‘‘restricted endorsement’’ and add, in                         § 11.466 Requirements for endorsements
                                            ‘‘may have the’’ remove the words                         their place, the word ‘‘restriction’’.                         as apprentice mate (steersman) of towing
                                                                                                                                                                     vessels.
                                                                                                                                                                     *            *          *            *         *

                                                 TABLE 11.466(A).—REQUIREMENTS FOR ENDORSEMENT AS APPRENTICE MATE (STEERSMAN) OF TOWING VESSELS
                                                                  1                                                  2                                   3                    4                            5                     6

                                                                                                                                                     Total serv-                                 TOS2   on par-            Pass examina-
                                                             License type                                   Route endorsed                                         TOS2 on T/V
                                                                                                                                                        ice1                                      ticular route                tion3

                                            (1)     APPRENTICE                      MATE    OCEANS (O) .......................................                18   12 of 18 .......              3 of 18 .........         YES
                                              (STEERSMAN).
                                                                                            NEAR-COASTAL (Nc) .........................                       18   12    of   18   .......       3   of   18   .........   YES
                                                                                            GREAT LAKES- ..................................                   18   12    of   18   .......       3   of   18   .........   YES
                                                                                            INLAND (Gl-I) ......................................              18   12    of   18   .......       3   of   18   .........   YES
                                                                                            WESTERN RIVERS (WR) ..................                            18   12    of   18   .......       3   of   18   .........   YES
                                            (2)     APPRENTICE                      MATE    NOT APPLICABLE ..............................                     18   12    of   18   .......       3   of   18   .........   YES
                                              (STEERSMAN) (LIMITED).



                                            *      *     *         *      *                           ‘‘uninspected passenger vessel’’ remove                           e. In paragraph (d)(2)(iv), remove the
                                                                                                      the word ‘‘licenses’’ and add, in its                          words ‘‘§ 10.205(g)’’ and add, in their
                                            § 11.467   [Amended]
                                                                                                      place, the word ‘‘endorsements’’ and                           place, the words ‘‘§ 11.205(d)’’;
                                               159. In newly redesignated § 11.467—                   before the words ‘‘issued under this                              f. In paragraph (c), after the words
                                               a. In the section heading, remove the                  paragraph’’ remove the words ‘‘A                               ‘‘unlimited license’’ add the words ‘‘or
                                            words ‘‘Licenses for operators’’ and add,                 license’’ and add, in its place, the words                     MMC endorsement’’;
                                            in their place, the words ‘‘Endorsement                   ‘‘An endorsement’’ and after the words                            g. In paragraph (d) introductory text,
                                            as’’;                                                     ‘‘obtain this restricted’’ remove the word                     remove the words ‘‘a license’’ and add,
                                               b. In paragraph (a), remove the words                                                                                 in their place, the word ‘‘an’’;
                                                                                                      ‘‘license’’ and add, in its place, the word
                                            ‘‘all applicants for the license’’ and add,                                                                                 h. In paragraph (d)(2)(i), remove the
                                                                                                      ‘‘endorsement’’;
                                            in their place, the words ‘‘an applicant                                                                                 words ‘‘OIM Surface Units license or
                                            for the endorsement’’;                                       i. In newly redesignated paragraph
                                                                                                      (f)(1), remove the word ‘‘license’’ and                        endorsement’’ and add, in their place,
                                               c. In paragraph (b), remove the word                                                                                  the words ‘‘license or MMC
                                            ‘‘licenses’’ wherever it appears and add,                 add, in its place, the word
                                                                                                      ‘‘endorsement’’;                                               endorsement as OIM Surface Units’’;
                                            in its place, the word ‘‘endorsements’’                                                                                     i. In paragraph (d)(2)(iv), remove the
                                            and after the words ‘‘local area under                       j. In newly redesignated paragraph
                                                                                                                                                                     words ‘‘§ 10.205(g)’’ and add, in their
                                            paragraph’’ remove the word ‘‘(f)’’ and                   (f)(4), remove the words § 10.205(h)’’
                                                                                                                                                                     place, the words ‘‘§ 11.205(d)’’;
                                            add, in its place, the word ‘‘(g)’’;                      and add, in their place, the words                                j. In paragraph (e), after the words
                                               d. In paragraph (c), before the words                  ‘‘§ 10.205(d)’’; and                                           ‘‘unlimited license’’ add the words ‘‘or
                                            ‘‘as operator of’’ remove the words ‘‘a                      k. In newly redesignated paragraph                          MMC endorsement’’;
                                            license’’ and add, in their place, the                    (g), remove the words ‘‘a license’’                               k. In paragraph (f)(2)(i), remove the
                                            words ‘‘an endorsement’’ and after the                    wherever they appear and add, in their                         words ‘‘license or’’;
                                            words ‘‘uninspected passenger vessel’’                    place, the words ‘‘an endorsement’’.                              l. In paragraph (f)(2)(iii), remove the
                                            remove the words ‘‘with a near coastal                                                                                   words ‘‘§ 10.205(g)’’ and add, in their
                                            endorsement’’ and add, in their place,                    § 11.468       [Amended]
                                                                                                                                                                     place, the words ‘‘§ 11.205(d)’’;
                                            the words ‘‘on near-coastal waters’’;                        160. In newly redesignated § 11.468—                           m. In paragraph (g) introductory text,
                                               e. In paragraph (d), before the words                     a. In the section heading and text,                         after the words ‘‘unlimited license’’ add
                                            ‘‘as operator of’’ remove the words ‘‘a                   remove the word ‘‘Licenses’’ wherever it                       the words ‘‘or MMC endorsement’’;
                                            license’’ and add, in their place, the                    appears and add, in its place, the words                          n. In paragraph (h) introductory text,
                                            words ‘‘an endorsement’’ and after the                    ‘‘Officer Endorsements’’; and                                  remove the words ‘‘a license or’’ and
                                            words ‘‘uninspected passenger vessel’’                       b. In the text remove the word                              add, in their place, the word ‘‘an’’;
                                            remove the words ‘‘with a Great Lakes                     ‘‘license’’ and add, in its place, the word                       o. In paragraph (h)(2)(iii), remove the
                                            and inland waters endorsement’’ and                       ‘‘endorsement’’.                                               words ‘‘§ 10.205(g)’’ and add, in their
                                            add, in their place, the words ‘‘on the                      161. In newly redesignated § 11.470—                        place, the words ‘‘§ 11.205(d)’’;
                                            Great Lakes and inland waters’’;                                                                                            p. In paragraph (i), after the words
                                               f. In paragraph (e), before the words                     a. In the section heading, remove the
                                                                                                                                                                     ‘‘unlimited license’’ add the words ‘‘or
                                            ‘‘as operator of’’ remove the words ‘‘a                   words ‘‘Licenses for’’ and add, in their
                                                                                                                                                                     MMC endorsement’’;
                                            license’’ and add, in their place, the                    place, the words ‘‘Officer endorsements                           q. In paragraph (j) introductory text,
                                            words ‘‘an endorsement’’ and after the                    as’’;                                                          remove the words ‘‘a license or’’ and
                                            words ‘‘uninspected passenger vessel’’                       b. Revise paragraph (a) introductory                        add, in their place, the word ‘‘an’’;
                                            remove the words ‘‘with an inland                         text to read as follows;                                          r. In paragraph (j)(2)(i), remove the
                                            endorsement’’ and add, in their place,                       c. In paragraph (b) introductory text,                      words ‘‘OIM Bottom Bearing Units
                                            the words ‘‘on inland waters’’;                           remove the words ‘‘a license or’’ and                          license or endorsement’’ and add, in
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                                               g. Remove paragraph (f), redesignate                   add, in their place, the word ‘‘an’’;                          their place, the words ‘‘a license or
                                            paragraph (g) as paragraph (f) and                           d. In paragraph (b)(2)(i), remove the                       MMC endorsement as OIM Bottom
                                            redesignate paragraph (h) as paragraph                    words ‘‘an OIM Unrestricted license or                         Bearing Units’’;
                                            (g);                                                      endorsement’’ and add, in their place,                            s. In paragraph (j)(2)(iii), remove the
                                               h. In newly redesignated paragraph (f)                 the words ‘‘a license or MMC                                   words ‘‘§ 10.205(g)’’ and add, in their
                                            introductory text, after the words                        endorsement as OIM Unrestricted’’;                             place, the words ‘‘§ 11.205(d)’’; and


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                                            29518                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                               t. In paragraph (k), after the words                 license’’ and add, in their place, the                § 11.495   [Amended]
                                            ‘‘unlimited license’’ add the words ‘‘or                word ‘‘MMC’’;                                            169. In newly redesignated
                                            MMC endorsement’’.                                         b. In paragraph (c), remove the words              § 11.495(a), remove the words ‘‘a
                                                                                                    ‘‘Endorsement as’’ wherever they                      license’’ and add, in their place, the
                                            § 11.470 Officer endorsements as offshore               appear;                                               words ‘‘an endorsement’’.
                                            installation manager.
                                                                                                       c. In paragraph (f), remove the last
                                              (a) Officer endorsements as offshore                  sentence;                                             § 11.497   [Amended]
                                            installation manager (OIM) include:                        d. In paragraph (g), after the words                  170. In newly redesignated
                                            *     *     *    *    *                                 ‘‘printed on the’’ remove the word                    § 11.497(a), remove the words ‘‘a
                                                                                                    ‘‘license’’ and add, in its place, the word           license’’ and add, in their place, the
                                            § 11.472   [Amended]                                                                                          words ‘‘an endorsement’’.
                                                                                                    ‘‘MMC’’;
                                               162. In newly redesignated § 11.472—                    e. In paragraph (i), after the words
                                               a. In the section heading, remove the                                                                      § 11.501   [Amended]
                                                                                                    ‘‘renew the license’’ wherever they
                                            words ‘‘License for’’ and add, in their                 appear, add the words ‘‘or MMC’’;                        171. In newly redesignated § 11.501—
                                            place, the words ‘‘Officer endorsements                                                                          a. In the section heading, remove the
                                                                                                       f. In paragraph (j), after the words
                                            as’’;                                                                                                         word ‘‘licenses’’ and add, in its place,
                                                                                                    ‘‘grade of a license’’ add the words ‘‘or
                                               b. In paragraph (a) introductory text,                                                                     the word ‘‘endorsements’’;
                                                                                                    MMC endorsement’’; and                                   b. In paragraph (a) introductory text,
                                            remove the words ‘‘a license or’’ and                      g. In paragraph (k), after the words
                                            add, in their place, the word ‘‘an’’;                                                                         remove the word ‘‘Licenses’’ and add, in
                                                                                                    ‘‘date of the’’ remove the word ‘‘license’’
                                               c. In paragraph (a)(2)(i), remove the                                                                      its place, the words ‘‘Engineer
                                                                                                    and add, in its place, the word ‘‘MMC’’.
                                            words ‘‘barge supervisor license or                                                                           endorsements’’;
                                            endorsement’’ and add, in their place,                  § 11.482   [Amended]                                     c. In paragraph (b) introductory text,
                                            the words ‘‘license or MMC                                 166. In newly redesignated § 11.482—               remove the word ‘‘licenses’’ and add, in
                                            endorsement as barge supervisor’’;                         a. In paragraph (a), after the words               its place, the word ‘‘endorsements’’;
                                               d. In paragraph (a)(2)(iii), remove the                                                                       d. In paragraph (c) introductory text,
                                                                                                    ‘‘endorsement authorizing’’ remove the
                                            words ‘‘§ 10.205(g)’’ and add, in their                                                                       after the words ‘‘Engineer licenses’’ add
                                                                                                    words ‘‘an applicant’’ and add, in their
                                            place, the words ‘‘§ 11.205(d)’’; and                                                                         the words ‘‘or MMC endorsements’’; and
                                                                                                    place, the words ‘‘a mariner’’; and after
                                               e. In paragraph (b), after the words                                                                          e. In paragraph (e), after the words
                                                                                                    the words ‘‘applies to all’’ remove the
                                            ‘‘unlimited license’’ add the words ‘‘or                                                                      ‘‘holding an engineer license’’ add the
                                                                                                    words ‘‘licenses except those for’’ and
                                            MMC endorsement’’.                                                                                            words ‘‘or MMC endorsement’’ and after
                                                                                                    add, in their place, the words ‘‘MMCs
                                                                                                                                                          the words ‘‘limitations of the license’’
                                            § 11.474   [Amended]                                    except’’; and before the words ‘‘master
                                                                                                                                                          add the words ‘‘or MMC’’.
                                               163. In newly redesignated § 11.474—                 or mate authorizing’’ remove the words
                                               a. In the section heading, remove the                ‘‘those for’’; and after the words                    § 11.502   [Amended]
                                            words ‘‘License for’’ and add, in their                 ‘‘Holders of any of these’’ remove the                   172. In newly redesignated § 11.502—
                                            place, the words ‘‘Officer endorsements                 word ‘‘licenses’’ and add, in its place,                 a. In the section heading, remove the
                                            as’’;                                                   the word ‘‘endorsements’’; and remove                 word ‘‘licenses’’ and add, in its place,
                                               b. In paragraph (a) introductory text,               the words ‘‘the licenses and without the              the word ‘‘endorsements’’;
                                            remove the words ‘‘a license’’ and add,                 endorsement’’ and add, in their place,                   b. In paragraph (a), after the words
                                            in its place, the words ‘‘an                            the words ‘‘their MMC or license’’;                   ‘‘engineer licenses’’ add the words ‘‘or
                                            endorsement’’;                                             b. In paragraph (c), after the words               MMC endorsements’’;
                                               c. In paragraph (a)(1)(i) and (ii),                  ‘‘scope of the license’’ add the words                   c. In paragraph (b) introductory text,
                                            remove the words ‘‘a licensed’’                         ‘‘or MMC’’; and                                       remove the words ‘‘a licensed applicant
                                            wherever they appear and add, in their                     c. In paragraph (d), after the words               desires to obtain an endorsement on an
                                            place, the words ‘‘an individual holding                ‘‘same as the license’’ add the words ‘‘or            engineer license in the other propulsion
                                            a license or MMC endorsement as’’;                      MMC’’; and remove the words ‘‘ on                     mode (steam or motor)’’ and add, in
                                               d. In paragraph (a)(2)(i), remove the                which it is endorsed’’ and add, in their              their place, the words ‘‘an applicant
                                            words ‘‘barge supervisor or ballast                     place, the words ‘‘on which it is                     desires to add a propulsion mode to his
                                            control operator license or                             included’’; and after the words                       or her endorsement’’ and after the words
                                            endorsement’’ and add, in their place,                  ‘‘renewed with the’’ remove the word                  ‘‘holding a license’’ add the words ‘‘or
                                            the words ‘‘license or MMC                              ‘‘license’’ and add, in its place, the word           MMC endorsement’’;
                                            endorsement as barge supervisor or                      ‘‘MMC’’.                                                 d. In paragraph (b)(1), remove the
                                            ballast control operator’’;                                                                                   words ‘‘licensed capacity’’ and add, in
                                                                                                    § 11.491   [Amended]                                  their place, the words ‘‘capacity as their
                                               e. In paragraph (a)(2)(iii), remove the
                                            words ‘‘§ 10.205(g)’’ and add, in their                    167. In newly redesignated § 11.491—               endorsement’’;
                                            place, the words ‘‘§ 11.205(d)’’;                          a. In the section heading, remove the                 e. In paragraph (b)(2), remove the
                                               f. In paragraph (b), after the words                 word ‘‘Licenses’’ and add, in it place,               words ‘‘a licensed officer at a lower
                                            ‘‘unlimited license’’ add the words ‘‘or                the word ‘‘Officer endorsements’’; and                license level’’ and add, in their place,
                                            MMC endorsement’’ and remove the                           b. In the text, before the words ‘‘for             the words ‘‘an engineer officer at a
                                            word ‘‘licensed’’ and add, in its place,                service on’’ remove the word ‘‘license’’              lower level’’; and
                                            the words ‘‘an individual holding an                    and add, in its place, the words ‘‘officer               f. In paragraph (c), after the words ‘‘of
                                            endorsement as’’;                                       endorsement’’ and after the words                     an engineer license’’ add the words ‘‘or
                                                                                                    ‘‘restrictions placed on the license’’ add            MMC endorsement’’ and remove the
                                            § 11.476   [Removed and Reserved]                       the words ‘‘or MMC’’.
sroberts on PROD1PC70 with PROPOSALS




                                                                                                                                                          text ‘‘§ 10’’ and add, in their place, the
                                               164. Remove and reserve § 11.476.                                                                          text ‘‘§ 11’’.
                                                                                                    § 11.493   [Amended]
                                            § 11.480   [Amended]                                       168. In newly redesignated                         § 11.503   [Amended]
                                              165. In newly redesignated § 11.480—                  § 11.493(a), remove the words ‘‘a                        173. In newly redesignated § 11.503—
                                              a. In paragraph (b) introductory text,                license’’ and add, in their place, the                   a. In paragraph (a), after the words
                                            remove the words ‘‘deck officer’s                       words ‘‘an endorsement’’.                             ‘‘Engineer licenses’’ add the words ‘‘and


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                               29519

                                            endorsements’’ and after the words ‘‘as                    d. In paragraph (c)(1), remove the                    h. In paragraph (d), after the words
                                            provided in’’ remove the text ‘‘§ 10’’ and              word ‘‘licensed’’ and add, in its place,              ‘‘applicant’s license’’ add the words ‘‘or
                                            add, in its place, the text ‘‘§ 11’’ and                the word ‘‘endorsed’’;                                MMC endorsement’’.
                                            after the words ‘‘designated duty                          e. In paragraph (c)(2), after the words
                                            engineer’’ remove the word ‘‘license’’                  ‘‘Six months of service’’ add the words               § 11.504   [Amended]
                                            and after the words ‘‘placed on a                       ‘‘as an officer’’; and before the words                  174. In newly redesignated § 11.504—
                                            license’’ add the words ‘‘or MMC                        ‘‘capacity other than’’ remove the word                  a. In the section heading, remove the
                                            endorsement’’;                                          ‘‘licensed’’; and after the words ‘‘for               word ‘‘licenses’’ and add, in its place,
                                               b. In paragraph (b), after the words                 which licensed’’ add the words ‘‘or                   the word ‘‘endorsements’’; and
                                            ‘‘an engineer license’’ add the words ‘‘or              endorsed’’; and after the words ‘‘next                   b. In the text, remove the words ‘‘a
                                            MMC endorsement’’; and after the                        higher grade’’ remove the word                        license’’ and add, in their place, the
                                                                                                    ‘‘license’’ and add, in its place, the word           words ‘‘an endorsement’’.
                                            words ‘‘designated duty engineer’’
                                                                                                    ‘‘endorsement’’; and after the words
                                            remove the word ‘‘license’’; and after                                                                           175. In newly redesignated § 11.505—
                                                                                                    ‘‘issuance of the limited license’’ add
                                            the words ‘‘limitation is placed on the’’                                                                        a. In the section heading, remove the
                                                                                                    the words ‘‘or MMC endorsement’’;
                                            remove the word ‘‘license’’ and add, in                    f. In paragraph (c)(3), after the words            word ‘‘license’’ and add, in its place, the
                                            its place, the word ‘‘MMC’’; and before                 ‘‘holding a license’’ add the words ‘‘or              word ‘‘officer’’;
                                            the words ‘‘is limited to the’’ remove the              MMC endorsement’’ and after the words                    b. In the text, remove the word
                                            word ‘‘license’’ and add, in its place, the             ‘‘assistant engineer’s (limited-oceans)’’             ‘‘license’’ and add, in its place, the word
                                            word ‘‘endorsement’’; and after the                     remove the word ‘‘license’’ and add, in               ‘‘endorsement’’; and
                                            words ‘‘an unlimited horsepower’’                       its place, the word ‘‘endorsement’’;                     c. Redesignate Figure 10.505 as Figure
                                            remove the word ‘‘license’’ and add, in                    g. In paragraph (c)(4), after the words            11.505 and revise it to read as follows:
                                            its place, the word ‘‘endorsement’’;                    ‘‘holding a license’’ add the words ‘‘or
                                               c. In paragraph (c) introductory text,               MMC endorsement’’ and after the words                 § 11.505   Engineer officer structure.
                                            remove the words ‘‘engineer licenses’’                  ‘‘third assistant engineer’s’’ remove the               Figure 11.505—Engineer officer
                                            and add, in their place, the words ‘‘an                 word ‘‘license’’ and add, in its place, the           endorsement structure
                                            engineer license or MMC endorsement’’;                  word ‘‘endorsement’’; and                             BILLING CODE 4910–15–P
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                                            29520                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules




                                            BILLING CODE 4910–15–C                                                                                        § 11.516   [Amended]
                                                                                                    ‘‘endorsement’’ and after the words
                                            § 11.510   [Amended]                                    ‘‘holding a license’’ add the words or                  179. In newly redesignated § 11.516,
                                                                                                    MMC endorsement’’.                                    in paragraph (a) introductory text, after
                                               176. In newly redesignated § 11.510—
                                                                                                                                                          the words ‘‘an applicant for’’, remove
                                               a. In the introductory text, remove the              § 11.514   [Amended]
                                                                                                                                                          the word ‘‘license’’ and add, in its place,
                                            word ‘‘license’’ and add, in its place, the                178. In newly redesignated § 11.514—               the word ‘‘endorsement’’.
                                            word ‘‘endorsement’’; and                                                                                       180. Revise newly redesignated
                                               b. In paragraph (b), after the words                    a. In the introductory text, after the
                                                                                                    words ‘‘qualify an applicant for’’ remove             § 11.518 to read as follows:
                                            ‘‘holding a license’’ add the words or
                                            MMC endorsement’’.                                      the word ‘‘license’’ and add, in its place,           § 11.518 Service requirements for chief
sroberts on PROD1PC70 with PROPOSALS




                                                                                                    the word ‘‘endorsement’’; and                         engineer (limited-oceans) of steam and/or
                                            § 11.512   [Amended]                                       b. In paragraphs (a) and (b)                       motor vessels.
                                               177. In newly redesignated § 11.512,                 introductory text, after the words                      The minimum service required to
                                            after the words ‘‘qualify an applicant                  ‘‘holding a license’’, wherever they                  qualify an applicant for endorsement as
                                            for’’ remove the word ‘‘license’’ and                   appear, add the words ‘‘or MMC                        chief engineer (limited-oceans) of steam
                                                                                                                                                                                                        EP22MY06.003</GPH>




                                            add, in its place, the word                             endorsement’’.                                        and/or motor vessels is five years total


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                             29521

                                            service in the engineroom of vessels.                      (1) Wooden ships of primitive build;               § 11.551 Endorsements for service on
                                            Two years of this service must have                        (2) Unrigged vessels; and,                         offshore supply vessels.
                                            been as an engineer officer. Thirty                        (3) Vessels of less than 200 gross tons.             Each endorsement for service on
                                            months of the service must have been as                    (b) Endorsements as chief engineer                 OSVs as Chief Engineer (OSV) or
                                            a qualified member of the engine                        and assistant engineer of uninspected                 Engineer (OSV) authorizes service on
                                            department or equivalent supervisory                    fishing industry vessels are issued for               OSVs as defined in 46 U.S.C. 2101(19)
                                            position.                                               ocean waters and with horsepower                      and as interpreted under 46 U.S.C.
                                              181. Revise newly redesignated                        limitations in accordance with the                    14104(b), subject to any restrictions
                                            § 11.520 to read as follows:                            provisions of § 11.503.                               placed on the MMC.
                                                                                                       (c) For an endorsement as chief
                                            § 11.520 Service requirements for chief                 engineer, the applicant must have                     § 11.553   [Amended]
                                            engineer (limited-near coastal) of steam                served four years in the engineroom of                   189. In newly redesignated § 11.553,
                                            and/or motor vessels.
                                                                                                    vessels. One year of this service must                paragraph (a), remove the words ‘‘a
                                              The minimum service required to                       have been as an assistant engineer                    license’’ and add, in their place, the
                                            qualify an applicant for endorsement as                 officer or equivalent supervisory                     words ‘‘an endorsement’’.
                                            chief engineer (limited near coastal) of                position.
                                            steam and/or motor vessels is four years                   (d) For an endorsement as assistant                § 11.555   [Amended]
                                            total service in the engineroom of                      engineer, an applicant must have served                  190. In newly redesignated § 11.555,
                                            vessels. One year of this service must                  three years in the engine room of                     paragraph (a), remove the words ‘‘a
                                            have been as an engineer officer. Two                   vessels.                                              license’’ and add, in their place, the
                                            years of the service must have been as                     (e) Two-thirds of the service required             words ‘‘an endorsement’’.
                                            a qualified member of the engine                        under this section must have been on                     191. Revise newly redesignated
                                            department or equivalent supervisory                    motor vessels.                                        § 11.601 to read as follows:
                                            position.                                                  (f) Applicants may request an orally
                                              182. Revise newly redesignated                        assisted examination on the subjects                  § 11.601   Applicability.
                                            § 11.522 to read as follows:                            listed in subpart I of this part.                        This subpart provides for
                                                                                                       185. Revise newly redesignated                     endorsement as radio officers for
                                            § 11.522 Service requirements for                                                                             employment on vessels, and for the
                                            assistant engineer (limited-oceans) of
                                                                                                    § 11.540 to read as follows:
                                            steam and/or motor vessels.
                                                                                                                                                          issue of STCW endorsements for those
                                                                                                    § 11.540 Endorsements for engineers of                qualified to serve as radio operators on
                                              The minimum service required to                       mobile offshore drilling units.                       vessels subject to the provisions on the
                                            qualify an applicant for endorsement as                   Endorsements as chief engineer                      Global Maritime Distress and Safety
                                            assistant engineer (limited-oceans) of                  (MODU) or assistant engineer (MODU)                   System (GMDSS) of Chapter IV of
                                            steam and/or motor vessels is three                     authorize service on certain self-                    SOLAS.
                                            years of service in the engineroom of                   propelled or non-self-propelled units of                 192. In newly redesignated § 11.603
                                            vessels. Eighteen months of this service                any horsepower where authorized by                    revise the heading and paragraphs (a)
                                            must have been as a qualified member                    the vessel’s certificate of inspection.               and (c) and remove and reserve
                                            of the engine department or equivalent                                                                        paragraph (b) to read as follows:
                                            supervisory position.                                   § 11.542   [Amended]
                                              183. Amend newly redesignated                            186. In newly redesignated § 11.542—               § 11.603 Requirements for radio officers’
                                            § 11.524 by revising paragraphs (a) and                    a. In the section heading, remove the              endorsements, and STCW endorsements
                                            (b) introductory text to read as follows:               words ‘‘License for’’ and add, in their               for GMDSS radio operators.
                                                                                                    place, the words ‘‘Endorsement as’’;                    (a) Each applicant for an original
                                            § 11.524 Service requirements for                          b. In the introductory text and
                                            designated duty engineer of steam and/or
                                                                                                                                                          endorsement or renewal of license shall
                                                                                                    paragraph (c), remove the words ‘‘a                   present a current first or second class
                                            motor vessels.
                                                                                                    license’’ wherever they appear and add,               radiotelegraph operator license issued
                                              (a) Designated duty engineer                          in their place, the words ‘‘an                        by the Federal Communications
                                            endorsements are issued in three levels                 endorsement’’; and                                    Commission. The applicant shall enter
                                            of horsepower limitations dependent                        c. In paragraph (b), remove the                    on the endorsement application form
                                            upon the total service of the applicant                 number ‘‘10’’ and add, in its place, the              the number, class, and date of issuance
                                            and completion of appropriate                           number ‘‘11’’.                                        of his or her Federal Communications
                                            examination. These MMCs are limited
                                                                                                    § 11.544   [Amended]                                  Commission license.
                                            to vessels of not more than 500 gross
                                                                                                                                                            (b) [Reserved]
                                            tons on certain waters as specified in                     187. In newly redesignated § 11.544—
                                                                                                       a. In the section heading, remove the                (c) Each applicant who furnishes
                                            § 11.501.
                                              (b) The service requirements for                      words ‘‘License for’’ and add, in their               evidence that he or she meets the
                                            endorsements as designated duty                         place, the words ‘‘Endorsement as’’;                  standard of competence set out in
                                            engineer are:                                              b. In the introductory text and                    STCW Regulation IV/2 (incorporated by
                                                                                                    paragraph (c), remove the words ‘‘a                   reference in Sec. 11.102), including the
                                            *     *     *     *     *                                                                                     competence to transmit and receive
                                              184. Revise newly redesignated                        license’’ wherever they appear and add,
                                                                                                    in their place, the words ‘‘an                        information using subsystems of
                                            § 11.530 to read as follows:                                                                                  GMDSS, to fulfill the functional
                                                                                                    endorsement’’;
                                            § 11.530 Endorsements for engineers of                     c. In paragraph (a)(3), remove the                 requirements of GMDSS, and to provide
                                            uninspected fishing industry vessels.                   words ‘‘Commanding Officer’’ and add,                 radio services in emergencies is entitled
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                                               (a) This section applies to                          in their place, the word ‘‘The’’; and                 to hold an STCW endorsement suitable
                                            endorsements for chief and assistant                       d. In paragraph (b), remove the                    for performing duties associated with
                                            engineers of all vessels, however                       number ‘‘10’’ and add, in its place, the              GMDSS.
                                            propelled, navigating the high seas,                    number ‘‘11’’.                                        *     *     *    *      *
                                            which are documented to engage in the                      188. Revise newly redesignated                       193. Revise newly redesignated
                                            fishing industry, with the exception of:                § 11.551 to read as follows:                          § 11.701 to read as follows:


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                                            29522                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 11.701   Scope of pilot endorsements.                 watches at the wheel or in the pilot                  § 11.711   [Amended]
                                               (a) An applicant for an endorsement                  house as part of routine duties, over the                198. In newly redesignated § 11.711—
                                            as first-class pilot need not hold any                  route sought. Evidence of having                         a. In paragraphs (a) and (d), after the
                                            other officer endorsement issued under                  completed a minimum number of round                   words ‘‘first class pilot’’, remove the
                                            this part.                                              trips while serving as an observer,                   words ‘‘license or’’; and
                                               (b) The issuance of an endorsement as                properly certified by the master and/or                  b. In paragraph (b), after the words
                                            first-class pilot to an individual                      pilot of the vessel, is also acceptable.              ‘‘additional round trips,’’ remove the
                                            qualifies that individual to serve as pilot             The range of round trips for an                       words ‘‘license or’’ and, after the words
                                            over the route(s) specified on the                      endorsement is a minimum of 12 round                  ‘‘contained in § ’’ remove the number
                                            endorsement, subject to any limitations                 trips and a maximum of 20 round trips.                ‘‘10’’ and add, in its place, the number
                                            imposed under paragraph (c) of this                     An applicant may have additional                      ‘‘11’’.
                                            section.                                                routes added to the first-class pilot
                                               (c) The Officer in Charge, Marine                                                                          § 11.713   [Amended]
                                                                                                    endorsement by meeting the
                                            Inspection, issuing an endorsement as                   requirements in paragraph (c) of this                    199. In newly redesignated § 11.713—
                                            first-class pilot, imposes appropriate                                                                           a. In paragraphs (a) and (b), wherever
                                                                                                    section.
                                            limitations commensurate with the                          (c) An applicant who currently holds               the phrase ‘‘license or endorsement’’
                                            experience of the applicant, with                       a deck officer license or MMC                         appears, insert the word ‘‘MMC’’ before
                                            respect to class or type of vessel,                     endorsement seeking an endorsement as                 the word ‘‘endorsement’’; and
                                            tonnage, route, and waters.                                                                                      b. In paragraph (b), after the words ‘‘of
                                                                                                    first-class pilot for a particular route
                                               (d) A license or MMC endorsement                                                                           the renewed’’ remove the words
                                                                                                    shall furnish evidence of having
                                            issued for service as a master, mate, or                                                                      ‘‘license or’’.
                                                                                                    completed the number of round trips
                                            operator of uninspected towing vessels                  over the route, specified by the Officer              § 11.803   [Removed and Reserved]
                                            authorizes service as a pilot under the                 In Charge, Marine Inspection, within the                200. Remove and reserve newly
                                            provisions of § 15.812 of this                          range limitations of this paragraph, for              redesignated § 11.803.
                                            subchapter. Therefore, first-class pilot                the particular grade of existing license                201. Revise newly redesignated
                                            endorsements will not be issued with                    or MMC endorsement held. The range of                 § 11.805 to read as follows:
                                            tonnage limitations of 1600 gross tons or               round trips for an endorsement is a
                                            less.                                                   minimum of eight round trips and a                    § 11.805   General requirements.
                                               194. In newly redesignated § 11.703—                 maximum of 15 round trips.                               (a) The applicant for an endorsement
                                               a. Revise paragraphs (a) and (c) to                                                                        as staff officer is not required to take any
                                                                                                    *      *     *     *     *
                                            read as set out below; and                                 196. Revise newly redesignated                     examination; however, the applicant
                                               b. In paragraph (d), after the words                                                                       shall present to the Officer in Charge,
                                                                                                    § 11.707 to read as follows:
                                            ‘‘holding a license’’, add the words ‘‘or                                                                     Marine Inspection a letter justifying the
                                            MMC endorsement’’:                                      § 11.707   Examination requirements.                  need for the endorsement.
                                            § 11.703   Service requirements.                           (a) An applicant for an endorsement                   (b) [Reserved]
                                                                                                    as first class pilot, except as noted in                 (c) An applicant for a higher grade in
                                               (a) The minimum service required to                                                                        the staff department shall apply in the
                                                                                                    paragraph (b) of this section, is required
                                            qualify an applicant for an endorsement                                                                       same manner as for an original
                                                                                                    to pass the examination described in
                                            as first-class pilot is predicated upon the                                                                   endorsement and shall surrender the
                                                                                                    subpart I of this part.
                                            nature of the waters for which pilotage                    (b) An applicant for an extension of               previous Coast Guard issued credentials
                                            is desired.                                             route, or an applicant holding a license              upon issuance of the new MMC. A staff
                                            *      *     *     *     *                              or MMC endorsement as master or mate                  officer may serve in a lower grade of
                                               (c) Completion of a course of pilot                  authorized to serve on vessels of over                service for which he or she is registered.
                                            training approved by the National                       1,600 gross tons seeking an endorsement                  (d) Title 46 U.S.C. 8302 addresses
                                            Maritime Center, under subpart C of this                as first class pilot, is required to pass             uniforms for staff officers who are
                                            part may be substituted for a portion of                those portions of the examination                     members of the Naval Reserve.
                                            the service requirements of this section                described in subpart I of this part that                 (e) A duplicate MMC may be issued
                                            in accordance with § 11.304.                            concern the specific route for which                  by the Officer in Charge, Marine
                                            Additionally, round trips made during                   endorsement is sought.                                Inspection. (See § 10.229.)
                                            this training may apply toward the route                   197. In newly redesignated                            (f) An MMC is valid for a term of five
                                            familiarization requirements of § 11.705.               § 11.709——                                            years from the date of issuance.
                                            An individual using substituted service                    a. In paragraph (c), remove the words              Procedures for renewing endorsements
                                            must have at least nine months of                       ‘‘§ 10.205 (d)’’ and add, in their place,             are found in § 10.227. .
                                            shipboard service.                                      ‘‘§ 10.215’’;                                            (g) Each applicant for an original or a
                                            *      *     *     *     *                                 b. In paragraph (d), wherever the                  higher grade of endorsement, as
                                               195. In newly redesignated § 11.705,                 phrase ‘‘license or endorsement’’                     described by paragraph (c) of this
                                            revise paragraphs (b) and (c) to read as                appears, insert the word ‘‘MMC’’ before               section, shall produce evidence of
                                            follows:                                                the word ‘‘endorsement’’; and                         having passed a chemical test for
                                                                                                       c. Revise paragraph (b) to read as                 dangerous drugs or of qualifying for an
                                            §   Route familiarization requirements.                 follows:                                              exception from testing in § 16.220 of
                                            *     *    *     *     *                                                                                      this subchapter. An applicant who fails
                                              (b) An applicant holding no other                     § 11.709 Annual physical examination                  a chemical test for dangerous drugs will
                                            deck officer endorsement seeking an                     requirements.
                                                                                                                                                          not be issued an MMC.
sroberts on PROD1PC70 with PROPOSALS




                                            endorsement as first-class pilot shall                  *     *    *     *    *                                  202. In newly redesignated § 11.807—
                                            furnish evidence of having completed a                    (b) Every person holding a license or                  a. In paragraph (a) introductory text,
                                            minimum number of round trips, while                    MMC endorsement as first-class pilot                  after the words ‘‘The applicant for’’
                                            serving as quartermaster, wheelsman,                    shall have a thorough physical                        remove the words ‘‘a certificate of
                                            able seaman, apprentice pilot, or in an                 examination each year.                                registry’’ and add, in their place, the
                                            equivalent capacity, standing regular                   *     *    *     *    *                               words ‘‘an endorsement’’;


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                              29523

                                               b. In paragraph (c), after the words                 § 11.903   [Amended]                                    b. Redesignate Table 10.920–1 as
                                            ‘‘an applicant for’’ remove the words ‘‘a                  205. In newly redesignated § 11.903—               Table 11.920–1 and revise it to read as
                                            certificate of registry’’ and add, in their                a. In the section heading, remove the              set out below; and
                                            place, the words ‘‘an endorsement’’;                    word ‘‘Licenses’’ and add, in its place,                c. Redesignate Table 10.920–2 as
                                               c. In paragraph (d), after the words                 the word ‘‘Endorsements’’;                            Table 11.920–2 and in the first column
                                            ‘‘an applicant for’’ remove the words ‘‘a                  b. In paragraph (a) introductory text,             entitled ‘‘Examination topics’’, on line
                                            certificate of registry’’ and add, in their             remove the word ‘‘licenses’’ and add, in              138, remove the words ‘‘Licensing and
                                            place, the words ‘‘an endorsement’’, and                its place, the word ‘‘endorsements’’;                 certification’’ and add, in their place,
                                            after the words ‘‘may issue the’’ remove                   c. In paragraph (b) introductory text,             the word ‘‘Credentialing’’:
                                            the words ‘‘certificate of registry’’ and               remove the word ‘‘licenses’’ and add, in
                                                                                                                                                          § 11.920 Subjects for MODU
                                            add, in their place, the word ‘‘MMC’’;                  its place, the word ‘‘endorsements’’;
                                                                                                                                                          endorsements.
                                               d. Add new paragraphs (a)(7) and (8)                    d. In paragraphs (b)(2) and (3), remove
                                            to read as follows:                                     the word ‘‘license’’;                                   Table 11.920–1 gives the codes used
                                                                                                       e. In paragraph (c) introductory text,             in Table 11.920–2 for MODU
                                            § 11.807 Experience requirements for                    remove the word ‘‘licenses’’ and add, in              endorsements. Table 11.920–2 indicates
                                            registry.                                                                                                     the examination subjects for each
                                                                                                    its place, the word ‘‘endorsements’’, and
                                              (a) * * *                                             remove the number ‘‘10’’ and add, in its              endorsement by the code number.
                                            *     *     *     *     *                               place, the number ‘‘11’’;                               Table 11.920–1 Codes for MODU
                                              (7) Marine physician assistant.                          f. In paragraph (d), remove the words              Endorsements
                                            Successful completion of an accredited                  ‘‘a license’’ and add, in their place, the            *     *     *    *    *
                                            course of instruction for a physician’s                 words ‘‘an endorsement’’ and remove                     208. In newly redesignated § 11.950,
                                            assistant or nurse practitioner program.                the number ‘‘10’’ wherever it appears                 revise the section heading and
                                              (8) Hospital corpsman. A rating of at                 and add, in its place, the number ‘‘11’’;             redesignate Table 10.950 as Table
                                            least hospital corpsman or health                       and                                                   11.950 and revise the heading to read as
                                            services technician, first class in the                    g. Redesigante Table 10.903–1 as                   follows:
                                            U.S. Navy, U.S. Coast Guard, U.S.                       Table 11.903(c).                                      § 11.950 Subjects for engineer
                                            Marine Corps, or an equivalent rating in                   206. In newly redesignated § 11.910—               endorsements.
                                            the U.S. Army (not less than staff                         a. Revise the section heading and
                                            sergeant, Medical Department, U.S.A.),                                                                          Table 11.950 Subjects for Engineer
                                                                                                    introductory text as set out below;
                                            or in the U.S. Air Force (not less than                    b. Redesignate Table 10.910–1 as                   Endorsements
                                            technical sergeant, Medical Department,                 Table 11.910–1 and revise the heading                 *     *    *     *     *
                                            U.S.A.F.), and a period of satisfactory                 and subheading to read as set out below;                209. Revise newly redesignated
                                            service of at least one month in a                      and                                                   § 11.1005 to read as follows:
                                            military hospital or U.S. Public Health                    c. In Table 10.910–2—                              § 11.1005   General requirements for
                                            Service Hospital.                                          i. Redesignate Table 10.910–2 as                   officers.
                                            *     *     *     *     *                               Table 11.910–2;                                          To serve on a Ro-Ro passenger ship
                                                                                                       ii. In the subheading for newly                    after January 31, 1997, a person
                                            § 11.809   [Removed and Reserved]                       redesignated Table 11.910–2, remove                   endorsed as master, chief mate, mate,
                                               203. Remove and reserve newly                        the word ‘‘License’’ and add, in its                  chief engineer, or engineer shall meet
                                            redesignated § 11.809.                                  place, the word ‘‘Endorsement’’;                      the appropriate requirements of STCW
                                               204. In newly redesignated § 11.901—                    iii. In the first column entitled
                                                                                                                                                          Regulation V/2 and Section A–V/2 of
                                               a. In paragraph (a), remove the word                 ‘‘Examination topics’’, on line 182,
                                                                                                                                                          the STCW Code (incorporated by
                                            ‘‘license’’ and add, in its place, the word             remove the words ‘‘Licensing &
                                                                                                                                                          reference in § 11.102) and shall hold
                                            ‘‘endorsement’’, and remove the number                  Certification’’ and add, in their place,
                                                                                                                                                          documentary evidence to show his or
                                            ‘‘10’’ and add, in its place, the number                the word ‘‘Credentialing’’;
                                                                                                                                                          her meeting these requirements.
                                            ‘‘11’’;                                                    iv. In footnotes 6 and 7, remove the                  210. Revise newly redesignated
                                               b. In paragraph (b) introductory text,               word ‘‘licenses’’ wherever it may                     § 11.1105 introductory text and
                                            remove the word ‘‘license’’ and add, in                 appear, and add, in its place, the words              paragraph (a) to read as follows:
                                            its place, the word ‘‘endorsement’’;                    ‘‘officer endorsements’’; and
                                               c. In paragraph (b)(2), remove the                      v. In footnote 8, remove the word                  § 11.1105 General requirements for
                                            word ‘‘licenses’’ and add, in its place,                ‘‘licenses’’:                                         officer’s endorsements.
                                            the word ‘‘endorsements’’;                                                                                       If you are a master, mate, chief mate,
                                               d. In paragraph (c) introductory text,               § 11.910 Subjects for deck officer
                                                                                                    endorsements.
                                                                                                                                                          engineer, or chief engineer, then, before
                                            remove the number ‘‘10’’ wherever it                                                                          you may serve on a passenger ship, you
                                            appears and add, in its place, the                         Table 11.910–1 gives the codes used                must—
                                            number ‘‘11’’; and                                      in table 11.910–2 for all deck officers.                 (a) Meet the appropriate requirements
                                               e. Revise paragraph (b)(1) to read as                Table 11.910–2 indicates the                          of the STCW Regulation V/3 and of
                                            follows:                                                examination subjects for each                         section A–V/3 of the STCW Code
                                                                                                    endorsement, by code number. Figures                  (incorporated by reference in § 11.102);
                                            § 11.901   General provisions.                          in the body of the table, in place of the             and
                                            *     *      *    *    *                                letter ‘‘x’’, refer to notes.
                                              (b) * * *                                                Table 11.910-1 Codes for Deck Officer              *      *    *     *     *
                                              (1) MMCs endorsed for restricted                      Endorsements                                          PART 12—CERTIFICATION OF
sroberts on PROD1PC70 with PROPOSALS




                                            routes for reduced service (master or                      Deck Officer Endorsements:                         SEAMEN
                                            mate of vessels of not more than 200                    *      *      *      *    *
                                            gross tons, operator of uninspected                        207. In newly redesignated § 11.920—                  211. The authority citation for part 12
                                            passenger vessels or master or mate                        a. Revise the section heading and                  is revised to read as follows:
                                            (pilot) of towing vessels); or                          introductory text to read as set out                    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,
                                            *     *      *    *    *                                below;                                                2103, 2110, 7301, 7302, 7503, 7505, 7701,



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                                            29524                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            and 70105; Department of Homeland                       § 12.02–4    [Removed and Reserved]                      g. In paragraph (e), remove the words
                                            Security Delegation No. 0170.1.                                                                               ‘‘After January 31, 2002, each’’ and add,
                                                                                                      217. Remove and reserve § 12.02–4.
                                                                                                                                                          in their place, the word ‘‘Each’’; and
                                            § 12.01–1   [Amended]                                   § 12.02–5    [Removed and Reserved]                      h. In paragraph (f), remove the words
                                               212. In § 12.01–1—                                     218. Remove and reserve § 12.02–5.                  ‘‘no unlicensed person’’ and add, in
                                               a. In paragraph (a)(2), after the words                                                                    their place, the words ‘‘no person
                                            ‘‘and to receive the’’, remove the words                § 12.02–7    [Amended]                                subject to this part’’.
                                            ‘‘certificate or’’; and                                    219. In § 12.02–7—                                 § 12.02–9    [Removed and Reserved]
                                               b. Remove paragraphs (a)(3) and (c).                    a. In paragraph (a), remove the words                220. Remove and reserve § 12.02–9.
                                               213. Revise § 12.01–3 to read as                     ‘‘shall be issued, at the option of the
                                            follows:                                                seaman, a continuous discharge book, a                § 12.02–10    [Removed and Reserved]
                                                                                                    certificate of identification, or merchant              221. Remove and reserve § 12.02–10.
                                            § 12.01–3   Incorporation by reference.
                                                                                                    mariner’s document representing such                    222. Revise § 12.02–11 to read as
                                               (a) Certain material is incorporated by              certificate of identification which shall             follows:
                                            reference into this part with the                       be retained by him. This book or
                                            approval of the Director of the Federal                 certificate of identification or merchant             § 12.02–11 General provisions respecting
                                            Register under 5 U.S.C. 552(a) and 1                    mariner’s document will bear a number,                rating endorsements.
                                            CFR part 51. To enforce any edition                     and this same number shall be shown                      (a)(1) An MMC with a deck officer
                                            other than that specified in this section,              on all certificates of service or efficiency          endorsement will also be endorsed for
                                            the Coast Guard must publish notice of                  issued to the holder of the book or                   ‘‘any rating in the deck department,
                                            change in the Federal Register and the                  certificate or document.’’ and add, in                except able seaman’’, and will authorize
                                            material must be available to the public.               their place, the words ‘‘must carry a                 the holder to serve in any rating
                                            All approved material is available for                  valid Merchant Mariner Credential                     capacity in the deck department, except
                                            inspection at the National Archives and                 (MMC) or Merchant Mariner Document                    able seaman. If a deck officer qualifies
                                            Records Administration (NARA). For                      (MMD) with all appropriate rating                     as able seaman, the MMC will be
                                            information on the availability of this                 endorsements for the position served                  endorsed, ‘‘any rating in the deck
                                            material at NARA, call 202–741–6030 or                  and a valid Transportation Worker                     department, including able seaman’’,
                                            go to http://www.archives.gov/                          Identification Credential (TWIC).’’;                  and such endorsement will be deemed
                                            federal_register/                                          b. In paragraph (b), remove the words              to include an endorsement as
                                            code_of_federal_regulations/                            ‘‘continuous discharge book or                        lifeboatman.
                                            ibr_locations.html. Also, it is available               certificate of identification or merchant                (2) An MMC issued to an engineer
                                            for inspection at the Coast Guard, Office               mariner’s document representing such a                officer endorsed for inspected vessels of
                                            of Operating and Environmental                          certificate’’ and add, in their place, the            over 2,000 horsepower will be endorsed
                                            Standards (G–PSO), 2100 Second Street                   words ‘‘valid MMC or MMD with all                     for ‘‘any rating in the engine
                                            SW., Washington, DC 20593–0001, and                     applicable rating endorsements for the                department’’, and will authorize the
                                            is available from the sources indicated                 position sought and a valid TWIC’’; and               holder to serve in any rating capacity in
                                            in this section.                                        after the words ‘‘before a shipping                   the engine department. If an engineer
                                               (b) International Maritime                           commissioner’’ and after the words                    officer qualifies as a lifeboatman, the
                                            Organization (IMO), 4 Albert                            ‘‘who do not possess’’, remove the                    further endorsement, ‘‘lifeboatman’’,
                                            Embankment, London, SE1 7SR,                            words ‘‘one of these documents’’ and                  will be placed on the MMC.
                                            England.                                                add, in their places, the words ‘‘these                  (b) The authorized holder of any valid
                                               (1) The International Convention on                  credentials’’;                                        rating endorsement may serve in any
                                            Standards of Training, Certification and                                                                      capacity in the staff department of a
                                                                                                       c. In paragraph (c)(1), remove the
                                            Watchkeeping for Seafarers, 1978, as                                                                          vessel, except in those capacities
                                                                                                    words ‘‘licensed officer and registered
                                            amended (the STCW Convention or the                                                                           requiring a staff officer; except that,
                                                                                                    staff officer, shall possess a valid
                                            STCW) , incorporation by reference                                                                            whenever the service includes the
                                                                                                    certificate of service, or merchant
                                            approved for § § 12.01–1, 12.02–7,                                                                            handling of food, no person may be so
                                                                                                    mariner’s document representing such
                                            12.02–11, 12.03–1, 12.05–3, 12.05–7,                                                                          employed unless his or her credential
                                                                                                    certificate, issued by an Officer in
                                            12.05–11, 12.10–3; 12.10–5, 12.10–7,                                                                          bears the food handler’s endorsement
                                                                                                    Charge, Marine Inspection’’ and add, in
                                            12.10–9, 12.15–3, 12.15–7, 12.25–45,                                                                          ‘‘(F.H.)’’.
                                                                                                    their place, the words ‘‘officer and staff
                                            12.30–5, and 12.35–5.                                                                                            (c) A rating endorsement as able
                                                                                                    officer, must possess a valid MMC or
                                               (2) The Seafarers’ Training,                                                                               seaman or as lifeboatman must
                                                                                                    MMD with all appropriate
                                            Certification and Watchkeeping Code                                                                           authorize service as lifeboatman.
                                                                                                    endorsements for the position served’’;
                                            (the STCW Code), incorporation by                                                                                (d) When a rating endorsement is
                                                                                                       d. In paragraphs (c)(2) and (c)(3),                issued, renewed, or endorsed, the
                                            reference approved for § § 12.01–1,                     remove the words ‘‘certificate of service
                                            12.02–7, 12.02–11, 12.03–1, 12.05–3,                                                                          Officer in Charge, Marine Inspection,
                                                                                                    or efficiency is’’, wherever they appear,             will determine whether the holder of
                                            12.05–7, 12.05–11, 12.10–3, 12.10–5,                    and add, in their place, the words
                                            12.10–7, 12.10–9, 12.15–3, 12.15–7,                                                                           the credential is required to hold an
                                                                                                    ‘‘endorsements are’’;                                 STCW endorsement for service on a
                                            12.25–45, 12.30–5, and 12.35–5.
                                                                                                       e. In paragraph (c)(3), after the words            seagoing vessel, and then, if the holder
                                            § 12.01–6   [Removed and Reserved]                      ‘‘below the rank of’’, remove the word                is qualified, the Officer in Charge,
                                               214. Remove and reserve § 12.01–6.                   ‘‘licensed’’;                                         Marine Inspection will issue the
sroberts on PROD1PC70 with PROPOSALS




                                                                                                       f. In paragraph (d), remove the words              appropriate endorsement. The Officer in
                                            § 12.01–7   [Removed and Reserved]                      ‘‘After January 31, 1997, each’’ and add,             Charge, Marine Inspection, will also
                                               215. Remove and reserve § 12.01–7.                   in their place, the word ‘‘Each’’; and                issue an STCW endorsement at other
                                                                                                    remove the word ‘‘tons’’ and add, in its              times, if circumstances so require and if
                                            § 12.02–3   [Removed and Reserved]                      place, the words ‘‘tonnage (200 gross                 the holder of the document is qualified
                                               216. Remove and reserve § 12.02–3.                   register tons)’’;                                     to hold the endorsement. The Officer in


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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                             29525

                                            Charge, Marine Inspection, will issue an                 § § 12.02–18 through 12.02–27            [Removed      certificate as able seaman endorsed’’
                                            STCW endorsement for the following                       and Reserved]                                          and add, in their place, the words
                                            ratings:                                                   228. Remove and reserve § § 12.02–18                 ‘‘holds a valid MMC or MMD endorsed
                                               (1) A rating forming part of a                        through 12.02–27.                                      as able seaman’’; and after the words
                                            navigational watch on a seagoing ship of                                                                        ‘‘service to qualify for’’, remove the
                                                                                                     § 12.03–1    [Amended]
                                            500 GT or more if the holder of the                                                                             word ‘‘a certificate as able seaman
                                            credential is qualified in according to                     229. In § 12.03–1—                                  endorsed’’ and add, in their place, the
                                                                                                        a. In paragraph (a) introductory text,              words ‘‘an endorsement as able
                                            STCW Regulation II/4 of the STCW
                                                                                                     after the words ‘‘part 10 of this’’, remove            seaman’’; after the words ‘‘issued a
                                            Code (Incorporated by reference, see
                                                                                                     the word ‘‘chapter’’, and add, in its                  new’’, remove the word ‘‘document’’
                                            § 12.01–3.), to perform the navigational
                                                                                                     place, the word ‘‘subchapter’’; remove                 and add, in its place, the word ‘‘MMC’’;
                                            function at the support level.
                                                                                                     the text ‘‘§ 10.302’’ and add, in its place,           after the words ‘‘for cancellation the’’
                                               (2) A rating forming part of a watch                  the text ‘‘§ 11.302’’; after the words
                                            in a manned engineroom, or designated                                                                           remove the word ‘‘document’’ and add,
                                                                                                     ‘‘used to qualify’’ add the words ‘‘an                 in its place, the word ‘‘credential’’;
                                            to perform duties in a periodically                      applicant’’; after the words ‘‘hold an
                                            unmanned engineroom, on a seagoing                                                                              remove the words ‘‘by a medical officer
                                                                                                     STCW’’, remove the words ‘‘certificate                 of the Public Health Service’’; and after
                                            ship driven by main propulsion                           or endorsement’’, and add, in their
                                            machinery of 750 kW (1,000 hp) of                                                                               the words ‘‘determine his competency’’,
                                                                                                     place, the words ‘‘or rating’’; and                    add the words ‘‘as set forth in § 10.215
                                            propulsion power or more, if the holder                  remove the words ‘‘for service on or
                                            is qualified in according to STCW                                                                               of this chapter’’.
                                                                                                     after February 1, 2002,’’;
                                            Regulation III/4 and Section A–iii/4 of                     b. In paragraph (a)(3)(iii), remove the             § 12.05–11   [Amended]
                                            the STCW Code, to perform the marine-                    words ‘‘license, endorsement,’’ and add,                  234. In § 12.05–11—
                                            engineering function at the support                      in their place, the words ‘‘Coast Guard                   a. In the section heading, remove the
                                            level.                                                   credential’’;                                          words ‘‘merchant mariner’s document
                                               (e) At the request of the holder of the                  c. In paragraph (a)(4), remove the                  endorsed’’ and add, in their place, the
                                            document, the Officer in Charge, Marine                  words ‘‘a maritime license or                          word ‘‘endorsements’’;
                                            Inspection, may add an endorsement to                    document’’ and add, in their place, the                   b. In paragraph (a), remove the words
                                            indicate that a qualified holder has                     words ‘‘Coast Guard credential’’;                      ‘‘a merchant mariner’s document’’ and
                                            received basic safety-training or                           d. In paragraph (b), after the words                add, in their place, the words ‘‘an MMC
                                            instruction required under Chapter VI of                 ‘‘training necessary for’’, remove the                 or MMD’’; remove the word
                                            STCW.                                                    word ‘‘licenses’’ and add, in its place,               ‘‘unlicensed’’; and after the words
                                                                                                     the words ‘‘both officer’’;                            ‘‘when serving’’, remove the words ‘‘in
                                            § 12.02–12       [Removed and Reserved]                     e. In paragraph (c) introductory text,              as a ‘‘rating forming part of a
                                               223. Remove and reserve § 12.02–12.                   before the words ‘‘particular training                 navigational watch’’ ’’ and add, in their
                                                                                                     does’’, add the word ‘‘the’’; and                      place, the words ‘‘as a rating forming
                                            § 12.02–13       [Removed and Reserved]
                                                                                                        f. In paragraph (c)(2), remove the                  part of a navigational watch (RFPNW)’’;
                                               224. Remove and reserve § 12.02–13.                   words ‘‘Commanding Officer,’’; and                     and
                                            § 12.02–14       [Removed and Reserved]
                                                                                                     after the words ‘‘National Maritime                       c. In paragraph (b), remove the words
                                                                                                     Center’’, add the text ‘‘(NMC)’’.                      ‘‘A merchant mariner’s document’’ and
                                               225. Remove and reserve § 12.02–14.
                                                                                                     § 12.05–1    [Amended]                                 add, in their place, the words ‘‘An MMC
                                            § 12.02–15       [Removed and Reserved]
                                                                                                       230. In paragraph (a), remove the                    or MMD’’; remove the words ‘‘a
                                               226. Remove and reserve § 12.02–15.                   words ‘‘employed in a rating’’ and add,                certificate of efficiency’’ and add, in
                                                                                                     in their place, the words ‘‘serving under              their place, the words ‘‘an
                                            § 12.02–17       [Amended]                                                                                      endorsement’’; and remove the words
                                                                                                     the authority of a rating endorsement’’;
                                               227. In § 12.02–17—                                   and remove the words ‘‘a merchant                      ‘‘without further endorsement’’.
                                               a. In the section heading, remove the                 mariner’s document’’ and add, in their                 § 12.10–1    [Amended]
                                            words ‘‘Preparation and issuance of                      place, the words ‘‘an MMC or MMD
                                            documents’’ and add, in their place, the                                                                           235. In § 12.10–1—
                                                                                                     endorsement’’.                                            a. In the section heading, remove the
                                            words ‘‘Examination procedures and
                                                                                                                                                            word ‘‘Certification’’ and add, in its
                                            denial of rating endorsements.’’;                        § 12.05–3    [Amended]
                                                                                                                                                            place, the word ‘‘Credentials’’; and
                                               b. In paragraph (a), remove the words                   231. In § 12.05–3—                                      b. In the text, remove the words
                                            ‘‘of a person for a merchant mariner’s                     a. In paragraph (a)(2), remove the
                                                                                                                                                            ‘‘employed in a rating’’ and add, in their
                                            document’’ and add, in their place, the                  word ‘‘examination’’ and add, in its
                                                                                                                                                            place, the words ‘‘serving under the
                                            words ‘‘for a rating endorsement’’;                      place, the words ‘‘and medical
                                                                                                                                                            authority of a rating endorsement’’;
                                               c. Remove paragraphs (b), (c), (d), (e),              examination in § 10.215 of this
                                                                                                                                                            remove the words ‘‘certificated
                                            and (h);                                                 subchapter’’; and
                                                                                                       b. In paragraph (b) introductory text,               lifeboatmen shall produce a certificate
                                               d. Redesignate paragraph (f) as                                                                              as lifeboatman or merchant mariner’s
                                            paragraph (b) and remove the words                       remove the words ‘‘valid for any period
                                                                                                     on or after February 1, 2002,’’.                       document’’ and add, in their place, the
                                            ‘‘certificate of service or efficiency’’ and                                                                    words ‘‘lifeboatmen must produce an
                                            add, in their place, the words ‘‘rating                  § 12.05–7    [Amended]                                 MMC or MMD’’; and remove the words
                                            endorsement’’; and after the words                                                                              ‘‘certificate of efficiency’’ and add, in
                                                                                                       232. In § 12.05–7—
                                            ‘‘examined and refused’’, remove the                       a. In paragraph (a) introductory text,               their place, the word ‘‘endorsement’’.
                                            words ‘‘a certificate’’ and add, in their
sroberts on PROD1PC70 with PROPOSALS




                                                                                                     before the words ‘‘able seaman’’ add the
                                            place, the words ‘‘the endorsement’’;                    words ‘‘endorsement as’’; and                          § 12.10–3    [Amended]
                                            and                                                        b. Remove paragraphs (c), (d), and (e).                236. In § 12.10–3—
                                               e. Redesignate paragraph (g) as                                                                                a. In paragraph (a) introductory text,
                                            paragraph (c), and remove the word                       § 12.05–9    [Amended]                                 remove the word ‘‘certification’’ and
                                            ‘‘certificate’’ and add, in its place, the                233. In paragraph (e), remove the                     add, in its place, the words ‘‘an
                                            words ‘‘rating endorsement’’.                            words ‘‘is in valid possession of a                    endorsement’’;


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                                            29526                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                               b. In paragraph (a)(5), after the words                 a. In the section heading, remove the                 c. In paragraph (c), after the words
                                            ‘‘training vessel’’, remove the word                    word ‘‘Certification’’ and add, in its                ‘‘qualified rating’’, add the words ‘‘in
                                            ‘‘and’’ and add, in its place, the word                 place, the word ‘‘Credentials’’;                      the engineer department’’.
                                            ‘‘or’’;                                                    b. In paragraph (a), remove the words
                                               c. In paragraph (b), remove the word                                                                       § 12.15–9    [Amended]
                                                                                                    ‘‘employed in a rating’’ and add, in their
                                            ‘‘certification’’ and add, in its place, the            place, the words ‘‘serving under the                     245. In § 12.15–9—
                                            words ‘‘an endorsement’’; and                           authority of a rating endorsement’’ and                  a. In paragraph (a), remove the word
                                               d. In paragraph (c), remove the word                 after the words ‘‘vessel requiring’’                  ‘‘certification’’ and add, in its place, the
                                            ‘‘certified’’ and add, in its place, the                remove the word ‘‘certificated’’ and after            word ‘‘endorsement’’;
                                            words ‘‘eligible for an endorsement’’.                  the words ‘‘shall produce’’ remove the                   b. In paragraph (c), remove the word
                                                                                                    words ‘‘a certificate’’ and add, in their             ‘‘certification’’ and add, in its place, the
                                            § 12.10–5   [Amended]                                                                                         words ‘‘an endorsement’’; and
                                                                                                    place, the words ‘‘an endorsement’’; and
                                               237. In § 12.10–5—                                                                                            c. In paragraph (d), remove the word
                                               a. In paragraph (a) introductory text,                  c. In paragraph (b), remove the word
                                                                                                    ‘‘certificate’’ and add, in its place, the            ‘‘certification’’ and add, in its place, the
                                            remove the word ‘‘certified’’ and add, in                                                                     words ‘‘an endorsement’’.
                                            its place, the words ‘‘issued an                        word ‘‘endorsement’’.
                                            endorsement’’; and                                      § 12.15–3    [Amended]                                § 12.15–11   [Amended]
                                               b. In paragraph (d), remove the words                                                                        246. In § 12.15–11—
                                            ‘‘After July 31, 1998, each’’ and add, in                  242. In § 12.15–3—
                                                                                                                                                            a. In the section heading, remove the
                                            their place, the word ‘‘Each’’ and                         a. In paragraph (a), after the words
                                                                                                                                                          words ‘‘merchant mariner’s documents
                                            remove the words ‘‘certificate endorsed                 ‘‘any person below’’, remove the words
                                                                                                                                                          endorsed’’ and add, in their place, the
                                            for’’ and add, in their place, the words                ‘‘the rating of licensed’’; and after the
                                                                                                                                                          words ‘‘an endorsement’’; and
                                            ‘‘endorsement with an STCW                              words ‘‘who holds’’, remove the words
                                                                                                                                                            b. In the introductory text, after the
                                            endorsement for’’.                                      ‘‘a certificate of service as such’’ and
                                                                                                                                                          words ‘‘The holder of’’, remove the
                                                                                                    add, in their place, the words ‘‘an MMC
                                                                                                                                                          words ‘‘a merchant mariner’s document
                                            § 12.10–7   [Amended]                                   or MMD endorsed as’’; and, after the
                                                                                                                                                          endorsed’’, and add, in their place, the
                                               238. In § 12.10–7—                                   words ‘‘Coast Guard’’, remove the words
                                                                                                                                                          words ‘‘an endorsement’’; after the
                                               a. In the section heading, after the                 ‘‘or predecessor authority’’;
                                                                                                                                                          words ‘‘Each qualified member of the
                                            words ‘‘provisions respecting’’, remove                    b. In paragraph (b), after the words               engine department rating’’, remove the
                                            the words ‘‘merchant mariner’s                          ‘‘considered a rating’’, remove the words             words ‘‘for which a holder of a
                                            documents’’ and add, in their place, the                ‘‘not above that of’’ and add, in their               merchant mariner’s document is
                                            words ‘‘an MMC or MMD’’ ; and                           place, the words ‘‘equal to’’; and after
                                               b. In the introductory text, before the                                                                    qualified must be endorsed separately’’
                                                                                                    the words ‘‘passer or wiper’’, remove the             and add, in their place, the words ‘‘must
                                            words ‘‘endorsed as able seaman’’,                      words ‘‘, but equal thereto’’;
                                            remove the words ‘‘A merchant                                                                                 be a separate endorsement’’; and after
                                                                                                       c. In paragraph (c), remove the word               the words ‘‘all ratings covered by’’,
                                            mariner’s document and’’ and add, in                    ‘‘certification’’ and add, in its place, the
                                            their place, the words ‘‘An MMC or                                                                            remove the words ‘‘a certificate as a
                                                                                                    words ‘‘an endorsement’’;                             qualified member of the engine
                                            MMD’’; and after the words ‘‘equivalent                    d. In paragraph (d) introductory text,
                                            of’’, remove the words ‘‘a certificate as                                                                     department, the certification’’ and add,
                                                                                                    remove the words ‘‘After July 31, 1998,               in their place, the words ‘‘an
                                            lifeboatman or of’’; after the words ‘‘will             an’’ and add, in their place, the word
                                            be accepted’’ remove the words ‘‘as                                                                           endorsement as a QMED, the
                                                                                                    ‘‘An’’; and remove the word                           endorsement’’.
                                            either of these wherever either is’’ and                ‘‘certification’’ and add, in its place, the
                                            add, in their place, the words ‘‘wherever               word ‘‘endorsement’’; and                             § 12.15–13   [Amended]
                                            a lifeboatman is’’; after the words ‘‘that,                e. In paragraph (e), remove the words                 247. In § 12.15–13—
                                            when’’, remove the words ‘‘the holder                   ‘‘After July 31, 1998, an’’ and add, in                  a. In paragraph (a) introductory text,
                                            documented as’’; and remove the word                    their place, the word ‘‘An’’; and remove              remove the words ‘‘a certificate’’, and
                                            ‘‘certified’’ and add, in its place, the                the word ‘‘certification’’ and add, in its            add, in their place, the words ‘‘an
                                            word ‘‘endorsed’’.                                      place, the word ‘‘endorsement’’.                      endorsement’’; and remove the words ‘‘a
                                               239. In § 12.10–9, revise the heading,                                                                     merchant mariner’s document’’, and
                                                                                                       243. Revise § 12.15–5 to read as
                                            paragraph (a) and paragraph (b)                                                                               add, in their place, the words ‘‘an MMC
                                                                                                    follows:
                                            introductory text to read as follows:                                                                         or MMD’’;
                                                                                                    § 12.15–5 Physical and medical                           b. In paragraph (b), remove the words
                                            § 12.10–9 Endorsement for proficiency in                requirements.
                                            fast rescue boats.                                                                                            ‘‘merchant mariner’s document’’, and
                                              (a) Each person engaged or employed                     The physical and medical                            add, in their place, the word ‘‘MMC’’;
                                            as a lifeboatman proficient in fast rescue              requirements for an endorsement as                    and
                                            boats must hold an appropriately                        QMED are found in part 10 of this                        c. In paragraph (c), remove the words
                                            endorsed MMC or MMD.                                    chapter.                                              ‘‘a merchant mariner’s document’’, and
                                              (b) To be eligible for an MMC                         § 12.15–7    [Amended]
                                                                                                                                                          add, in their place, the words ‘‘an MMC
                                            endorsed for proficiency in fast rescue                                                                       or MMD’’; remove the word
                                                                                                       244. In § 12.15–7—                                 ‘‘unlicensed’’; and after the words
                                            boats, an applicant must—
                                                                                                       a. In paragraph (a), after the words               ‘‘entered on his’’, remove the word
                                            *      *    *     *     *                               ‘‘applicant for’’, remove the words ‘‘a               ‘‘document’’ and add, in its place, the
                                            § 12.13–3   [Amended]                                   certificate of service’’ and add, in their            words ‘‘or her credential’’.
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                                              240. In § 12.13–3 text, remove the                    place, the words ‘‘an endorsement’’;
                                                                                                       b. In paragraph (b)(1), after the words            § 12.15–15   [Amended]
                                            words ‘‘license or document’’ and add,
                                            in their place, the word ‘‘MMC’’.                       ‘‘graduate of a school ship may’’,                      248. In § 12.15–15—
                                                                                                    remove the words ‘‘be rated’’ and add,                  a. In paragraph (a) introductory text,
                                            § 12.15–1   [Amended]                                   in their place, the words ‘‘qualify for a             remove the words ‘‘a certificate’’, and
                                               241. In § 12.15–1—                                   rating endorsement’’; and                             add, in their place, the words ‘‘an


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                                                                        Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                               29527

                                            endorsement’’; remove the words ‘‘a                       § 12.25–25 Members of Merchant Marine                    a. In the introductory text, remove the
                                            merchant mariner’s document’’, and                        Cadet Corp.                                           words ‘‘If you are an unlicensed person
                                            add, in their place, the words ‘‘an MMC                      No ratings other than cadet (deck) or              then before you’’ and add, in their place,
                                            or MMD’’; and remove the word                             cadet (engine), as appropriate, and                   the words ‘‘A mariner with no
                                            ‘‘certification’’ and add, in its place, the              lifeboatman will be shown on an MMC                   endorsements,’’; and remove the words
                                            word ‘‘endorsement’’;                                     issued to a member of the U.S. Merchant               ‘‘you must’’ and add, in their place, the
                                               b. In paragraph (b), remove the words                  Marine Cadet Corps. The MMC will also                 words ‘‘only after meeting the following
                                            ‘‘current merchant mariner’s document                     indicate that it is valid only while the              conditions’’; and
                                            held by the applicant’’, and add, in their                holder is a cadet in the U.S. Maritime                   b. In paragraph (b), remove the words
                                            place, the words ‘‘applicant’s MMC’’;                     Administration training program. The                  ‘‘you do meet’’, and add, in their place,
                                            and                                                       MMC must be surrendered upon the                      the words ‘‘the mariner meets’’.
                                               c. In paragraph (c), remove the words                  holder being endorsed in any other
                                            ‘‘a merchant mariner’s document’’, and                    rating or upon being issued an officer’s              PART 13—CERTIFICATION OF
                                            add, in their place, the words ‘‘an MMC                   endorsement and the rating of cadet                   TANKERMEN
                                            or MMD’’; and remove the word                             (deck) or cadet (engine) will be omitted.
                                                                                                                                                              263. The authority citation for part 13
                                            ‘‘unlicensed’’ and after the words
                                                                                                      § 12.25–30    [Amended]                               continues to read as follows:
                                            ‘‘entered on his’’, remove the word
                                            ‘‘document’’ and add, in its place, the                      253. In § 12.25–30, in the text, remove              Authority: 46 U.S.C. 3703, 7317, 8105,
                                            words ‘‘or her credential’’.                              the words ‘‘merchant mariner’s                        8703, 9102; Department of Homeland
                                                                                                      document’’ and add, in their place, the               Security Delegation No. 0170.1.
                                            § 12.25–1    [Amended]                                    words ‘‘MMC endorsed’’; and remove
                                                                                                                                                            § 13.101   [Amended]
                                               249. In § 12.25–1—                                     the words ‘‘documents or certificates’’
                                               a. In the section heading, remove the                  and add, in their place, the word                        264. In § 13.101, remove the words
                                            word ‘‘Certification’’ and add, in its                    ‘‘endorsements’’.                                     ‘‘to a merchant mariner’s document’’
                                            place, the word ‘‘Credentials’’; and                                                                            and add, in their place, the words ‘‘on
                                                                                                      § 12.25–35    [Amended]                               a merchant mariner credential’’.
                                               b. In the text, remove the word
                                            ‘‘certificated’’ and remove the words ‘‘a                    254. In § 12.35–35—
                                                                                                         a. In paragraph (a), remove the words              § 13.103   [Removed and Reserved]
                                            merchant mariner’s document’’ and add,
                                            in their place, the words ‘‘an MMC or                     ‘‘a merchant mariner’s document’’ and                   265. Remove and reserve § 13.103.
                                            MMD with the appropriate                                  add, in their place, the words ‘‘an                     266. Add new § 13.106 to read as
                                            endorsement’’.                                            endorsement’’; and                                    follows:
                                                                                                         b. In paragraph (b), remove the words
                                               250. Revise § 12.25–10 to read as                                                                            § 13.106   Requirement to hold an MMC.
                                                                                                      ‘‘merchant mariner’s document with’’.
                                            follows:
                                                                                                                                                              An applicant for any endorsement in
                                                                                                      § 12.25–40    [Amended]                               this part must also meet the
                                            § 12.25–10       General requirements.
                                                                                                        255. In § 12.25–40-in the text, remove              requirements for the MMC on which the
                                               (a) Rating endorsements shall be
                                                                                                      the words ‘‘a merchant mariner’s                      endorsement would appear. These
                                            issued without professional
                                                                                                      document’’ and add, in their place, the               requirements are set out in part 10 of
                                            examination to applicants in capacities
                                                                                                      words ‘‘an endorsement’’.                             this chapter.
                                            other than able seaman, lifeboatman,
                                            tankerman, or qualified member of the                     § 12.25–45    [Amended]                               § 13.107   [Amended]
                                            engine department. For example,                             256. In § 12.25–45, in the text, remove
                                            ordinary seaman—wiper—steward’s                                                                                    267. In § 13.107—
                                                                                                      the words ‘‘certificates or’’.                           a. In paragraphs (a), (b), (c), (d), (e),
                                            department (F.H.). Holders of MMCs or
                                            MMDs endorsed as ordinary seaman                          § 12.30–1    [Amended]                                and (f), remove the word ‘‘MMD’’
                                            may serve in any unqualified rating in                      257. In § 12.30–1, in the text, remove              wherever it appears, and add, in its
                                            the deck department. Holders of MMCs                      the words ‘‘certification of’’ and add, in            place, the word ‘‘MMC’’;
                                            or MMDs endorsed as wiper may serve                       their place, the words ‘‘endorsements                    b. In paragraph (a), remove the words
                                            in any unqualified rating in the engine                   for’’.                                                ‘‘engineer’s license’’ and add, in its
                                            department. MMCs or MMDs endorsed                                                                               place, the words ‘‘engineer license or
                                                                                                      § 12.30–3    [Removed and Reserved]                   engineer endorsement’’;
                                            as steward’s department (F.H.) will
                                            authorize the holder’s service in any                       258. Remove and reserve § 12.30–3.                     c. In paragraph (d), place quotation
                                            capacity in the steward’s department.                                                                           marks (‘‘’’) before and after the words
                                                                                                      § 12.30–5    [Amended]
                                            (See § 12.02–11(b) for unqualified                                                                              ‘‘Tankerman-Engineer’’; after the words
                                                                                                        259. In § 12.30–5, in the text, remove              ‘‘No person licensed’’, add the words
                                            ratings in the staff department.)
                                                                                                      the words ‘‘after January 31, 1997,’’; and            ‘‘or credentialed’’; and remove the
                                               (b) When the holder of an
                                                                                                      remove the word ‘‘MMD’’ and add, in its               number ‘‘10’’, and add, in its place, the
                                            endorsement is qualified as a food
                                                                                                      place, the word ‘‘endorsement’’.                      number ‘‘11’’.
                                            handler, the steward’s department
                                            endorsement will be followed by the                       § 12.35–1    [Amended]                                   d. In paragraph (f), remove the text
                                            further endorsement (F.H.).                                 260. In § 12.35–1, in the text, remove              ‘‘10.105’’, and add, in their place, the
                                               251. Revise § 12.25–20 to read as                      the word ‘‘certification’’ and add, in its            text ‘‘10.217’’; and remove the word
                                            follows:                                                  place, the word ‘‘qualification’’; and                ‘‘chapter’’, and add, in its place, the
                                                                                                      remove the word ‘‘§ 12.35–3’’ and add,                word ‘‘title’’.
                                            § 12.25–20 Physical and medical
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                                            requirements.                                             in its place, the words ‘‘part 10’’.                  § 13.109   [Amended]
                                              The physical and medical                                § 12.35–3    [Removed and Reserved]                      268. In § 13.109(c), remove the text
                                            requirements for this subpart are found                     261. Remove and reserve § 12.35–3.                  ‘‘10.105’’ and add, in their place, the
                                            in part 10.                                                                                                     text ‘‘10.217’’; and remove the word
                                              252. Revise § 12.15–25 to read as                       § 12.35–5    [Amended]                                ‘‘MMD’’ and add, in its place, the word
                                            follows:                                                    262. In § 12.35–5—                                  ‘‘MMC’’.


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                                            29528                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 13.111   [Amended]                                    accordance with § 13.125’’ and add, in                medical’’; and remove the words ‘‘in
                                               269. In § 13.111—                                    their place, the words ‘‘according to                 accordance with § 13.125’’ and add, in
                                               a. In the section heading, after the                 § 10.215 of this chapter’’.                           their place, the words ‘‘according to
                                            word ‘‘Restricted’’ add the word                                                                              § 10.215 of this chapter’’.
                                                                                                    § 13.203   [Amended]
                                            ‘‘tankerman’’;
                                               b. In paragraph (a), remove the words                   276. In § 13.203—                                  § 13.503   [Amended]
                                            ‘‘46 CFR 10.105’’ and add, in their                        a. In paragraph (a)(1), after the words              285. In § 13.503—
                                            place, the words ‘‘§ 10.217 of this                     ‘‘service as a’’, remove the word                       a. In paragraph (a)(1), remove the
                                            chapter’’; and                                          ‘‘licensed’’; after the words ‘‘deck officer          words ‘‘a licensed’’ and add, in their
                                               c. In paragraph (d)(3), after the words              or’’, remove the words ‘‘a licensed’’; and            place, the word ‘‘an’’; and remove the
                                            ‘‘passing a physical’’, add the words                   before the word ‘‘engineering’’, add the              word ‘‘of’’ and add, in its place, the
                                            ‘‘and medical’’; and remove the words                   word ‘‘an’’;                                          word ‘‘on’’;
                                            ‘‘in accordance with § 13.125’’ and add,                   b. In paragraph (a)(2), remove the                   b. In paragraph (a)(2), remove the
                                            in their place, the words ‘‘according to                word ‘‘unlicensed’’ and add, in its                   word ‘‘unlicensed’’ and add, in its
                                            § 10.215 of this chapter’’.                             place, the word ‘‘rating’’; and                       place, the word ‘‘rating’’; and
                                                                                                       c. In paragraph (c) introductory text,               c. In paragraph (b), after the word
                                            § 13.119   [Amended]                                    after the word ‘‘MMD’’, add the words                 ‘‘MMD’’, add the words ‘‘or MMC’’.
                                              270. Remove the word ‘‘MMD’’ and                      ‘‘or MMC’’.
                                            add, in its place, the words ‘‘merchant                                                                       § 13.505   [Amended]
                                                                                                    § 13.207   [Amended]
                                            mariner’s document or merchant                                                                                  286. In § 13.505(a)(2), remove the
                                                                                                      277. In § 13.207, in the text, remove               words ‘‘licensed and unlicensed’’ and
                                            mariner credential on which the
                                                                                                    the words ‘‘license or a tankerman                    add, in their place, the words ‘‘officer,
                                            endorsement appears’’.
                                                                                                    endorsement’’ and add, in their place,                rating, and cadet’’.
                                            § 13.120   [Amended]                                    the words ‘‘license, tankerman
                                               271. In § 13.120, in the section                     endorsement, or officer endorsement on                § 13.507   [Amended]
                                            heading, before the word                                an MMC’’.                                               287. In § 13.507, in the text, remove
                                            ‘‘endorsement’’, add the word                           § 13.301   [Amended]                                  the words ‘‘license or tankerman
                                            ‘‘tankerman’’; remove the number                                                                              endorsement’’ and add, in their place,
                                                                                                       278. In § 13.301(c), after the word
                                            ‘‘12.02–27’’ and add, in its place, the                                                                       the words ‘‘license, tankerman
                                                                                                    ‘‘physical’’ add the words ‘‘and
                                            number ‘‘10.227’’; and remove the word                                                                        endorsement, or officer endorsement on
                                                                                                    medical’’; and remove the words ‘‘in
                                            ‘‘MMD’’ and add, in its place, the word                                                                       an MMC’’.
                                                                                                    accordance with § 13.125’’ and add, in
                                            ‘‘MMC’’.
                                                                                                    their place, the words ‘‘according to                 PART 14—SHIPMENT AND
                                            § 13.121   [Amended]                                    § 10.215 of this chapter’’.                           DISCHARGE OF MERCHANT
                                               272. In § 13.121—                                    § 13.303   [Amended]                                  MARINERS
                                               a. In the section heading, remove the
                                                                                                       279. In § 13.303(c) introductory text,                288. The authority citation for part 14
                                            word ‘‘training’’ and after the word
                                                                                                    after the word ‘‘MMD’’ add the words                  is revised to read as follows:
                                            ‘‘tankerman’’, add the word
                                                                                                    ‘‘or MMC’’.
                                            ‘‘endorsements’’; and                                                                                           Authority: 5 U.S.C. 552; 46 U.S.C. Chapters
                                               b. In paragraph (a), remove the                      § 13.307   [Amended]                                  103 and 104; 46 U.S.C. 70105.
                                            number ‘‘10’’ wherever it may appear                       280. In § 13.307(a), remove the words
                                            and add, in its place, the number ‘‘11’’.                                                                     § 14.205   [Amended]
                                                                                                    ‘‘license or a tankerman endorsement’’
                                                                                                    and add, in their place, the words                      289. In § 14.205, in the text, remove
                                            § 13.125   [Amended]                                                                                          the words ‘‘every document,
                                                                                                    ‘‘license, tankerman endorsement on an
                                               273. In § 13.125—                                                                                          certificate,’’ and add, in their place, the
                                                                                                    MMD or MMC, or an officer
                                               a. In the section heading, after the                                                                       words ‘‘a valid Transportation Worker
                                                                                                    endorsement on an MMC’’.
                                            word ‘‘Physical’’ add the words ‘‘and                                                                         Identification Credential and every
                                            medical’’.                                              § 13.401   [Amended]                                  document, certificate, credential,’’.
                                               b. In the text, remove the words                        281. In § 13.401(c), after the word
                                            ‘‘10.205(d) of this chapter, excluding                                                                        § 14.207   [Amended]
                                                                                                    ‘‘physical’’ add the words ‘‘and
                                            paragraph (d)(2) of that section’’ and                  medical’’; and remove the words ‘‘in                     290. In § 14.207(a)(1), after the words
                                            add, in their place, the words ‘‘10.215                 accordance with § 13.125’’ and add, in                ‘‘specify at least the name, the’’, remove
                                            of this chapter’’.                                      their place, the number ‘‘according to                the words ‘‘number of the license or
                                                                                                    § 10.215 of this chapter’’.                           merchant mariner’s document’’ and add
                                            § 13.129   [Amended]
                                                                                                                                                          the words ‘‘TWIC number and license,
                                               274. In § 13.129—                                    § 13.403   [Amended]                                  MMD, or MMC number,’’.
                                               a. In the section heading, after the                    282. In § 13.403(b) introductory text,
                                            word ‘‘tankerman’’, add the word                        after the word ‘‘MMD’’ add the words                  § 14.307   [Amended]
                                            ‘‘endorsements’’.                                       ‘‘or MMC’’.                                              291. In § 14.307(a), remove the words
                                               b. In Table 13.129, in the column                                                                          ‘‘and merchant mariner’s document
                                            ‘‘Physical required’’, remove the                       § 13.407   [Amended]                                  number’’ and add, in their place, the
                                            numbers ‘‘13.125’’, ‘‘13.111(b)’’,                        283. In § 13.407, in the text, remove               words ‘‘TWIC number, and MMD or
                                            ‘‘13.111(c)’’, and ‘‘13.111(d)(3)’’                     the words ‘‘for a license or                          MMC number’’.
                                            wherever they appear and add, in their                  endorsement’’ and add, in their place,
sroberts on PROD1PC70 with PROPOSALS




                                            place, the number ‘‘10.215’’.                           the words ‘‘to the Coast Guard for any                PART 15—MANNING REQUIREMENTS
                                                                                                    other endorsement or credential’’.
                                            § 13.201   [Amended]                                                                                             292. The authority citation for part 15
                                               275. In § 13.201(c), after the word                  § 13.501   [Amended]                                  is revised to read as follows:
                                            ‘‘physical’’ add the words ‘‘and                           284. In § 13.501(c), after the word                  Authority: 46 U.S.C. 2101, 2103, 3306,
                                            medical’’; and remove the words ‘‘in                    ‘‘physical’’ add the words ‘‘and                      3703, 8101, 8102, 8104, 8105, 8301, 8304,



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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                             29529

                                            8502, 8503, 8701, 8702, 8901, 8902, 8903,               § 15.515   [Amended]                                     b. Remove paragraphs (b) and (c);
                                            8904, 8905(b), 8906, 9102, and 70105; and                 298. In § 15.515(b) introductory text,                 c. Redesignate paragraph (d) as
                                            Department of Homeland Security Delegation              remove the words ‘‘issued by the Coast                paragraph (b);
                                            No. 0170.1.
                                                                                                    Guard’’ and add, in their place, the                     d. In newly redesignated paragraph
                                            § 15.103   [Amended]                                    words ‘‘or appropriate officer                        (b) introductory text, remove the words
                                                                                                    endorsement on their merchant mariner                 ‘‘who holds a first-class pilot’s license
                                               293. In § 15.103—
                                                                                                    credential’’.                                         or’’ and add, in their place, the words
                                               a. In paragraph (b), remove the words
                                            ‘‘of licensed individuals and members                                                                         ‘‘meeting the requirements of paragraph
                                                                                                    § 15.520   [Amended]
                                            of the crew’’ and add, in their place, the                                                                    (a) of this section who holds either a
                                                                                                       299. In § 15.520—                                  first-class pilot’s license or MMC
                                            words ‘‘number of officers and rated                       a. In paragraph (b), remove the words
                                            crew’’; and after the words ‘‘minimum                                                                         officer’’; and remove the words
                                                                                                    ‘‘licensed individuals’’ and add, in their            ‘‘paragraph (d)(1) or paragraph (d)(2)’’
                                            qualifications concerning licenses’’, add               place, the word ‘‘officers’’;
                                            the words ‘‘and MMC endorsements’’;                                                                           and add, in their place, the words
                                                                                                       b. In paragraph (c), after the words ‘‘A           ‘‘paragraphs (b)(1) or (b)(2)’’.
                                               b. In paragraph (c), remove the words                license’’, add the words ‘‘or officer
                                            ‘‘licensed individuals’’ and add, in their              endorsement on an MMC’’; and after the                § 15.701   [Amended]
                                            place, the word ‘‘officers’’; and                       words ‘‘operation specified on the’’,                    302. In § 15.701(b), after the words
                                               c. In paragraph (g), remove the words                remove the word ‘‘license’’ and add, in               ‘‘must hold a license’’, add the words
                                            ‘‘Licensed personnel’’ and add, in their                its place, the word ‘‘credential’’;                   ‘‘or MMC officer endorsement’’; and
                                            place, the word ‘‘Personnel’’; after the                   c. In paragraph (d), after the words               remove the words ‘‘part 10’’ and add, in
                                            words ‘‘an appropriate STCW’’, remove                   ‘‘endorsed as an OIM’’, add the words                 their place, the words ‘‘parts 10 and
                                            the words ‘‘certificate or endorsement’’                ‘‘or an MMC with master and OIM                       11’’.
                                            and add, in their place, the words                      officer endorsements’’;
                                            ‘‘endorsement on their license or                          d. In paragraph (e), after the words               § 15.705   [Amended]
                                            MMC’’; and before the words                             ‘‘who holds a license’’, add the words                   303. In § 15.705—
                                            ‘‘endorsement will be expressly                         ‘‘or MMC officer endorsement’’; and                      a. In paragraph (b), remove the words
                                            limited’’, remove the words ‘‘certificate               after the words ‘‘as master endorsed as               ‘‘licensed individuals’’ and add, in their
                                            or’’.                                                   OIM’’, add the words ‘‘or an MMC with                 place, the word ‘‘officers’’; and after the
                                                                                                    master and OIM officer endorsements’’;                words ‘‘deck department other than’’,
                                            Subpart B—[Removed and Reserved]                           e. In paragraph (f), after the words               remove the word ‘‘licensed’’;
                                              294. Remove and reserve subpart B,                    ‘‘holds a license or’’ add the words                     b. In paragraph (c) introductory text,
                                            consisting of § 15.301.                                 ‘‘MMC officer’’;                                      remove the words ‘‘licensed
                                              295. Revise § 15.401 to read as                          f. In paragraph (g), after the words               individuals’’ and add, in their place, the
                                            follows:                                                ‘‘appropriate license’’, add the words                word ‘‘officers’’; and
                                                                                                    ‘‘or MMC officer endorsement’’; and,                     c. In paragraphs (d) and (e)(1) and (2),
                                            § 15.401 Employment and service within                  after the words ‘‘holding a license or’’,
                                            restrictions of credential.                                                                                   remove the word ‘‘licensed’’ wherever it
                                                                                                    add the words ‘‘MMC officer’’; and                    appears.
                                              A person may not employ or engage                        g. In paragraphs (h), (i), and (l), after
                                            an individual, and an individual may                    the words ‘‘holding a license or’’, add               § 15.710   [Amended]
                                            not serve, in a position in which an                    the words ‘‘MMC officer’’.                               304. In § 15.710 introductory text,
                                            individual is required by law or                                                                              after the words ‘‘on the working hours
                                            regulation to hold a license, certificate               § 15.605   [Amended]
                                                                                                                                                          of’’, remove the words ‘‘licensed
                                            of registry, merchant mariner’s                             300. In § 15.605—
                                                                                                        a. In the section heading, remove the             individuals’’ and add, in their place, the
                                            document, transportation worker                                                                               words ‘‘credentialed officers’’; and after
                                            identification credential, and/or                       word ‘‘Licensed’’ and add, in its place,
                                                                                                    the word ‘‘Credentialed’’;                            the words ‘‘master or other’’, remove the
                                            merchant mariner credential, unless the                                                                       words ‘‘licensed individual’’ and add, in
                                            individual holds all credentials                            b. In the introductory text, remove the
                                                                                                    word ‘‘licensed’’ and add, in its place,              their place, the words ‘‘credentialed
                                            required, as appropriate, authorizing                                                                         officer’’.
                                            service in the capacity in which the                    the word ‘‘credentialed’’;
                                                                                                        c. In paragraph (a), remove the words                305. In § 15.720—
                                            individual is engaged or employed and
                                            the individual serves within any                        ‘‘, carrying not more than six                           a. In the section heading, remove the
                                            restrictions placed on the credential.                  passengers,’’; and after the words                    words ‘‘licensed and/or documented’’
                                                                                                    ‘‘holding a license’’, add the words ‘‘or             and add, in their place, the word
                                            § 15.405   [Amended]                                    MMC endorsed’’; and after the words                   ‘‘credentialed’’;
                                              296. In § 15.405, in the text, remove                 ‘‘as operator’’, add the words ‘‘of                      b. In paragraph (a), remove the words
                                            the words ‘‘licensed, registered, or                    uninspected passenger vessels’’; and                  ‘‘utilize non-U.S. licensed and
                                            certificated’’ and add, in their place, the                 d. In paragraph (b), remove the word              documented’’ and add, in their place,
                                            word ‘‘credentialed’’.                                  ‘‘licensed’’ and add, in its place, the               the words ‘‘use non-U.S. credentialed’’;
                                                                                                    word ‘‘credentialed’’.                                and
                                            § 15.410   [Amended]                                                                                             c. In paragraph (d), remove the words
                                               297. In § 15.410—                                    § 15.610   [Amended]                                  ‘‘license or document’’ wherever they
                                               a. In the section heading, remove the                   301. In § 15.610—                                  appear and add, in their place, the word
                                            word ‘‘Licensed’’ and add, in its place,                   a. In paragraph (a), after the words               ‘‘credential’’.
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                                            the word ‘‘Credentialed’’; and                          ‘‘and control of a person’’, remove the
                                               b. In the text, remove the words ‘‘a                 word ‘‘licensed’’ and add, in its place,              § 15.725   [Amended]
                                            licensed individual’’ and add, in their                 the words ‘‘holding a license or MMC                     306. In § 15.725, in the text, remove
                                            place, the words ‘‘an individual holding                officer endorsement’’; and after the                  the words ‘‘licensed or documented’’
                                            a license or merchant mariner credential                words ‘‘endorsement on his or her                     and add, in their place, the word
                                            authorizing them’’.                                     license’’, add the words ‘‘or MMC’’;                  ‘‘credentialed’’.


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                                            29530                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 15.730   [Amended]                                       d. In paragraph (b)(3) introductory                § 15.820   [Amended]
                                               307. In § 15.730, paragraph (d),                     text, remove the words ‘‘issued by the                   312. In § 15.820—
                                            remove the words ‘‘licensed                             Coast Guard’’ and add, in their place,                   a. In paragraph (a) introductory text,
                                            individuals’’ wherever they may appear                  the words ‘‘or MMC officer                            remove the words ‘‘appropriate license’’
                                            and add, in their place, the word                       endorsement’’; and remove the word                    and add, in their place, the words
                                            ‘‘officers’’; and after the words ‘‘spoken              ‘‘license’’ and add, in its place, the word           ‘‘MMC or license endorsed’’; and after
                                            directly by the’’, remove the words                     ‘‘credential’’;                                       the words ‘‘as chief engineer or’’,
                                            ‘‘licensed individual’’ and add, in their                  e. In paragraph (b)(3)(ii), remove the             remove the words ‘‘a license’’;
                                            place, the word ‘‘officer’’.                            number ‘‘10.713’’ and add, in its place,                 b. In paragraph (a)(3), remove the
                                                                                                    the number ‘‘11.713’’;                                words ‘‘a licensed individual’’ and add,
                                            § 15.805   [Amended]                                       f. In paragraph (b)(3)(iii), remove the            in their place, the words ‘‘an individual
                                               308. In § 15.805—                                    number ‘‘10.709’’ and add, in its place,              with a license or the appropriate MMC
                                               a. In paragraph (a) introductory text,               the number ‘‘11.709’’;                                officer endorsement’’; and
                                            after the words ‘‘license as master’’, add                 g. In paragraph (c) introductory text,                c. In paragraph (b), remove the words
                                            the words ‘‘or a valid MMC with                         remove the words ‘‘issued by the Coast                ‘‘appropriate license’’ and add, in their
                                            endorsement as ‘‘master’’ ’’;                           Guard’’ and add, in their place, the                  place, the words ‘‘appropriately
                                               b. In paragraph (a)(5) introductory                  words ‘‘or MMC officer endorsement’’;                 endorsed license or MMC’’.
                                            text, remove the word ‘‘licensed’’ and                  and remove the word ‘‘license’’ and add,
                                            add, in its place, the words ‘‘holding a                in its place, the word ‘‘credential’’;                § 15.825   [Amended]
                                            license or MMC endorsed’’; and                             h. In paragraph (c)(2), remove the                    313. In § 15.825—
                                               c. In paragraph (a)(5)(ii), remove the               number ‘‘10.713’’ and add, in its place,                 a. In paragraph (a), remove the words
                                            word ‘‘endorsed’’ and add, in its place,                the number ‘‘11.713’’;                                ‘‘appropriate license’’ and add, in their
                                            the words ‘‘or MMC with officer                            i. In paragraph (c)(3), remove the                 place, the words ‘‘appropriately
                                            endorsement’’.                                          number ‘‘10.709’’ and add, in its place,              endorsed license or MMC’’; and
                                                                                                    the number ‘‘11.709’’;                                   b. In paragraph (b), remove the word
                                            § 15.810   [Amended]                                                                                          ‘‘licensed’’ and add, in its place, the
                                                                                                       j. In table 15.812(e)(1), in the heading
                                               309. In § 15.810—                                                                                          word ‘‘credentialed’’.
                                               a. In paragraph (a), remove the word                 to the second column, after the words
                                            ‘‘licensed’’;                                           ‘‘First Class Pilot’s licenses’’, add the             § 15.835   [Amended]
                                               b. In paragraph (b) introductory text,               words ‘‘or MMC officer endorsements’’;
                                                                                                       k. In table 15.812(e)(2), in the heading             314. In § 15.835, in the text, remove
                                            remove the word ‘‘licensed’’ and add, in                                                                      the number ‘‘10’’ and add, in its place,
                                            its place, the words ‘‘mariners holding                 to the second column, after the words
                                                                                                    ‘‘First Class Pilot’s licenses’’, add the             the number ‘‘11’’.
                                            a license or MMC officer endorsement
                                            as’’;                                                   words ‘‘or MMC officer endorsements’’;                § 15.840   [Amended]
                                               c. In paragraph (b), remove the word                 and remove the word ‘‘Operator’’                        315. In § 15.840, paragraph (a),
                                            ‘‘licensed’’ wherever it appears;                       wherever it may appear, and add, in its               remove the words ‘‘licensed
                                               d. In paragraph (c), after the words                 place, the words ‘‘Master, Mate (Pilot) of            individuals’’ and add, in their place, the
                                            ‘‘appropriate license’’, add the words                  towing vessels’’;                                     words ‘‘individuals serving as deck
                                            ‘‘or MMC’’;                                                l. In paragraph (f)(1), remove the                 officers’’.
                                               e. In paragraph (d) introductory text,               words ‘‘a federally licensed’’ and add, in
                                            remove the words ‘‘hold a license’’ and                 its place, the words ‘‘an individual                  § 15.860   [Amended]
                                            add, in their place, the words ‘‘satisfy                holding a valid license or MMC                           316. In § 15.860—
                                            the requirements of § 15.805(a)(5) or                   endorsed as’’;                                           a. In paragraph (a), after the words
                                            hold a license or MMC’’;                                   m. In paragraph (f)(1)(i), remove the              ‘‘merchant mariner’s documents’’ add
                                               f. In paragraph (d)(2) introductory                  words ‘‘Federal license’’ and add, in                 the words ‘‘or MMCs’’;
                                            text, after the words ‘‘officer’s license’’,            their place, the words ‘‘authority of a                  b. In paragraph (f) introductory text,
                                            add the words ‘‘or MMC’’; and                           license or MMC’’; and                                 after the words ‘‘merchant mariner’s
                                               g. In paragraph (d)(2)(ii), remove the                  n. In paragraph (f)(2) introductory                documents’’, add the words ‘‘or MMCs’’;
                                            word ‘‘endorsed’’ and add, in its place,                text, after the words ‘‘with either two’’,               c. In paragraph (f)(3), remove the
                                            the words ‘‘or MMC with officer                         remove the word ‘‘licensed’’ and add, in              words ‘‘licensed person’’ and add, in
                                            endorsement’’.                                          its place, the word ‘‘credentialed’’; and             their place, the words ‘‘credentialed
                                                                                                    after the words ‘‘on the bridge or’’,                 officer’’;
                                            § 15.812   [Amended]                                    remove the words ‘‘a federally licensed’’                d. In paragraph (f)(4), remove the
                                               310. In § 15.812—                                    and add, in their place, the words ‘‘an               words ‘‘licensed or unlicensed person’’
                                               a. In paragraph (b)(1), remove the                   individual holding a valid license or                 and add, in their place, the words
                                            words ‘‘issued by the Coast Guard’’, and                MMC endorsed as’’.                                    ‘‘officer or crewmember’’; and
                                            add, in their place, the words ‘‘or MMC                                                                          e. In table 15.860(a)(2), in the first
                                            officer endorsement’’; and remove the                   § 15.815   [Amended]                                  column, sixth row, remove the words
                                            word ‘‘license’’ and add, in its place, the                311. In § 15.815—                                  ‘‘Licensed Person’’ and add, in their
                                            word ‘‘credential’’;                                       a. In paragraph (a), remove the words              place, the words ‘‘Credentialed Officer’’;
                                               b. In paragraph (b)(2) introductory                  ‘‘licensed deck individuals’’ and add, in             and, in the first column, seventh row,
                                            text, remove the words ‘‘issued by the                  their place, the words ‘‘deck officers’’;             remove the words ‘‘Licensed or
                                            Coast Guard’’ and add, in their place,                  and                                                   Unlicensed Person’’ and add, in their
                                            the words ‘‘or MMC officer                                 b. In paragraph (c), remove the words              place, the words ‘‘Credentialed Officer
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                                            endorsement’’; and remove the word                      ‘‘be licensed’’ and add, in their place,              or Crewmember’’.
                                            ‘‘license’’ and add, in its place, the word             the words ‘‘hold a license or MMC
                                            ‘‘credential’’;                                         officer endorsement’’; and after the                  § 15.901   [Amended]
                                               c. In paragraph (b)(2)(ii), remove the               words ‘‘service as master’’, remove the                  317. In § 15.901, paragraphs (a), (b),
                                            number ‘‘10.713’’ and add, in its place,                words ‘‘, mate, or operator’’ and add, in             (c), and (d), after the words ‘‘holding a
                                            the number ‘‘11.713’’;                                  their place, the words ‘‘or mate’’.                   license’’ wherever they appear, add the


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                                                                      Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                              29531

                                            words ‘‘or MMC endorsed’’; after the                    the words ‘‘appropriate certificate’’, add            under this subchapter, except for the
                                            words ‘‘on the individual’s license’’                   the words ‘‘or endorsement’’; and                     following:
                                            wherever they appear, add the words                        f. In paragraph (h), remove the words              *     *    *    *    *
                                            ‘‘or MMC’’; and, remove the words                       ‘‘After January 31, 2002, on’’ and add,
                                            ‘‘authorizing service’’ wherever they                   in their place, the word ‘‘On’’ and                   § 16.113   [Amended]
                                            appear.                                                 remove the words ‘‘in accordance with                    328. In § 16.113(a), remove the words
                                                                                                    § 10.205 or § 10.209’’ and add, in their              ‘‘documented and licensed’’ and add, in
                                            § 15.905    [Amended]
                                                                                                    place, the words ‘‘according to                       their place, the word ‘‘credentialed’’.
                                              318. In § 15.905 (a), (b), and (c), after             § § 11.205 or 11.209’’.
                                            the words ‘‘holding a license’’ wherever                                                                      § 16.201   [Amended]
                                            they appear, add the words ‘‘or MMC                     § 15.1105    [Amended]                                   329. In § 16.201—
                                            endorsed’’; and after the words ‘‘on the                  323. In § 15.1105(a) introductory text,                a. In paragraph (c), after the words ‘‘If
                                            individual’s license’’, wherever they                   (b), and (c) introductory text, remove the            an individual holding’’, remove the
                                            appear, add the words ‘‘or MMC’’.                       words ‘‘After January 31, 1997, on’’ and              words ‘‘a license, certificate of registry,
                                              319. Revise § 15.910 to read as                       add, in their place, the word ‘‘On’’.                 or merchant mariner’s document’’ and
                                            follows:                                                                                                      add, in their place, the words ‘‘a
                                                                                                    § 15.1107    [Amended]
                                                                                                                                                          credential’’; and, after the words
                                            § 15.910    Towing vessels.                                324. In § 15.1107—                                 ‘‘against his or her’’, remove the words
                                              No person may serve as a master or                       a. In the introductory text, after the             ‘‘license, certificate of registry, or
                                            mate (pilot) of any towing vessel                       words ‘‘mariner holding a license’’, add              merchant mariner’s document’’ and add,
                                            without meeting the requirements of                     the words ‘‘, merchant mariner                        in their place, the word ‘‘credential’’;
                                            § § 15.805(a)(5) or 15.810(d).                          credential’’; and                                     and
                                                                                                       b. In paragraph (c), remove the words                 b. In paragraph (d), remove the words
                                            § 15.915    [Amended]
                                                                                                    ‘‘licenses, documents, or endorsements’’              ‘‘a license, certificate of registry, or
                                              320. In § 15.915—                                     and add, in their place, the word                     merchant mariner’s document’’ and add,
                                              a. In the introductory text, after the                ‘‘credentials’’.                                      in their place, the words ‘‘a credential’’.
                                            words ‘‘following licenses’’, add the
                                                                                                    § 15.1111    [Amended]                                   330. Revise § 16.220(a) and (b) to read
                                            words ‘‘and MMC officer
                                                                                                                                                          as follows:
                                            endorsements’’; and after the words ‘‘on                   325. In § 15.1111(a), remove the
                                            the license’’ add the words ‘‘or MMC’’;                 words ‘‘After January 31, 1997, each’’                § 16.220   Periodic testing requirements.
                                            and                                                     and add, in their place, the word                        (a) Except as provided by paragraph
                                              b. In paragraphs (a) introductory text,               ‘‘Each’’.                                             (c) of this section and § 10.209(c)(9) of
                                            (b), (c), and (d), after the word ‘‘license’’,                                                                this chapter, an applicant must pass a
                                            wherever it appears, add the words ‘‘or                 PART 16—CHEMICAL TESTING
                                                                                                                                                          chemical test for dangerous drugs for—
                                            endorsement’’.                                            326. The authority citation for part 16                (1) An original issuance of a license,
                                            § 15.1001    [Amended]                                  continues to read as follows:                         certificate of registry (COR), merchant
                                                                                                      Authority: 46 U.S.C. 2103, 3306, 7101,              mariner’s document, or merchant
                                               321. In § 15.1001 remove the words
                                                                                                    7301, and 7701; Department of Homeland                mariner credential;
                                            ‘‘an appropriately endorsed Federal first
                                                                                                    Security Delegation No. 0170.1.                          (2) The first issuance, raise in grade,
                                            class pilot’s license issued by the Coast
                                                                                                                                                          or renewal of an officer endorsement on
                                            Guard’’ and add, in their place, the                      327. In § 16.105, add, in alphabetical
                                                                                                                                                          a merchant mariner credential;
                                            words ‘‘a valid MMC or license with                     order, a definition for ‘‘credential’’ and
                                            appropriate endorsement as a first-class                                                                         (3) A raise in grade of a license or
                                                                                                    revise the the introductory text and
                                            pilot’’.                                                                                                      COR;
                                                                                                    paragraphs (a) and (b) introductory text
                                                                                                                                                             (4) The first endorsement as an able
                                                                                                    of the definition for ‘‘crewmember’’ to
                                            § 15.1103    [Amended]                                                                                        seaman, lifeboatman, qualified member
                                                                                                    read as follows:
                                               322. In § 15.1103—                                                                                         of the engine department, or tankerman;
                                               a. In the section heading, remove the                § 16.105    Definitions of terms used in this         or
                                            words ‘‘restrictions of a license,                      part.                                                    (5) A reissuance of a credential with
                                            document, and’’ and add, in their place,                *      *     *     *     *                            a new expiration date. The applicant
                                            the words ‘‘the restrictions of an’’;                      Credential is a term used to refer to              must provide the results of the test to
                                               b. In paragraph (c), remove the words                any or all of the following:                          the Coast Guard Regional Examination
                                            ‘‘After January 31, 2002, on’’ and add,                    (1) Merchant mariner’s document.                   Center (REC) at the time of submitting
                                            in their place, the word ‘‘On’’;                           (2) License.                                       an application. The test results must be
                                               c. In paragraph (d), remove the words                   (3) STCW endorsement.                              completed and dated not more than 185
                                            ‘‘§ 10.1005 (if licensed) or § 12.30–5 (if                 (4) Certificate of registry.                       days before submission of the
                                            unlicensed) of this chapter’’ and add, in                  (5) Merchant mariner credential.                   application.
                                            their place, the words ‘‘§ § 11.1005 or                    Crewmember means an individual                        (b) Unless excepted under paragraph
                                            12.30–5 of this chapter, as                             who is—                                               (c) of this section, each pilot required by
                                            appropriate,’’;                                            (a) On board a vessel acting under the             this subchapter to receive an annual
                                               d. In paragraph (e) introductory text,               authority of a credential issued under                physical examination must pass a
                                            remove the words ‘‘§ 10.1105 (if                        this subchapter, whether or not the                   chemical test for dangerous drugs as a
                                            licensed) or § 12.30–5 (if unlicensed) of               individual is a member of the vessel’s                part of that examination. The individual
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                                            this chapter’’ and add, in their place, the             crew; or                                              must provide the results of each test
                                            words ‘‘§ § 11.1005 or 12.30–5 of this                     (b) Engaged or employed on board a                 required by this section to the REC
                                            chapter, as appropriate,’’;                             vessel owned in the United States that                when the pilot applies for a license or
                                               e. In paragraph (f), remove the words                is required by law or regulation to                   MMC renewal or when requested by the
                                            ‘‘After January 31, 2002, on’’ and add,                 engage, employ, or be operated by an                  Coast Guard.
                                            in their place, the word ‘‘On’’; and, after             individual holding a credential issued                *      *     *     *     *


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                                            29532                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 16.230    [Amended]                                   PART 30—GENERAL PROVISIONS                            § 42.05–70    Credential.
                                               331. In § 16.230—                                                                                           As used in this subchapter, credential
                                                                                                      338. The authority citation for part 30
                                               a. In paragraph (b)(1), remove the                                                                         means any or all of the following:
                                                                                                    continues to read as follows:
                                            words ‘‘hold a license issued by the                                                                           (a) Merchant mariner’s document.
                                                                                                      Authority: 46 U.S.C. 2103, 3306, 3703;               (b) License.
                                            Coast Guard’’ and add in their place the                Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C.
                                            words ‘‘hold a license or MMC endorsed                  5103, 5106; Department of Homeland                     (c) STCW endorsement.
                                            as master, mate, or operator’’; and                     Security Delegation No. 0170.1; Section                (d) Certificate of registry.
                                               b. In paragraph (k), remove the words                30.01–2 also issued under the authority of 44          (e) Merchant mariner credential.
                                            ‘‘license or merchant mariner’s                         U.S.C. 3507; Section 30.01–05 also issued
                                                                                                    under the authority of Sec. 4109, Pub. L.             § 42.07–50    [Amended]
                                            document’’ and add, in their place, the
                                                                                                    101–380, 104 Stat. 515.                                 346. In § 42.07–50(b)(5), remove the
                                            word ‘‘credential’’.
                                                                                                                                                          words ‘‘license or merchant mariner’s
                                            § 16.250    [Amended]                                   § 30.10–71    [Amended]                               document’’ and add, in their place, the
                                              332. In paragraph (a), remove the                       339. In § 30.10–71, in the introductory             word ‘‘credential’’.
                                            words ‘‘license, certificate of registry, or            text, remove the words ‘‘merchant
                                                                                                    mariners’’ documents’’ and add, in their              PART 58—MAIN AND AUXILIARY
                                            merchant mariner’s document’’ and add,
                                                                                                    place, the word ‘‘endorsements’’.                     MACHINERY AND RELATED SYSTEMS
                                            in their place, the word ‘‘credential’’.
                                                                                                    PART 31—INSPECTION AND                                  347. The authority citation for part 58
                                            PART 26—OPERATIONS                                                                                            continues to read as follows:
                                                                                                    CERTIFICATION
                                              333. The authority citation for part 26                                                                       Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,
                                                                                                      340. The authority citation for part 31             3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980
                                            continues to read as follows:                           continues to read as follows:                         Comp., p. 277; Department of Homeland
                                              Authority: 46 U.S.C. 3306, 4104, 6101,                  Authority: 33 U.S.C. 1321(j); 46 U.S.C.             Security Delegation No. 0170.1.
                                            8105; Pub. L. 103–206, 107 Stat. 2439; E.O.             2103, 3205, 3306, 3307, 3703; 46 U.S.C.
                                            12234, 45 FR 58801, 3 CFR, 1980 Comp., p.               Chapter 701; 49 U.S.C. 5103, 5106; E.O.               § 58.16–19    [Amended]
                                            277; Department of Homeland Security                    12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
                                            Delegation No. 0170.1.                                                                                          348. In § 58.16–19(b), remove the
                                                                                                    277; E.O. 12777, 56 FR 54757, 3 CFR, 1991             word ‘‘licensed’’ and add, in its place,
                                                                                                    Comp., p. 351; Department of Homeland
                                            Subpart 26.20—[Amended]                                 Security Delegation No. 0170.1. Section
                                                                                                                                                          the word ‘‘credentialed’’.
                                                                                                    31.10–21 also issued under the authority of
                                               334. In the heading to subpart 26.20,                Sect. 4109, Pub. L. 101–380, 104 Stat. 515.
                                                                                                                                                          PART 61—PERIODIC TESTS AND
                                            remove the word ‘‘License’’ and add, in                                                                       INSPECTIONS
                                            its place, the word ‘‘Credential’’.                     § 31.15–1    [Amended]
                                                                                                                                                            349. The authority citation for part 61
                                            § 26.20–1   [Amended]                                     341. In § 31.15–1, in the section                   continues to read as follows:
                                                                                                    heading, remove the words ‘‘Licensed
                                               335. In § 26.20–1, in the text, after the            officers’’ and add, in their place, the                 Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,
                                            words ‘‘valid Coast Guard license’’ add                 word ‘‘Officers’’.                                    3306, 3307, 3703; E.O. 12234, 45 FR 58801,
                                            the words ‘‘or MMC officer                                                                                    3 CFR 1980 Comp., p. 277; Department of
                                            endorsement’’; and after the words                      PART 35—OPERATIONS                                    Homeland Security Delegation No. 0170.1.
                                            ‘‘must have the license’’ add the words                                                                       § 61.15–10    [Amended]
                                            ‘‘or merchant mariner credential’’.                       342. The authority citation for part 35
                                                                                                    continues to read as follows:                           350. In § 61.15–10(a), remove the
                                            PART 28—REQUIREMENTS FOR                                  Authority: 33 U.S.C. 1321(j); 46 U.S.C.             words ‘‘a licensed’’ and add, in their
                                            COMMERCIAL FISHING INDUSTRY                             3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O.          place, the words ‘‘an appropriately
                                            VESSELS                                                 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.             credentialed’’.
                                                                                                    277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
                                              336. The authority citation for part 28               Comp., p. 351; Department of Homeland                 PART 78—OPERATIONS
                                            continues to read as follows:                           Security Delegation No. 0170.1.
                                                                                                                                                            351. The authority citation for part 78
                                              Authority: 46 U.S.C. 3316, 4502, 4505,                                                                      continues to read as follows:
                                                                                                    § 35.05–1    [Amended]
                                            4506, 6104, 10603; Department of Homeland
                                            Security Delegation No. 0170.1.                            343. In § 35.05–1—                                   Authority: 33 U.S.C. 1321(j); 46 U.S.C.
                                                                                                       a. In the section heading, remove the              2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.
                                            § 28.275    [Amended]                                   words ‘‘Licensed officers’’ and add, in               12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
                                                                                                                                                          277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
                                               337. In § 28.275—                                    their place, the word ‘‘Officers’’; and
                                                                                                                                                          Comp., p. 351; Department of Homeland
                                                                                                       b. In the text, remove the words                   Security Delegation No. 0170.1.
                                               a. In paragraph (a)(2) introductory                  ‘‘licensed’’ and ‘‘certificated’’ wherever
                                            text, remove the words ‘‘merchant                       they appear.
                                            mariner’s license’’ and add, in their                                                                         Subpart 78.65—[Amended]
                                            place, the words ‘‘license or officer                   PART 42—DOMESTIC AND FOREIGN                             352. In the heading to subpart 78.65,
                                            endorsement’’; and remove the words                     VOYAGES BY SEA                                        remove the word ‘‘License’’ and add, in
                                            ‘‘64 CFR’’ and add, in their place, the                                                                       its place, the words ‘‘Merchant Mariner
                                            text ‘‘§ ’’; and                                          344. The authority citation for part 42
                                                                                                                                                          Credential’’;
                                               b. In paragraph (a)(3) introductory                  continues to read as follows:
                                                                                                                                                             353. Revise § 78.65–1 to read as
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                                            text, remove the words ‘‘merchant                         Authority: 46 U.S.C. 5101–5116;                     follows:
                                            mariner’s license’’ and add, in their                   Department of Homeland Security Delegation
                                            place, the words ‘‘license or officer                   No. 0170.1; section 42.01–5 also issued under         § 78.65–1    Officers.
                                            endorsement’’; and remove the words                     the authority of 44 U.S.C. 3507.
                                                                                                                                                            All officers on a vessel must have
                                            ‘‘46 CFR’’ and add, in their place, the                   345. Add new § 42.05–70 to read as                  their merchant mariner credentials
                                            text ‘‘§ ’’.                                            follows:                                              conspicuously displayed.


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                                                                       Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules                                              29533

                                            PART 97—OPERATIONS                                       place, the words ‘‘merchant mariner                   the words ‘‘merchant mariner
                                                                                                     credentials or merchant mariner’s                     credential,’’; and after the words
                                              354. The authority citation for part 97                documents’’;                                          ‘‘suspension or revocation of a’’ remove
                                            continues to read as follows:                              b. In paragraph (b)(1), remove the                  the words ‘‘license, certificate, or
                                              Authority: 33 U.S.C. 1321(j); 46 U.S.C.                words ‘‘merchant mariner’s document’’                 document’’ and add, in their place, the
                                            2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.             and add, in their place, the words                    word ‘‘credential’’.
                                            12234, 45 FR 58801, 3 CFR, 1980 Comp., p.                ‘‘merchant mariner credential or
                                            277; E.O. 12777, 56 FR 54757; 3 CFR, 1991                merchant mariner’s document’’; and                    PART 125–GENERAL
                                            Comp., p. 351; Department of Homeland                      c. In paragraph (c)(2), remove the
                                            Security Delegation No. 0170.1.                          word ‘‘license’’ and add, in its place, the             369. The authority for part 125
                                                                                                     words ‘‘license or merchant mariner                   continues to read as follows:
                                            Subpart 97.53—[Amended]
                                                                                                     credential’’.                                           Authority: 46 U.S.C. 2103, 3306, 3307; 49
                                               355. In the heading to subpart 97.53,                                                                       U.S.C. App. 1804; Department of Homeland
                                            remove the word ‘‘License’’ and add, in                  PART 114—GENERAL PROVISIONS                           Security Delegation No. 0170.1.
                                            its place, the words ‘‘Merchant Mariner                    362. The authority citation for part                   370. In § 125.160 add, in alphabetical
                                            Credential’’;                                            114 continues to read as follows:                     order, a definition for the term
                                               356. Revise § 97.53–1 to read as                                                                            ‘‘credential’’ to read as follows:
                                            follows:                                                   Authority: 46 U.S.C. 2103, 3306, 3703;
                                                                                                     Pub. L. 103µ206, 107 Stat. 2439; 49 U.S.C.            § 125.160   Definitions.
                                            § 97.53–1    Officers.                                   App. 1804; Department of Homeland
                                                                                                     Security No. 0170.1; § 114.900 also issued            *     *     *     *     *
                                              All officers on a vessel must have                                                                             Credential means any or all of the
                                                                                                     under 44 U.S.C. 3507.
                                            their merchant mariner credentials                                                                             following:
                                            conspicuously displayed.                                 § 114.400    [Amended]                                  (1) Merchant mariner’s document.
                                                                                                        363. In § 114.400(b), in the definition              (2) License.
                                            PART 98—SPECIAL CONSTRUCTION,
                                                                                                     for ‘‘Master’’, remove the word                         (3) STCW endorsement.
                                            ARRANGEMENT, AND OTHER
                                                                                                     ‘‘license’’ and add, in its place, the                  (4) Certificate of registry.
                                            PROVISIONS FOR CERTAIN
                                                                                                     words ‘‘license or merchant mariner                     (5) Merchant mariner credential.
                                            DANGEROUS CARGOES IN BULK
                                                                                                     credential’’.                                         *     *     *     *     *
                                              357. The authority citation for part 98
                                            continues to read as follows:                            PART 115—INSPECTION AND                               PART 131—OPERATIONS
                                                                                                     CERTIFICATION
                                              Authority: 33 U.S.C. 1903; 46 U.S.C. 3306,                                                                     371. The authority citation for part
                                            3307, 3703; 49 U.S.C. App. 1804; E.O. 12234,               364. The authority citation for part                131 continues to read as follows:
                                            45 FR 58801, 3 CFR, 1980 Comp., p. 277;                  115 is revised to read as follows:
                                            Department of Homeland Security Delegation                                                                       Authority: 33 U.S.C. 1321(j); 46 U.S.C.
                                            No. 0170.1.                                                Authority: 33 U.S.C. 1321(j); 46 U.S.C.             3306, 6101, 10104; E.O. 12234, 3 CFR, 1980
                                                                                                     2103, 3205, 3306, 3307; 49 U.S.C. App. 1804;          Comp., p. 277; E.O. 12777, 3 CFR, 1991
                                            § 98.30–17       [Amended]                               E.O. 11735, 38 FR 21243, 3 CFR, 1971µ1975             Comp., p. 351; Department of Homeland
                                                                                                     Comp., p. 743; E.O. 12234, 45 FR 58801, 3             Security Delegation No. 0170.1.
                                              358. In § 98.30–17—                                    CFR, 1980 Comp., p. 277; Department of
                                              a. In paragraph (b)(1), before the                     Homeland Security Delegation No. 0170.1.              § 131.410   [Amended]
                                            words ‘‘merchant mariner’s document’’,
                                            add the words ‘‘endorsement on his or                    § 115.113    [Amended]                                  372. In § 131.410, remove the words
                                            her merchant mariner credential or’’;                      365. In § 115.113(b)(1)(iii), remove the            ‘‘merchant mariner’s document’’,
                                            and                                                      word ‘‘licensed’’ and add, in its place,              wherever they appear, and add, in their
                                              b. In paragraph (b)(2), remove the                     the word ‘‘credentialed’’.                            place, the words ‘‘merchant mariner
                                            words ‘‘license or certificate’’ and add,                                                                      credential or merchant mariner’s
                                            in their place, the words ‘‘merchant                     PART 122—OPERATIONS                                   document’’.
                                            mariner credential, license, or
                                                                                                       366. The authority citation for part                § 131.905   [Amended]
                                            certificate’’; and remove the words ‘‘on
                                                                                                     122 continues to read as follows:                        373. In § 131.905(b), after the words
                                            his or her MMD’’.
                                                                                                       Authority: 46 U.S.C. 2103, 3306, 6101; E.O.         ‘‘the suspension or revocation of’’ add
                                            PART 105—COMMERCIAL FISHING                              12234, 45 FR 58801, 3 CFR, 1980 Comp., p.             the words ‘‘credentials’’.
                                            VESSELS DISPENSING PETROLEUM                             277; Department of Homeland Security                     374. Revise § 131.955 to read as
                                                                                                     Delegation No. 0170.1.                                follows:—
                                            PRODUCTS
                                              359. The authority citation for part                   § 122.402    [Amended]                                § 131.955 Display of merchant mariner
                                            105 continues to read as follows:                           367. In § 122.402—                                 credential.
                                              Authority: 33 U.S.C. 1321(j); 46 U.S.C.
                                                                                                        a. In the section heading, remove the                Each officer on a vessel must
                                            3306, 3703, 4502; 49 U.S.C. App. 1804; E.O.              word ‘‘Licenses’’ and add, in its place,              conspicuously display his or her license
                                            11735, 38 FR 21243, 3 CFR, 1971-1975                     the word ‘‘Officers’’; and                            or merchant mariner credential as
                                            Comp., p. 793; Department of Homeland                       b. In the text, remove the words                   required by 46 U.S.C. 7110.
                                            Security Delegation No. 0170.1.                          ‘‘licensed individual’’ and add, in their
                                                                                                     place, the word ‘‘officer’’; and remove               PART 151—BARGES CARRYING BULK
                                            § 105.05–10      [Amended]                               the words ‘‘shall have his or her                     LIQUID HAZARDOUS MATERIAL
                                                                                                     ‘‘license’’ and add, in their place, the
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                                             360. In § 105.05–10(c)(2), remove the                                                                         CARGOES
                                            word ‘‘licensed’’.                                       words ‘‘must have his or her license or
                                                                                                     merchant mariner credential’’.                          375. The authority citation for part
                                            § 105.45–1       [Amended]                                                                                     151 continues to read as follows:
                                             361. In § 105.45–1—                                     § 122.910    [Amended]                                  Authority: 33 U.S.C. 1903; 46 U.S.C. 3703;
                                             a. In paragraph (a)(1), remove the                       368. In § 122.910, in the text, after the            Department of Homeland Security Delegation
                                            word ‘‘documents’’ and add, in its                       words ‘‘An individual holding a’’ add                 No. 0170.1.



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                                            29534                     Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Proposed Rules

                                            § 151.03–53      [Amended]                              word ‘‘endorsed’’; remove the words                   Subpart 196.53—[Amended]
                                              376. In § 151.03–53 introductory text,                ‘‘licensed engineer’’ and add, in their
                                            remove the words ‘‘merchant mariner’s                   place, the words ‘‘an appropriately                      391. In the heading to subpart 196.53,
                                            documents’’ and add, in their place, the                endorsed engineer officer’’; remove the               remove the word ‘‘License’’ and add, in
                                            words ‘‘merchant mariner credentials or                 words ‘‘merchant mariner documents’’                  its place, the word ‘‘Credential’’.
                                            merchant mariner’s document’’.                          and add, in their place, the words                       392. Revise § 196.53–1 to read as
                                                                                                    ‘‘merchant mariner credentials or                     follows:
                                            PART 166—DESIGNATION AND                                merchant mariner’s document’’; and                    § 196.53–1    Officers.
                                            APPROVAL OF NAUTICAL SCHOOL                             remove the words ‘‘unlicensed deck
                                            SHIPS                                                   crew must be rated as’’ and add, in their               All officers on a vessel must have
                                                                                                    place, the words ‘‘rated deck crew must               their licenses or merchant mariner
                                              377. The authority citation for part                                                                        credentials conspicuously displayed.
                                                                                                    be’’.
                                            166 continues to read as follo