Consolidation of Merchant Mariner Qualification Credentials

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 20, 70, 95, 101, 110, 125, 141, 155, 156, 160, 162, 163, 164, and 165

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

[Docket No. USCG-2006-24371]

RIN 1625-AB02

Consolidation of Merchant Mariner Qualification Credentials

AGENCY:

United States Coast Guard, DHS.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Coast Guard proposes to streamline the existing merchant mariner credentialing process to minimize redundant requirements and simplify the credentialing program. This proposed rule works in tandem with the joint Notice of Proposed Rulemaking published by the Coast Guard and the Transportation Security Administration (TSA) entitled “Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License” published elsewhere in the

Federal Register

today. It proposes to combine the individual Merchant Mariner's Document, License, Certificate of Registry, and STCW Endorsement into a single certificate termed the Merchant Mariner Credential (MMC), which will be endorsed to reflect a mariner's qualifications. The Coast Guard also proposes to streamline the application process for the MMC by removing the requirement that all mariners appear at least once at one of 17 Regional Exam Centers (RECs). Instead, the information previously submitted by the applicant at the REC would be submitted to TSA through the TWIC enrollment process and shared with the Coast Guard by TSA.

DATES:

Comments and related material must reach the Docket Management Facility on or before July 6, 2006. We will hold public meetings on Wednesday, May 31, 2006 in Newark, NJ; Thursday, June 1 in Tampa, FL; Wednesday, June 6 in St. Louis, MO; and Thursday, June 7 in Long Beach, CA.

ADDRESSES:

You may submit comments identified by USCG docket number USCG-2006-24371 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:

(1)

Web site: http://dms.dot.gov.

(2)

Mail:

Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Washington, DC 20590-0001.

(3)

Fax:

202-493-2251.

(4)

Delivery:

Room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(5) Federal eRulemaking Portal:

http://www.regulations.gov.

See

SUPPLEMENTARY INFORMATION

for format and other information about comment submissions.

FOR FURTHER INFORMATION CONTACT:

For questions concerning this proposed rule, call Mr. Luke Harden (G-PSO-1), United States Coast Guard, 2100 Second Street, SW., Washington, DC 20593; telephone 1-877-687-2243.

For questions concerning viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street SW., Washington, DC 20590-0001; telephone (202) 493-0402.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to

http://dms.dot.gov

and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT's “Privacy Act” paragraph below.

Submitting comments:

If you submit a comment, please include your name and address, identify the docket number for this rulemaking (USCG-2006-24371), indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under

ADDRESSES

; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8

1/2

by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like the Coast Guard to acknowledge receipt, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them.

Viewing comments and documents:

To view comments, as well as documents mentioned in this preamble as being available in the docket, go to

http://dms.dot.gov

at any time, click on “Simple Search,” enter the last five digits of the docket number for this rulemaking, and click on “Search.” You may also visit the Docket Management Facility in Room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy Act:

Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the

Federal Register

published on April 11, 2000 (65 FR 19477), or you may visit

http://dms.dot.gov.

Public Meetings:

TSA and the Coast Guard will hold four public meetings as follows: Wednesday, May 31, 2006 in Newark, NJ; Thursday, June 1 in Tampa,

FL; Wednesday, June 6 in St. Louis, MO; and Thursday, June 7 in Long Beach, CA. These meetings will be held to take comments regarding both the Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License rule (Docket Nos. TSA-2006-24191; USCG-2006-24196) and the Consolidation of Merchant Mariner Qualification Credential rule (Docket No. USCG-2006-24371), both found in today's

Federal Register

. Specific times, locations and additional information for the public meetings will be announced in a subsequent notice in the

Federal Register

.

II. Background and Purpose

Under the current regulatory scheme, the Coast Guard may issue to a mariner any combination of four credentials: the Merchant Mariner's Document (MMD), Merchant Mariner's License (License), Certificate of Registry (COR), or the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) Endorsement. An MMD serves as a mariner's identification credential, indicates a mariner's qualifications, and is issued to mariners who are employed on merchant vessels of 100 gross register tons or more, except for those vessels employed exclusively in trade on the navigable waters of the U.S. Licenses are qualification certificates that are issued to officers. CORs are qualification certificates that are issued to medical personnel and pursers. STCW Endorsements are qualification certificates that are issued to mariners who meet international standards and serve aboard vessels to which STCW applies. The License, COR, and STCW Endorsement are qualification credentials only.

Elsewhere in this edition of the

Federal Register

, the Department of Homeland Security (DHS) published a joint notice of proposed rulemaking by the Coast Guard and the Transportation Security Administration (TSA), which proposes to implement the Transportation Worker Identification Credential (TWIC) in the maritime sector. A TWIC is a biometric transportation security card as contemplated under the Maritime Transportation Security Act of 2002, 46 U.S.C. 70105 (MTSA). Under the TWIC rule, workers who require unescorted access to secure areas of MTSA-regulated maritime facilities and vessels, and all merchant mariners credentialed under 46 U.S.C. part E must undergo a security threat assessment from TSA. This population includes all mariners holding active MMDs, Licenses, CORs, or STCW Endorsements. If TSA determines that the applicant does not pose a security risk, TSA will issue a TWIC to that individual. Once the DHS rule is implemented, persons without TWICs will not be granted unescorted access to secure areas at affected maritime facilities or vessels, and all merchant mariners will be required to hold a valid TWIC.

The MTSA requires DHS to issue biometric transportation security cards to, among others, merchant mariners. Because only the MMD is an identity document, and none of the Coast Guard-issued credentials contain biometric information or otherwise meet the MTSA requirements, a new credential is necessary to implement this statutory mandate. In addition, it was determined that national security would be increased by requiring all maritime workers to show the same credential to gain unescorted access to secure areas of vessels and facilities, rather than allowing a different card for each segment of the marine population.

If the TWIC rule is fully implemented, merchant mariners would be required to obtain a TWIC in addition to the mariner credentials currently required and thus would be required to obtain a total of five credentialing documents. To minimize redundant credentialing requirements and ease the burden on merchant mariners, the Coast Guard, through this rule, proposes to streamline its mariner regulations and consolidate the four current merchant mariner credentialing documents into one Merchant Mariner Credential (MMC). The proposed amendments to the mariner regulations will reduce, ultimately, the number of Federal identification/qualification cards that a mariner needs to carry to two (the MMC and a TWIC), as well as remove all duplicative public burdens and governmental processes.

The Coast Guard recently issued regulations aimed at increasing the security of the vetting process for mariner credentials. In an interim rule published January 6, 2004 for MMD applicants (68 FR 526), and an interim rule published January 13, 2006 for License applicants (71 FR 2154), the Coast Guard implemented a mandatory appearance requirement in the application process. Currently, all applicants must appear at one of 17 Coast Guard Regional Examination Centers (RECs) at least once in the application process to be fingerprinted by and show proof of identification to an REC employee. This appearance requirement was added as an additional security measure to ensure that MMDs and Licenses are issued only to people whose identities have been verified.

Under the TWIC proposed joint rulemaking published simultaneously with this rule, TSA would conduct security vetting and verify an applicant's identity prior to issuing the TWIC which would serve as an identity document. Without the streamlined process and combined credential suggested in this MMC rulemaking, mariners would be required to submit identity information and biometrics personally to two Federal agencies, and those Federal agencies would subject the applicant to the same security vetting process. This proposed rule is necessary to reduce cost and redundancy for both the public and the Federal government.

Because this proposed rule is closely related to, and relies on the proposed TWIC rule, it will follow the same timeline as the TWIC rule. This rule will not become a Final Rule unless the TWIC rule also becomes a Final Rule. In addition, the TWIC rule proposes an 18 month enrollment period, after which all merchant mariners must hold a TWIC. To allow enough time for all mariners to obtain TWICs before this rule will make possession of a valid TWIC a mandatory requirement for the issuance of an MMC, this rule will not go into effect until 18 months after the TWIC rule goes into effect.

III. Proposed Rule

The following discussion highlights the changes being made to the Coast Guard regulations. Through this proposed rulemaking, the Coast Guard proposes to consolidate the MMD, License, COR, and STCW Endorsement into a single document, called the Merchant Mariner Credential (MMC). The MMC would be a certificate that would contain endorsements for each of a mariner's job qualifications. It is expected to contain security enhancements that will deter duplication and manipulation. One of the security features is that the photograph on the MMC will match the photograph on the mariner's TWIC. Although the actual format of the MMC is not final at this stage, it is expected to appear in the form of a certificate suitable for framing that is modeled after the current STCW Endorsement. The current STCW Endorsement was recently updated to create a more professional appearance and to include increased security features such as watermarks and microprinting. A brochure showing the current STCW Endorsement and highlighting some of

its security features can be viewed online in the docket for this rulemaking, which may be found by doing a search for docket USCG-2006-24371 at

http://dms.dot.gov.

The Coast Guard is taking personal privacy considerations into effect in the development of the MMC. We are aware of the posting requirement for Licenses under 46 U.S.C. 7110, and the notation requirements for MMDs under 46 U.S.C. 7303, both of which will apply to the MMC. The Coast Guard is conscious of the fact that mariners may not wish to publicly display some of the biographical information currently on the face of an MMD and we therefore strive to design an MMC that will hide some of the information related to personal privacy when placed on display.

In the proposed credentialing system, instead of carrying up to five credentials, a mariner would hold only two. The MMC would serve as the mariner's qualification credential, while the TWIC would serve as the mariner's identification credential. To further benefit the mariner population, and reduce the burden created by the mandatory TWIC requirement, arrangements have been made with TSA to share information necessary for the MMC application process. Since all mariners would be required to appear at a TSA TWIC-enrollment center to provide proof of identity and citizenship and be photographed and fingerprinted, TSA has agreed to share with the Coast Guard information necessary to conduct our background check for safety and suitability related offenses and ensure that the mariner satisfies the appropriate citizenship requirements for the particular endorsement that they seek. This rule proposes to change the merchant mariner credentialing process into a process that potentially could be completed entirely by mail. To aid TSA in flagging 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. The cost savings from removing this travel burden is expected to be one of the financial benefits to the mariner proposed by this rule as TWIC-enrollment centers are expected to be established at every major port in the country. Should this regulation go into effect, instead of traveling great distances to visit one of the 17 RECs, mariners would have many more locations to choose from and would be much more likely to find one close to home.

To reflect the proposed creation of the MMC, many nomenclature changes were made throughout titles 33 and 46 CFR. Although there are many of these changes and they account for the bulk of the regulatory text later in this document, they are non-substantive in nature and reflect only a change in terminology so that the terms used throughout the Coast Guard regulations reflect the new credential. Specifically, the term “credential” was used to reference the License, MMD, COR, STCW Endorsement, and MMC. This term is used to reflect all possible credentials a mariner could hold after the effective date of this proposed rule to account for the five-year phase-in period when mariners could either hold a License, MMD, COR and or STCW Endorsement, or could have renewed those documents and received the proposed MMC. The terms “officer” and “officer endorsement” are used to reference those qualifications currently reflected on a License or COR. The terms “rating” and “rating endorsement” are used to reference those qualifications currently reflected on an MMD. Finally, the term “endorsement” is used to reference the actual annotation on the MMC reflecting the mariner's job qualification.

Although a reorganization of the regulations is necessary to accomplish this consolidation, the qualifications, experience, examinations, classes, and other requirements needed to serve as a merchant mariner are not changed by this proposed rule. To the extent possible, the Coast Guard proposes to change only the application procedures and form in which the qualifications are presented. To aid the reader, we have presented the proposed substantive changes to these regulations in table form. It is presented in six pieces: Changes that occurred throughout subchapter B; the changes that occurred in the current sections 10.100 through 10.223; changes that occurred in the current sections 12.01 through 12.02-29; the changes that would be made in the new regulatory text inserted into part 10; and finally those substantive changes that exist in sections 11.301 to end, sections 12.03-1 to end and part 15. For organizational purposes, the current regulations in 46 CFR part 10 (which are specific to officers) would be moved in their entirety to create a new part 11. A new part 10 would then be created, which would include only the application procedures and information pertinent to the MMC that applies to all mariners. The substance of the regulations proposed for the new Part 10 have been taken from the current regulations in sections 10.100 through 10.223 and 12.01 through 12.02. With the exception of the section on the changes in the new part 10 below, all citations in the left column reference 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, 13.103, 15.301

All definitions in subchapter B would be combined into one section located in § 10.107, with the exception of part 16, and the definitions in § 15.1101. A new paragraph in § 10.107(a) would be added to state that if the definitions for the subpart provided in part 10 differ from those defined in part 16, or § 15.1101, then the part 16 or § 15.1101 definition applies as appropriate

Change made for clarity. Combining all of the terms in one introductory section for the entire subpart would allow the mariner to go to one place to find definitions for all terms and reduces the length of the regulations by omitting duplicative definitions.

The definitions for 46 CFR part 16 have been excluded 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, 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 Subchapter 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.

Titles 33 and 46 CFR

References to the terms “Merchant Mariner Credential”, “MMC”, “credential”, “endorsement”, “officer endorsement” or “rating endorsement” as appropriate, were inserted throughout Titles 33 and 46, when the text referred to a mariner's “License”, “Merchant Mariner Document”, “MMD”, “STCW Certificate”, and or “Certificate of Registry”

One of the main goals of this rulemaking is to combine the License, MMD, COR, and STCW Endorsement to create the MMC with endorsements thereon that indicate that the mariner is qualified to perform specific job functions. This new credential would be phased in over a five-year period, as the mariner's previous credentials expire. For that reason, during that initial five-year period, mariners could hold either an MMC or one of the current credentials. 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 amendment 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 of Service”, “Certificates of Efficiency”, and “Continuous Discharge Books” were removed

These documents are no longer issued by the Coast Guard. The Coast Guard discontinued this practice before the publication of this proposed rule. Continued reference to these certificates and books creates undue confusion. This rule would update the regulations to conform with practice and reduce confusion.

Parts 10-16

Miscellaneous linguistic edits

Many non-substantive edits are proposed throughout subchapter B to improve clarity and support the government's plain language initiative. Because of their large volume, only substantive changes are specifically identified in this table.

Parts 10 and 12

A reorganization of 46 CFR subchapter B is proposed as follows: The regulations specific to officer endorsements that are currently contained in 46 CFR part 10 would be moved to create a new part 11 (there is no part 11 in the current regulations). The elements of part 12 specific to rating endorsements would stay in part 12. Those elements regarding application processes currently contained in parts 10 and 12 would be combined to create a new part 10 that would contain the application process for the MMC

The application requirements, appeals processes, etc. for MMDs and Licenses (formerly § § 10.100 to 10.223 and 12.01-1 to 12.02-29) that are not distinct to either officers or ratings would be combined and located at the beginning of the subchapter. Those elements of the current regulations, parts 10 and 12, that are specific to either officers or ratings would be kept separate, and retained in either part 11 (for officers) or part 12 (for ratings). In order to avoid confusion, the requirements for officers would be moved to create a new part 11, and the new general requirements for all MMCs would be inserted 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 § 11.105)

(a) Moved to § 10.217. The requirements of (b) and (c) were replaced with language in § 10.209(c)(3) reflecting the agreement between TSA and Coast Guard to share this information

Paragraph (a): moved for organizational purposes. Paragraphs (b) and (c): Since the Coast Guard would no longer issue Licenses after this rule becomes effective, the application procedures for Licenses and MMDs would be combined into the procedures for the application for MMCs. Throughout this proposed regulation, to the extent possible, application requirements, training, and any other qualifications required to obtain the current 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, 10.111 and 10.112

Tables and text moved to § 10.219.

The fee charts for the issuance of Licenses, MMDs, CORs, and STCW Certificates would be merged. The fee structures were retained and the only changes that were made were linguistic and organizational changes to reflect 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.

§ 10.201

(b) Moved to § § 10.211 and 10.213. First part moved to “Criminal Record Review”, second part moved to “National Driver Register”

(e) Moved to § 10.221.

(h) Moved to § 10.211, except:

In (h)(1), the first sentence would be deleted, and the fourth and fifth sentences would be moved to 10.209.

(i) Moved to § 10.213.

(j) Moved to § § 10.211 and 10.213.

All other paragraphs retained in § 11.201, but relettered. New § 11.201 also includes some sections from the former § 10.202, which are discussed below.

New paragraph (e) added language that the required evidence of age may be established using the applicant's proof of citizenship.

Newly redesignated (f) added “, hearing, and general physical condition” to the listing of physical checks.

Newly redesignated (g) added “from the date the application is approved”. NEW (h) taken from § 10.201(e).

Since the Coast Guard would no longer be issuing Licenses after these proposed changes take effect, the application procedures for Licenses and MMDs would be combined to create the application procedures for the MMC. The paragraphs in this section would be relettered to fill the gaps of the sections removed. Unless otherwise stated below, even though the organization changed, the application requirements would not be substantively changed.

Current (h)(1): The discussion of fingerprints was moved to 10.211. As discussed elsewhere in this table, a mariner would no longer be required to appear at an REC to provide fingerprints. This data will be shared with the Coast Guard by TSA.

New paragraph (e): Added for clarity. Proofs of citizenship are used to establish age. This is already done in practice. The proof of citizenship will be submitted by the applicant to TSA in the TWIC enrollment process and electronically 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. Formerly said valid for 12 months, but did not say 12 months from when.

§ 10.202

§ 11.202—renamed

(a) Moved to § 11.201(g) above.

(b) and (c) Moved to § 10.205.

(d) Moved to § 10.225.

(e) Combined in § 11.201(b) above to remove duplicative 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.

Section 11.202 would be renamed to discuss only those elements of the former § 10.202 that were specific to STCW Endorsements. All other paragraphs would be retained, but moved into other sections in part 10 for organizational purposes.

§ 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

(c) Deleted.

(d) Moved to § 10.215.

(f)(2) Moved to § 10.211.

(j) Moved to § 10.209.

(k) Moved to § 10.213.

(l-o) Moved to § 11.202 above. (Combined the STCW endorsement information into one place). All other info here was renumbered. NEW (e)(1): Changed “within the past 12 months” to “not more than one year before the date of application”.

Reorganized. Combined the application elements for Licenses that now apply to the MMC, and moved those application elements that apply only to officers into new part 11. Many of the elements of § 10.205 would be moved, but unless stated otherwise below, the substantive elements of the section would be retained.

(b) Removed because it is duplicative, the substance is contained in § 11.201(e) above.

(c) Removed because under this proposed rule, applicants will no longer be required to submit proof of citizenship 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 applicant's proof of citizenship with the Coast Guard if the applicant 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, chemical testing, criminal record review, National Driver Register (NDR) and medical/physical requirements) were moved to 10.209. The remaining paragraphs were moved to the raises of grade regulations at the new § 10.231

The material in this section involved the application procedures to obtain raises in grade of endorsement. The substance of the section would be retained, but moved for organizational purposes to be in the more general MMC section of the regulations. The intent was to place as many of the application requirements as possible within the same part (part 10) to make the regulations more organized and clear.

§ 10.209

All paragraphs currently contained in section 10.209 were moved to section 10.227 with the exception of paragraphs (a)(2), (e)(2), (e)(3), (e)(3)(F)(iii) and (e)(4)

(a)(2)—The requirement to appear in person to be fingerprinted and provide evidence of identity would be removed.

(e)(2) Renewal in advance. Currently, Licenses can only be renewed within 12 months of expiration. This limitation would be removed.

(e)(3) The requirement to appear in person to be fingerprinted and provide evidence of identity would be removed.

(e)(3)(F)(iii) Moved to § 10.205.

(e)(4) Concurrent renewal of licenses, certificates of registry, and merchant mariner documents would be deleted.

General: The merging of the License with the other mariner qualification documents requires a merger of the renewal requirements. All elements of this section would be retained with the exception of those sections discussed below:

(a)(2) Now that the identity portion of the application process would be conducted by TSA, the TWIC would be the mariner's primary identity document. The MMC is only intended to be a qualification document, which will have identity information on it to comply with the STCW convention. When a mariner is approved for a TWIC, TSA will electronically send to the Coast Guard the individual's photograph, fingerprints, and proof of citizenship/alien status. The mariner must provide TSA with a fingerprint and appear at a TSA-enrollment station twice—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 needlessly duplicative, so the requirement would be removed. The same line of reasoning applies to proof of legal residency 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 periods 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 imposed to prevent constant renewals which would overwhelm the RECs and lead to backlogs. Since this limitation 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 renewed concurrently. The requirement to supply any supplementary 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 already have been renewed.

§ 10.215

Moved to § 10.223

The merging of the License with the other mariner-qualification documents requires a merger of the renewal requirements. The substance of the section would be retained unless otherwise mentioned below.

§ 10.219

First sentence of (a) moved to § 10.233, the remainder was moved to § 10.229

The merging of the License with the other mariner-qualification documents requires a merger of the requirements for holders and the issuance of duplicates. The substance of the section would be retained unless otherwise mentioned below.

§ 10.221

Moved to § 10.233

The merging of the License with the other mariner-qualification documents requires a merger of the obligation requirements. The substance of the section would be retained unless otherwise mentioned below.

§ 10.223

Moved to § 10.235

The merging of the License with the other mariner-qualification documents requires a merger of the suspension and revocation requirements. The substance of the section would be retained unless otherwise mentioned below.

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. The remainder would be retained in 12.01-1

Paragraph (a)(3) involves the review of an applicant's 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 addressed 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

(b) Moved to § 10.217.

(a) The Coast Guard no longer issues the documents in 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) Moved to § 10.211.

(b) Moved to § 10.209.

(d) and (e) Moved to § 10.213.

(a) and (c) Would be moved to part 10, and incorporated into the general application procedures. The requirements would not be changed, other than that the security check portion of the process will already have been completed 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 safety risk and that they are qualified for the MMC and endorsement sought. Furthermore, as discussed elsewhere in this table, the fingerprints now required to be submitted by the mariner at an REC could be transmitted electronically by TSA from the applicant's TWIC application.

(b) This requirement would be retained, but moved for organizational 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, efficiency, 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 “* * * of 500 gross tonnage (200 gross register tons)”

(d) Change would be made to correct typographical error.

§ 12.02-9

(a) Parts added to § 10.209, the rest was deleted

(b) Deleted.

(c) Moved to § 10.209.

(d) and (f) Moved to § 10.209.

(e) Moved to § 10.225.

(g) Moved to § 10.211.

(h) Moved to § 10.213.

(a) The general requirements of this paragraph would be retained and moved to part 10. The only change is that references to continuous discharge books and certificates of identification would be removed as these are no longer issued by the USCG.

(b) These paragraphs would be deleted because photographs 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 organizational purposes. Also, a non-significant technical change was made to remove references to obsolete credentials.

§ 12.02-11

(a) and (c) Moved to § 10.201

(b) Deleted.

(c) Moved to § 10.205(g).

(d)(1) [now (a)(1)] Removed reference to the fact that an MMD endorsed for “any unlicensed rating in the deck department, except able seaman” would not have to show his license to serve in any unlicensed capacity in the deck department except able seaman.

(d)(3) Deleted.

(e)(1) Deleted.

(g) Deleted.

(d)(2), (e)(2), (f), (h), and (i) All retained in § 12.02-11, and re-lettered to account for the paragraphs that were removed.

(a) The regulation would continue to reference the Coast Guard form number that the credential would be issued on, but would reference a new form number to reflect the new credential. The application form would have to be revised to incorporate the changes reflected in this rule.

(b) This paragraph is no longer relevant as there should no longer be valid certificates of service, certificates of efficiency, or certificates of identification. Also, all qualifications would appear on one document, so there would be no need to cross reference anything.

(c) This paragraph refers to the fact that an MMD also serves as a certificate of service. As the new regulation would be removing the MMD, this provision is unnecessary. 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 another, 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 discharge 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; Hazardous 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 inserted into parts 10, 12, and 15 to require the possession 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

The remainder moved to § 10.209.

(c) This paragraph would be deleted to conform to changes 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.

§ 12.02-17

(b) Moved to § 10.205

(c) Moved to § 10.209.

(d) Moved to § 10.207.

(e) Modified and moved to § 10.209.

(h) Deleted.

The remaining paragraphs have been retained in this section. Also, the title of the section was renamed to “Examination procedures and denial of rating endorsements.”

(b), (c), (d) and (h) The requirements were retained, but moved to part 10 for organizational purposes.

(e) An individual who applies for an MMD under the current regulations, must pass a medical examination, but conflicts exist between the terms used in the licensing regulations from those used in the MMD regulations with respect to who can perform those examinations. Section 12.15-5(a) said that Qualified Members of the Engine 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 reputable 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 fitness 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 assistants, and licensed nurse practitioners, the proposed regulation reflects the titles of the specific professionals who may provide this service.

The title of the section would change to reflect its new content.

(h) The MMC shows only a mariner's qualifications and would not be a proof of their identity or allow them access 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 continuation 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 proposed 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:

(a)(2) Deleted.

(c)(2) Deleted.

(d) Modified and moved to 10.215.

(e)(2) Deleted.

(e)(4) Deleted.

(e)(5) Deleted.

The requirements from this section would be retained, but moved to part 10 for organizational purposes with the following exceptions:

The reference number for the Coast Guard application form will be changed once the application form is finalized and cleared through the Office of Management and Budget (OMB).

Paragraph (a)(2) would be removed as personal appearance 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 licensed medical doctor (including a Doctor of Osteopathy), 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.

Paragraph (e)(4) would be removed because after the promulgation of this regulation, there will only be one credential 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 required 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 Subchapter B Definitions

Added definitions for the following terms:

Apprentice mate (steersman) of towing vessels (existing definition amended)

Credential

Day (Added “When computing service required for Mobile Offshore Drilling Unit (MODU) endorsements a day is a minimum of four hours, and no additional credit is received for periods served over eight hours.” to the existing definition.)

Endorsement (Existing definition modified)

Fails a chemical test for dangerous drugs (Existing definition modified to match part 16)

Great Lakes

Invalid credential

Merchant Mariner Credential (MMC)

MMC Application

Officer Endorsement

Officer in Charge of Marine Inspection (OCMI)

Rating Endorsement

Readily Available

Criminal Record Check

Staff officer

STCW Endorsement

Transportation Worker Identification Credential (TWIC)

The creation of the new paragraph (b) is discussed above in the section discussing changes that occurred throughout subchapter B and the combination of definitions.

Apprentice mate (steersman) of towing vessels:

This definition was amended to include the words “and in the presence of” due to the definition of the term “directly supervised”. The Coast Guard wants to make it clear that apprentice mates of towing vessels must be supervised in the presence of a master or mate and arrangements such as the use of two-way radios are not acceptable.

Credential:

Because mariners would be allowed to receive their MMCs over a period of up to six years (as their license, MMD, etc. expires plus the one-year administrative grace period), for those six-years some mariners may hold an MMC and others may hold any number of the current credentials. The term “credential” is used to reference any and all of the potential documents held by the mariner. At the close of this six-year period, a technical amendment is expected which will remove all remaining references to documents, licenses, and certificates as well as remove the term “credential” and insert “MMC”.

Endorsement:

Would be modified to reflect that endorsements would be notations of qualifications that appear on a person's MMC.

Day:

Would combine the definitions of Day and Service from § 10.103.

Fails a chemical test for dangerous drugs.

There are differences between the definitions for 10, 12, and 16. The definition used in part 16 had the most clear and inclusive wording, so it would be retained.

Great Lakes:

This definition is contained in the current regulation 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 definition 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 endorsements 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 amended 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 performs a safety and security check before issuing documents. After DHS' TWIC rule and this rule, TSA would 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 otherwise qualified to hold the MMC and any particular endorsements sought. A definition for this term would provide further clarity.

Transportation Worker Identification Credential (TWIC):

This is a new credential required by statute and implemented by a proposed regulation published simultaneously 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 Classification of Endorsements

NEW

This section was created for clarity. Since the new MMC system would involve endorsements for all of the classifications previously contained on separate documents, this list provides an easy method of determining under what classification a particular endorsement falls.

§ 10.201 General Characteristics of the Merchant Mariner Credential

Advises that qualifications will now appear as endorsements on an MMC and that the mariner's TWIC will serve as their primary identification document.

Advises that the Coast Guard will no longer issue MMDs, Licenses, STCW Endorsements, or Certificates of Registry.

Because the requirement to hold a TWIC would require mariners to potentially carry up to five credentials, in the interest of reducing the burden on the mariner and the Coast Guard, we propose in this NPRM to combine the credentials. TSA will verify the applicant's identity and conduct all security vetting. The TWIC would therefore serve as the mariner's identification document. The remaining elements of the License, MMD, COR, and STCW Endorsement would be combined on one document: the MMC. The MMC would look much like the current STCW Endorsement, and would contain endorsements 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 endorsements. 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 qualifications in the form of endorsements.

§ 10.203 Requirement to Hold a TWIC and a Merchant Mariner Credential

Retains the obligation that all merchant mariners must hold a TWIC (this requirement would be imposed in the proposed rule published by DHS simultaneously with this rule entitled “Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License”)

Creates the five-year phase-in period for the MMC by requiring the MMC but allowing mariners to serve under their License, MMD, COR and/or STCW Endorsement for five years after the effective date of the final rule, or until it expires.

Requires the MMC to be produced to verify qualifications and the TWIC to be produced to verify identity when required by an authorized official.

In DHS' TWIC rule implementing the requirements of 46 U.S.C. 70105, any individual issued a License, Certificate of Registry, or MMD under part E of subtitle II of title 46 U.S.C. must hold a TWIC. This proposed regulation would retain that requirement which would be created by the DHS TWIC rule. The requirement to hold a TWIC is not new with this rule.

This section proposed the obligation for mariners to hold an MMC, but allows for a grace period. Over a five-year period, mariners will be required to get an MMC. Mariners will be issued the new MMC at the time that they choose to renew their current credentials. This means that during the first five-year period after this proposed rule becomes effective, when a mariner's License, MMD, 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 create an additional burden by requiring mariners to obtain the new MMC during the validity of their current credential. 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 period.

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 authorized official to verify the mariner's identity or qualifications. This could occur, for example, when the mariner seeks unescorted access to the secure areas of a MTSA-regulated vessel or facility or when the vessel is inspected by Coast Guard or other law enforcement personnel.

§ 10.205 Validity of a Merchant Mariner Credential

Added:

(b) All endorsements are valid until the expiration date of the MMC on which they appear.

(f) An STCW Endorsement is valid only when the related officer or rating endorsement is valid.

(h) If a mariner holds more than one credential, and they choose to renew and receive their first MMC, the Coast Guard may also renew all other credentials for which the mariner is qualified.

(b) Since the proposed MMC would be a single credential with multiple endorsements, creating an MMC that would expire on one date, listing endorsements that could expire on multiple dates could be confusing to the mariner, Coast Guard inspection personnel, employers, and/or domestic or foreign port officials. This rule proposes that any endorsement on the MMC is valid for the period of the MMC on which it is written. This retains the five-year 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 expiration dates would not be reflected on the MMC (

i.e.

Radar Certificates).

(f) If an officer or rating endorsement is suspended or revoked, 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 exists in the current regulations).

(h) The Coast Guard has long encouraged merchant mariners to synchronize their credential expiration dates foreseeing 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 expiration 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 periods. Like the License, COR and MMD, the MMC, would be valid for five years and would be renewed for additional five-year periods. The endorsements thereon, however, could potentially be valid for less than five-year periods unless the mariner voluntarily aligns their expiration at the initial issuance of their MMC.

§ 10.207 Identification Number

Added: “However, a unique serial number, and not the social security number will appear on the credential”

This would be added for clarity to make it as clear as possible that although an individual's social security number will be used as the individual's MMC identification number, 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 number throughout the history of the mariner-credentialing process.

§ 10.209 Application Procedures

(a) All general requirements for MMC applications are contained in this section. Any additional requirements above and beyond those set out in this section for duplicates, renewals, or raises in grade are contained elsewhere in this part

(b) Coast Guard is given the option to process incomplete applications, although policy will remain that only complete applications will be processed.

(c) All of the application requirements were combined into one place.

(2) The mariner must show proof of a valid TWIC to show proof of identity.

(3) A complete application includes fingerprints, photograph, FBI number and criminal record (if applicable), proofs of citizenship and proof of alien status (if applicable). This information will be shared with the Coast Guard by TSA. The information will be submitted by the applicant to TSA in the TWIC enrollment process.

(4) References were made to the specific requirements that must be met for the particular endorsement sought.

(10) The current language from § § 10.205(e)(1) and 12.02-9(c) differed with respect to this pre-existing requirement. The chosen language reads: “* * * name, tonnage, and horsepower of the vessels, dates of service, capacity in which the applicant served, and on what waters.”

(d) A list of items that may be submitted by mail has been retained even though a mariner could now potentially conduct the entire application process by mail.

(a) For purposes of organization, all application requirements that apply in the pre-existing regulations to MMDs, Licenses, CORs, STCW Endorsements, renewals, duplicates and raises in grade would all be included in section 10.209. The goal is to put as many of the requirements as possible in one place to make the process as simple and clear as possible. Those additional requirements for duplicates, renewals, or raises in grade would be contained in sections placed later in this part so that all application requirements (to the extent possible) would

all

be contained within the same part.

(b) Currently, the regulations state that the Coast Guard is prohibited from processing incomplete applications, with no exception. The proposed rule says that the Coast Guard “may” refuse to process incomplete applications. While it will remain Coast Guard policy to refuse to process incomplete applications, to allow for better customer service the proposed regulations were edited to allow for some leniency with extenuating circumstances.

(c) Whereas all of the application requirements for Licenses and MMDs are currently spread throughout parts 10 and 12, this regulation proposes to list them in a manner that is as clear and succinct as possible. All requirements in this paragraph exist prior to the promulgation of this rule and have been merely moved from preexisting text unless stated below:

(2) The requirement that a mariner hold a valid TWIC is proposed in the DHS rulemaking entitled “Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License” which is published simultaneously with this proposed rule. This rule proposes to accept a valid TWIC as proof of identification in lieu of the identification requirements currently existing 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 remove the appearance requirement since the applicant's photograph, fingerprints and proof of citizenship/alien status will be provided to the Coast Guard by the Transportation Security Administration (TSA). We propose removing the appearance requirement to relieve a burden on the mariner, and prevent against unnecessary duplication in submission efforts. TSA would conduct a full security-and-background screening of the applicant before issuing the TWIC and has agreed to share with USCG the necessary information to conduct our background check for safety-related offenses and ensure that the mariner satisfies the appropriate citizenship requirements 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 citizenship, 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 flagging 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 endorsement that they seek.

(10) The phrase “amount and character of their experience” 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 inclusion 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 submitted by the applicant in the TWIC process

TABLE:

Taken directly from Table 10.201(h) and 12.02-4(c) except that crimes against national security have been removed entirely.

(b) This supports the change in § 10.209(d) for the same reasons discussed above.

TABLE: The crimes against national security would be removed in their entirety because TSA will screen against these crimes when determining eligibility for the TWIC. If 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 Driver Register

Removed information regarding how to request an NDR file check for personal use

In the current regulations, § § 10.201(i)(3)(i) and (ii) and 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 request 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 originally 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.

§ 10.215 Medical and Physical Requirements

The medical requirements for all endorsements were combined into one section, and a reference table was added for clarity

(a) Came from § § 12.02-27(d), 10.205(d)(1) and 10.202(a). Any required exam must have been performed by a licensed medical doctor (including a Doctor of Osteopathy), or licensed physician assistant. Physicals for Great Lakes Pilots must be conducted by a licensed medical doctor in accordance with 46 CFR 402. Added licensed nurse practitioners to the list of individuals who may perform exams.

(i) Came from § § 10.709(b), 10.7107(d)(3) and 10.402.210.

(ii) Came from 46 CFR 402.210.

(b)(1) Came from § 10.205(d)(2).

The statement regarding the loss of vision in one eye was derived from §§ 10.205(d)(4), 10.209(d)(3) and 10.207(e)(3). The 6 month limitation was derived from a medical directive. The waiver for compensation of abilities is also required by STCW B-I/9.7.

(2) Came from § 10.205(d)(3).

(3) Came from § 10.202(f).

(c) Came from §§ 10-209(d), 12.05-5, 12-02-27(d) and 12.15-5 and new language was inserted setting particular hearing thresholds to meet.

(d) Came from § § 10.205(d)(1), 10.202(d), 10.207(e), 10.209Id)(1) and (2), 12.02-27(d), 12.05-5, and 12.15-5. The food handler requirement came from § 12.25-20.

(e) Came from § § 15.1107(a), 12.05-5, and 12.02-17(e).

(f) Came from § § 10.202(a) and 12.02-27(d).

(g) Came from § § 10.205(d)(4), 10.207(e)(3), 12.05-5(3) and 12.15-5(3).

Changes within Table and corresponding paragraphs (b) through (g):

*The table was added, but contains no new substantive requirements than those that exist elsewhere in the section.

*The table differentiates between vision test, hearing test, general medical exam and physical exam.

*Staff officers are required to obtain a physical exam.

(a) Those who may perform exams differ for officers and ratings in the Coast Guard's current regulations. Section 12.15-5(a) now says that QMEDs can have their eyes, hearing, and physical condition checked by a medical officer of the United States Public Health service or any other reputable physician. The same is said for able seaman for their physical requirements in § 12.05-5(a). But all mariners seeking MMDs have to have their medical fitness evaluated by a “qualified medical practitioner”. Similarly all applicants for Licenses are required to have a physical exam conducted by a “licensed physician or licensed physician assistant” in § 10.205(d). Due to the contradictory terms used, and that it is common practice for individuals to seek these services from licensed medical doctors (including Doctors of Osteopathy), licensed physician assistants, and licensed nurse practitioners, this language was chosen.

We propose to add licensed nurse practitioners to the list of individuals allowed to conduct exams because RECs have been accepting exams conducted by these individuals as a matter of policy.

The criterion for assessing medical and physical competence are published by the Coast Guard in a Navigation and Vessel Inspection Circular available on the Coast Guard Homeport Internet website.

(c) Hearing exams are already required in the current regulations, but no particular standards are provided. Since specific standards are provided for visual acuity and color sense, and specific standards for hearing are contained in a Coast Guard policy document, it was determined that these particular hearing requirements should be codified so that clear standards would be set.

TABLE:

*The elements contained in the table all exist within the regulatory text. The table would be added to provide the public with a simple, quick reference to determine those elements that apply to each particular endorsement sought.

*Although both medical exams (currently referred to as medical fitness) and demonstrations of physical ability are both technically required under the current regulations, this is not clearly expressed. The demonstration of physical ability requirement is contained in the STCW Code which is incorporated by reference instead of restated 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 reference 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 Application and Examination Locations

(b) Created the ability for the Coast Guard to designate other facilities, in addition to RECs, to provide MMC services to applicants

In the interest of providing better customer service, the Coast Guard has been investigating the feasibility of offering additional locations for credentialing services. Some of the options considered have been establishing collection/issuance services at other Coast Guard facilities, or purchasing mobile live scan and any other technology necessary to allow for Coast Guard representatives to visit more remote locations or otherwise travel. This concept is expected to grow with the reduced reliance on RECs through the removal of the appearance requirement proposed by this rule. This concept is, however, still in development and only the legal authority is created here in this regulation. At this time, only the RECs will offer credentialing services.

§ 10.219 Fees.

Minor edits made to table

(e)(2) One examination fee will be charged for each exam or series of exams for an original, raise in grade, or renewal of an endorsement on an MMC taken within one year from the date of the application approval. An examination fee will also be charged to process an open book exercise used to renew an MMC.

(e)(3) Only one issuance fee will be charged for each MMC application.

(g) A $5,000 civil penalty will be imposed against anyone who fails to pay a fee or charge established under this subpart.

Minor edits are proposed for the tables in §§ 12.08-18 and 10.109. The fee structure was essentially retained, with the only changes being the renaming of the various endorsements that may be obtained vice references to MMD, License, COR, or STCW Endorsement. The overall user fees would remain the same except for the reduction in issuance fees that would occur since under the current regulations, a $45 issuance fee is charged for each of the three credentials issued (no fee is charged for the STCW Endorsement), and the proposed regulations will only charge the $45 issuance fee once 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 always 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, whenever a new MMC must be issued with new endorsements, 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 corresponding 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 underscore the importance of paying the fee for the credential the civil penalty would now apply to all mariners.

§ 10.221 Applications submitted by aliens

With the exception of OUPVs, only U.S. citizens may receive officer endorsements, and only legal resident aliens may receive MMCs

The Coast Guard will no longer be in the business of collecting proofs of nationality and alien status. All of this information will be collected by TSA and shared electronically 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 exemption for OUPVs, as well, is a carry over from the current regulations.

§ 10.223 Modification or Removal of Limitations

Taken from § 10.215, expanded from limitations on licenses to all endorsements

Substance transferred from the current § 10.215. References to limitations on a license were expanded to “endorsements” to include officer endorsements as well as STCW Endorsements.

§ 10.225 Issuance of Merchant Mariner Credentials

(b) The oath requirements for officers and ratings would be combined and they could be taken before a notary public, rather than in front of an REC employee

(d) An exception for lost or stolen credentials was added to the requirement to return the previously issued credential when a new one is issued

(b) The elements of the oath requirements currently set out in parts 10 and 12 would be combined to create a single oath to be taken by all mariners. This combined oath meets the requirements of 46 U.S.C. 7105 and 46 U.S.C. 7305. The oath may now be taken before a notary 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 approved.

As long as the mariner's identity and citizenship can be established from either information submitted by TSA or information 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 applicants to verify identity and national security risk. An MMC would not be valid without a valid TWIC. The mariner's fingerprints, photograph, and citizenship/alien documents 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 return 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 requirement.

§ 10.227 Requirements for Renewal

(a) Applicants for renewal must meet the requirements of this section in addition to the requirements in § 10.209

(c) Approved applications are valid for 12 months from the date of approval.

(h) The reference to § 10.202 and (l)(m)(n)and (o) of § 10.205 was removed and replaced with a reference to § 11.202.

(i) Mariners seeking to renew their credentials for continuity purposes only will now receive a Certificate of Continuity in lieu of a notation for inactive renewal.

(a) Because § 10.209 includes application requirements for renewal, duplicate, and raises in grade as well as originals, those requirements contained in 10.209 need not be restated here.

(c) Added for clarity. The current regulations state that approved applications are valid for 12 months, but does not state when that 12 month period begins.

(h) The reference to § 11.202 was made to update the citation to reflect the change to part 11 and the consolidation 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 credentials 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 requirement 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 proposed in this regulation, mariners who renew their credentials for continuity only would obtain a certificate of continuity. A certificate of continuity would serve as a receipt 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 credentials. 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 addition to satisfying the basic renewal requirements applicable to all mariners.

§ 10.229 Issuance of Duplicate Merchant Mariner Credentials

(a) Proposes to add a requirement that the Coast Guard confirm that the mariner holds a valid TWIC before issuing a duplicate credential

(b):

Instead of setting forth specific language that must appear on a duplicate MMC, the regulation sets out information about the replaced credential that must appear on the duplicate.

After the effective date of this rule, all duplicate credentials issued will be in the form of MMCs.

It establishes how the RECs are to determine expiration date if the mariner seeks duplicates of more than one credential within the 5 year transition period.

(f) Criminal record reviews are required for all applicants seeking duplicate credentials.

(a) Since the proposed DHS TWIC rule and 46 U.S.C. § 70105 require that all credentialed mariners must hold a valid TWIC, the Coast Guard proposes to make the validity of the MMC dependent upon whether the holder also holds a valid TWIC. With this new language, no MMC would be valid without a valid TWIC. Therefore, the Coast Guard would confirm that the applicant holds a valid TWIC before issuing an MMC.

(b):

The current regulations state that the duplicate will state “This Merchant Mariner Document (or License, etc.) replaces Merchant Mariner Document Number—issued at—on the above date.” Since the Coast Guard would no longer be issuing MMDs or Licenses, specific language that would appear on the credential is unnecessary so long as the credential references the serial number, type, place of issue, and date of issue of the replaced 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 receives his or her first MMC, he or she requests a duplicate 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 resolution of this difference in requirements is necessary to consolidate the credentials. We propose to conduct criminal record reviews prior to the issuance of any duplicate 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 Requirements for raises of grade for officer endorsements

(c)(2) Included “or other Coast Guard-designated facility” to the requirement that the application be submitted to the REC

This section contains only those application requirements that are required in addition to those in § 10.209 for raises of grade.

This is to allow for the Coast Guard to enroll mariners at locations other than RECs should this alternate option be exercised by the Coast Guard in the future.

The requirements that would be removed from this section are still required for all applicants, including raises in 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 ADDITIONAL 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 Obligations of the Holder of a Merchant Mariner Credential

(b) Lost credentials may be reported to any Coast Guard office, not necessarily to an Officer in Charge, Marine Inspection (OCMI)

(c) Invalid credentials must be returned to the Coast Guard upon request.

(b) This change is proposed for the convenience of the mariner to allow them to report the loss at a larger number of locations.

(c) To support suspension-and-revocation actions, when a credential is invalid the mariner must return it to the Coast Guard upon request.

§ 10.235 Suspension or Revocation of Merchant Mariner Credentials

(b) The requirements in this paragraph are essentially the same as the current regulatory text except that the following was added: “When an officer endorsement is revoked, the Coast Guard will issue an MMC containing any rating endorsement for which the holder is qualified.”

(g) Added: “If the Coast Guard is advised by the Transportation Security Administration that a mariner's TWIC has been revoked, the mariner's credential will immediately become invalid. If a credential is invalidated in this manner, the Coast Guard will notify the applicant in writing of the invalidation, the reason for the invalidation, and their right of appeal.”

(b) This sentence was proposed to account for the fact that a mariner could hold one document that contains both officer and rating endorsements, and a mariner could have their officer endorsement revoked for reasons that would not result in the revocation of a rating endorsement. To protect against an inadvertent revocation of all endorsements for acts that would otherwise only result in the revocation of an officer endorsement, a provision was proposed that the Coast Guard will issue an MMC containing those rating endorsements for which the holder remains qualified.

(g) An MMC would be invalid unless the mariner also holds a valid TWIC. In its proposed TWIC rule, TSA establishes 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 exercise 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), 10.465(f), 10.476, 10.603(b), 10.805(b), 12.02-3(a), 12.02-5(a) and (b), 12.02-11, 12.05-7(c) and (d), 15.610(b) and (c)

(Section references do not reflect the movement of part 10 to part 11.) Deleted

These sections would be removed in their entirety because they have been overcome by time or previous changes in regulation and either no longer need to be retained or contain references to documents no longer issued by the Coast Guard.

§ 12.05-3

(a) (2) Added a reference to both physical and medical examinations

Change made to conform to the changes proposed in the new § 10.215.

IV. Regulatory Evaluation

A. Executive Order 12866 (Regulatory Planning and Review)

Executive Order 12866, “Regulatory Planning and Review”, 58 FR 51735, October 4, 1993, requires a determination whether a regulatory action is “significant” and therefore subject to review by the Office of Management and Budget (OMB) and subject to the requirements of the Executive Order. This proposed rule is not significant under Executive Order 12866 and has not been reviewed by OMB.

This proposed rule makes substantive changes to the requirements in 46 CFR parts 10, 12, 13, 14, and 15 for the form on which the mariner's qualifications appear and the credential that would serve as the mariner's primary identification credential, and makes many non-substantive nomenclature changes throughout Titles 33 and 46 of the Code of Federal Regulations. Title 46 lays out the standards for merchant mariners, including eligibility and training requirements to obtain credentials needed to serve in one of the many roles in the merchant marine; this rulemaking would not change these qualification requirements. This rulemaking would combine the elements of the Merchant Mariner's License (License), Merchant Mariner's Document (MMD), Standards of Training, Certification and Watchkeeping (STCW) Endorsement, and Certificate of Registry (COR) into one document, called the Merchant Mariner Credential (MMC). The MMC would serve as the mariner's qualification document. Simultaneous with this Notice of Proposed Rulemaking, a joint Notice of Proposed Rulemaking was published by the Coast Guard and the Transportation Security Administration entitled “Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License” (the “TWIC rule”). The TWIC rule implements requirements required by the Maritime Transportation Security Act of 2002 (MTSA) and would require all merchant mariners holding an active License, MMD, COR or STCW Endorsement to hold a TWIC. The TWIC is a biometric identification card.

With this consolidation, the TWIC would replace the MMD as the mariner's identity document, and the MMD, License, COR, and STCW Endorsement would consolidate into the MMC, which would serve as the mariner's qualification document. All current qualification and suitability requirements associated with Licenses, MMDs, STCW Endorsements, and CORs would remain the same with only minor exceptions.

All four credentials (MMD, License, COR, and STCW Endorsement) are currently issued at one of 17 Regional Examination Centers (RECs). For first time applicants, the process of obtaining an MMD, License, COR, or STCW Endorsement requires at least two visits to an REC. During the first visit, an

applicant must be fingerprinted by and establish his or her identity and legal presence in the U.S. to an REC employee.

At the successful completion of a safety-and-security review, verification of an applicant's identity, and verification that the applicant has satisfied all other requirements for the particular credential sought, an REC will issue the credential to the applicant. All first time applicants must then return to the REC a second time to receive their credential and take an oath to faithfully perform all duties required of them by law.

Individuals renewing credentials do not need to restate the oath and may receive their renewed credentials by mail. However, applicants seeking to renew their credentials must travel to an REC once to be fingerprinted by, and show proof of identification to an REC employee.

The proposed requirements to receive a TWIC are similar to the requirements to receive an MMD. In order for an applicant to receive a TWIC, the applicant would be required to travel to a designated TWIC enrollment center to submit fingerprints, proofs of identity, citizenship and alien status (if applicable). A background check would then be conducted to determine that the applicant is not a security risk. Once the applicant has been approved they must return to the TWIC-enrollment center to pick up the TWIC and prove their identity by a one to one match of their fingerprint against the electronic fingerprint stored on the card. If, during this process the applicant notifies the TWIC center of their intent to apply for an MMC. Then TSA will submit to the Coast Guard the applicant's fingerprints, photograph, proof of citizenship, proof of alien status (if applicable), and FBI number and criminal record (if applicable). This information will also be made available to the Coast Guard should the applicant decide to become a merchant mariner after the TWIC process has been completed.

Since the applicant's information and identity will have been verified by TSA, this proposed rulemaking would no longer require the merchant mariner to travel to an REC to submit identity information. In addition to allowing the merchant mariner to mail in their application, they may also mail in their notarized oath, which would be a nominal cost to the applicant. This would remove the requirement for a second trip to the REC center to pick up their card and take the oath. This rulemaking proposes to create the possibility for a mariner to receive his or her MMC entirely through the mail. Written examinations would still occur at RECs, and the RECs would remain accessible to mariners should they choose to seek their services in person.

The following sections discuss the baseline population of applicants that will be affected by this rulemaking and provides an assessment of the impacts to merchant mariners by this proposed rulemaking.

Baseline Population

The Coast Guard data for the number of affected merchant mariners came from the National Maritime Center (NMC), which provides credentialing, training, and certification services to all merchant mariners. There are approximately 205,000 credentialed merchant mariners. In addition to the current population of merchant mariners there are a number of new applicants every year.

Assessment

Under the current rule, applicants pay a $45 issuance fee for each credential that they apply for. Under the proposed rulemaking the applicants would only apply for an MMC and as a result would only be required to pay one $45 issuance fee regardless of the number of endorsements that they carry. This change represents not a reduction in any fee that a mariner must pay, but a reduction in the number of fees that the mariner must pay. Any mariner that would, under the current rules, solicit multiple mariner qualifying documents, would benefit from this change in the fee structure.

If the merchant mariner has not synchronized the expiration dates of his or her current credentials then they may currently be traveling to an REC multiple times. The issuance of the MMC would require mariners to track and update only one document and would potentially eliminate the need to travel to an REC. This would provide greater flexibility to the mariner. Currently, approximately 13,843 mariners have more than one credential and have not aligned their expiration dates. These mariners would not only receive a benefit from reduced application fees but also from fewer, if any, trips to an REC.

In order to reduce the burden of traveling and having to apply for a new MMC before the mariner's current credentials expire, this proposed rulemaking would allow mariners to apply for an MMC at the time that their current credentials expire, which would essentially phase in the MMC over a five-year period. Since all currently issued credentials are valid for five-year periods, all mariners would have to renew their credentials by the close of the five-year grace period. When a mariner applies to renew his or her MMD, License, COR, or STCW Endorsement, they would instead be issued an MMC, which would reflect all of their qualifications in the form of endorsements on the MMC. This would allow mariners to apply over a longer period of time and would not create an additional burden by requiring mariners to make an extra trip to the RECs. Mariners whose credentials do not expire simultaneously may choose to wait to renew the credentials that have yet to expire, but if the applicant later chooses to renew that credential, the expiration date of the MMC on which the endorsement would be added would not change unless the mariner also renews all other endorsements on the MMC.

Currently, mariners may only renew their credentials within 12 months of their expiration date. This proposed rulemaking would allow mariners to apply for renewal anytime before their current credentials expire, and up to one year after the expiration date. As a result, this rulemaking would provide greater flexibility to mariners by allowing them to apply for an MMC at the time they choose.

In the Licensing rule, published on January 13, 2006 (71 FR 2154), it was estimated that approximately 60 percent of current mariners live within one-day roundtrip travel to an REC, 30 percent live within overnight roundtrip travel (one night and two days) to an REC, and 10 percent live at a distance greater than overnight roundtrip travel (greater than one night and two days) to an REC. This was derived from national percentages for all mariners who have addresses on file with the NMC. In the TWIC rule, TSA and the Coast Guard foresee that there would be more TWIC centers than Coast Guard RECs. By allowing mariners to visit TWIC enrollment centers instead of RECs, this proposed rule would provide a potential benefit to mariners by reducing their current travel costs and time currently required to receive a credential.

In the Licensing rule, the cost for mariners to travel to and from one of 17 RECs was estimated. The travel cost to mariners for a one-day roundtrip travel to and from an REC is $387. The estimated cost to mariners for overnight roundtrip travel is $911. Applicants who live distances greater than 200 miles and must travel for more than one night would incur the maximum cost of $1,185.

The proposed TWIC rule will have the effect of transferring the cost of travel from an REC to the cost of travel to a

TWIC enrollment center, but that cost is associated with the TWIC rule, not with this rule. The overall cost for mariners associated with this rulemaking would decrease or remain the same and would serve to provide more flexibility to mariners since there would be more TWIC enrollment centers than RECs, so the distance required and the amount of time spent traveling would be reduced. Based on the percentages above, 60 percent of the mariners that live within one-day roundtrip travel would potentially receive the economic benefits of having a TWIC enrollment center located closer to them than one of the current RECs. The remaining 30 percent of mariners that live within an overnight round-trip travel and the 10 percent of mariners that live a distance greater than an overnight roundtrip travel have an increased likelihood of having a TWIC enrollment center located closer to them than one of the current RECs and would potentially receive an even greater benefit in travel cost savings from this proposed rule.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

We do not expect this proposed rule to have a significant impact on a large number of small entities. This rulemaking consolidates the number of credentials merchant mariners must carry and streamlines the application process in a way that would help prevent abuse, reduce cost and assist the Coast Guard in its effort to help secure U.S. marine infrastructure, commercial activities, and the free flow of trade.

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of U.S. small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rulemaking will have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under

ADDRESSES.

In your comment, explain why you think your business qualifies and how and to what degree this rulemaking would economically affect it.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding the proposed rule so that they could better evaluate its effects on them and participate in the rulemaking. If this proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the individuals listed in above in the section titled

FOR FURTHER INFORMATION CONTACT

.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

D. Collection of Information

This proposed rule would call for a collection of information under the Paperwork Reduction Act of 1995, Title 44, United States Code (44 U.S.C.) sections 3501-3520. This rulemaking would require modifying the burden in the collection currently approved by the Office of Management and Budget (OMB) under OMB Control Number 1625-0040.

This proposed rulemaking changes certain requirements in Title 46, Code of Federal Regulations (46 CFR) parts 10, 12, 13, 14, and 15 for the form on which the mariner's qualifications appear and the credential that would serve as the mariner's primary identification credential.

This proposed rulemaking would consolidate the following four credentials: The Merchant Mariner's Document (MMD), the Merchant Mariner's License (License), the Certificate of Registry (COR), and the Standards of Training, Certification and Watchkeeping (STCW) Endorsement, into a single document termed the Merchant Mariner Credential (MMC). This MMC would contain endorsements on it setting forth those positions for which the mariner is qualified as well as biographic information about the mariner.

This rulemaking would also allow the merchant mariner to mail in their application as well as their notarized oath, and receive their MMC in the mail. Mariners would no longer be required to travel to an REC to apply for and receive any credentials. See the Assessment discussion in the “Regulatory Evaluation” section for more information about the potential impacts to merchant mariners from this rulemaking.

This rulemaking would require an MMC application form, similar to the application forms for Licenses and STCWs. The Coast Guard is in the process of developing this form and will revise the collection prior to issuance.

As defined in 5 CFR 1320.3(c), “collection of information” comprises reporting, recordkeeping, monitoring, posting, labeling, and similar actions. The title and description of the collection of information, a description of those who must collect the information, and an estimate of the proposed changes to annual burden follow.

Title:

Continuous Discharge Book, Merchant Mariner Application, Physical Examination Report, Sea Service Report, Chemical Testing, and Entry Level Physical Report.

OMB Control Number:

1625-0040.

Agency Form Numbers:

CG-719A, CG-719B, CG-719K, CG-719S, CG-719P, and CG-719K/E.

Summary of the Currently Approved Collection of Information:

In accordance with 46 U.S.C. and 46 CFR, this collection of information is necessary to determine competency, character, and physical qualifications for the issuance of Coast Guard licenses, CORs, and merchant mariner documents.

Summary of the Modification to the Currently Approved Collection of Information:

This proposed rulemaking would reduce the collection of information requirements in 46 CFR parts 10, 12, 13, 14, and 15 for License, MMD, STCW Endorsement, and COR applicants. These new provisions would no longer require applicants to spend time traveling to and from an REC, nor to spend time waiting at an REC.

Need for Information:

The Coast Guard will be receiving the information required to process applications and verify the applicant's identity from TSA. It was determined that to require applicants to travel to an REC to submit this information again would be duplicative and burdensome for those applicants.

Description of Respondents:

The current OMB-approved collection requires certain applicants for original and subsequent issue credentials to have their fingerprints taken and their IDs checked at an REC. However, this proposed rulemaking removes this

travel requirement. Instead those applicants will be able to mail in their application and receive their MMC through the mail.

Number of Respondents:

The current OMB-approved number of respondents is 200,000. This number would be increased to 205,000 based on the most recent application data available from the National Maritime Center. This increase is not a result of the proposed rule. It is a change to reflect recent growth in the merchant mariner industry.

Frequency of Response:

The current OMB-approved number of responses is 73,294 each year. This proposed rulemaking would decrease the annual number by 23,294, to 50,000.

Burden of Response Time from Revision of Collection:

The burden of response time from this rule on certain applicants for MMCs will be reduced to include only the time spent filling out and mailing the application. Previously, the burden of response included the travel time to and from an REC and the time spent at an REC in order to have their fingerprints taken and IDs checked. The time for one day of travel was estimated to be eight hours and the time spent at an REC center was estimated at two hours. All of the time that applicants currently spend traveling to and from and waiting at an REC would be removed with this proposed rulemaking.

Estimate of Total Annual Burden Hours:

OMB recently approved an emergency temporary extension of the collection of information for the Licensing rulemaking, which increased the annual burden hours to 329,356. This proposed rulemaking would reduce that number by 307,481 annual hours. This is due to the removal of the travel requirements and the REC waiting and processing time. The total number of annual hours would be reduced to 21,875.

Estimate of Total Annual Burden Cost:

Recent revisions from the Licensing rule changed the total annual operations & maintenance (O&M) burden cost reported in the current OMB-approved collection to approximately $16 million. Since this rule would no longer require certain applicants to travel to and from an REC and to wait at an REC while processing fingerprints and IDs, there would be a reduction in the associated reporting cost burden. This proposed rulemaking will decrease the annual cost burden by approximately $16 million. There would not be a total annual O&M burden cost reported for the revised OMB-approved collection.

We request public comment on the collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the collection burden.

If you submit comments on the collection of information, submit them to both OMB and the Docket Management Facility where indicated under

ADDRESSES,

by the date under

DATES.

You need not respond to a collection of information unless it displays a currently valid control number from OMB. Before the requirements for this collection of information become effective, we will publish notice in the

Federal Register

of OMB's decision to approve, modify, or disapprove the collection.

E. Executive Order 13132 (Federalism)

This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, the Coast Guard certifies that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

The law is well settled that States may not regulate in categories expressly reserved for regulation by the Coast Guard. The law also is well settled that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel's obligations, are within the field foreclosed from regulation by the States. See

United States

v.

Locke

and

Intertanko

v.

Locke,

529 U.S. 89, 120 S. Ct. 1135 (March 6, 2000). Since this proposed rule involves the credentialing of merchant mariners, it relates to personnel qualifications and is foreclosed from regulation by the States. Because the States may not regulate within this category, this rule does not present new preemption issues under Executive Order 13132.

F. Unfunded Mandates Reform Act

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

G. Executive Order 12630 (Taking of Private Property)

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

H. Executive Order 12988 (Civil Justice Reform)

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

I. Executive Order 13045 (Protection of Children)

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

J. Executive Order 13175 (Indian Tribal Governments)

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

K. Executive Order 13211 (Energy Effects)

The Coast Guard has analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that Order. This rule would affect only the issuance of credentials to merchant mariners and

therefore is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

The Administrator of the Office of Information and Regulatory Affairs for the Office of Management and Budget has not designated this proposed rule as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.

L. Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This proposed rule does not use technical standards. Therefore, the Coast Guard did not consider the use of voluntary consensus standards.

M. National Environmental Policy Act

The Coast Guard has analyzed this proposed rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). We have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe this rule should be categorically excluded from further environmental documentation under Figure 2-1, paragraph (34)(c) of the Instruction. This rule involves matters of procedure only; it consolidates the credentials issued to merchant mariners and revises the application process for issuing those credentials. An “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are available in the docket where indicated under

ADDRESSES.

List of Subjects

33 CFR Part 1

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

33 CFR Part 20

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

33 CFR Part 70

Navigation (water) and Penalties.

33 CFR Part 95

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

33 CFR Part 101

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

33 CFR Part 110

Anchorage grounds.

33 CFR Part 125

Administrative practice and procedure, Harbors, Reporting and recordkeeping requirements, Security measures, Vessels.

33 CFR Part 141

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

33 CFR Part 155

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

33 CFR Part 156

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

33 CFR Part 160

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

33 CFR Part 162

Navigation (water) and Waterways.

33 CFR Part 163

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

33 CFR Part 164

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

33 CFR Part 165

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

46 CFR Part 1

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

46 CFR Part 4

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

46 CFR Part 5

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

46 CFR Part 10

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

46 CFR Part 11

Penalties, Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 12

Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 13

Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

Oceanographic research vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 15

Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 16

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

46 CFR Part 26

Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 28

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

46 CFR Part 30

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

46 CFR Part 31

Cargo vessels, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 35

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

46 CFR Part 42

Penalties, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 58

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 78

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

46 CFR Part 97

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

46 CFR Part 98

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

46 CFR Part 105

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

46 CFR Part 114

Marine safety, Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 115

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

46 CFR Part 122

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

46 CFR Part 125

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

46 CFR Part 131

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

46 CFR Part 151

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

46 CFR Part 166

Schools, Seamen, Vessels.

46 CFR Part 169

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

46 CFR Part 175

Marine safety, Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 176

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

46 CFR Part 185

Marine safety, Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 196

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

46 CFR Part 199

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

46 CFR Part 401

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

46 CFR Part 402

Great Lakes, Navigation (water), Seamen.

The Amendments

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

33 CFR Chapter I

PART 1—GENERAL PROVISIONS

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

Authority:

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

§ 1.08-5

[Amended]

2. In § 1.08-5(b)(1), after the word “licensed”, add the words “or credentialed”.

§ 1.25-1

[Amended]

3. In § 1.25-1(a), remove the words “documents, certificates, or licenses” and add, in their place, the words “merchant mariner credentials, merchant mariner documents, licenses or certificates”.

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

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

Authority:

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

5. In § 20.102—

a. In the definition for “Complaint”, after the word “merchant”, add the words “ mariner credential,”;

b. In the definition for “Suspension and revocation proceeding or S&R proceeding”, after the words “merchant mariner's”, add the word “credential,”; and

c. Add definitions for the terms “credential” and “Merchant Mariner Credential or MMC”, in alphabetical order, to read as follows:

§ 20.102

Definitions.

Credential

means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement.

(4) Certificate of registry.

(5) Merchant mariner credential.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate

which will be endorsed to reflect a mariner's level of qualification.

§ 20.904

[Amended]

6. In § 20.904—

a. In paragraph (e)(1) introductory text, after the words “certificate of registry” remove the word “or”; and, after the word “document”, add the words “, credential, or endorsement”;

b. In paragraph (e)(1)(i)(B), after the word “certificate” remove the word “or”; and, after the word “document”, add the words “, credential, or endorsement”;

c. In paragraph (f) introductory text, after the words “revocation of a”, add the words “credential, endorsement,”; and

d. In paragraph (f)(1), after the words “issuance of a new” remove the words “license, certificate, or document” and add, in their place the words “merchant mariner credential with appropriate endorsement”.

§ 20.1201

[Amended]

7. In § 20.1201—

a. In paragraph (a), remove the word “merchant mariner's license, certificate of registry, or document” and add, in their place, the words “mariner's credential”;

b. In paragraph (b) introductory text, before the words “license, certificate, or document” wherever they appear, add the words “merchant mariner credential,”; and

c. In paragraph (b)(2)(ii), after the words “renewal of the”, add the words “merchant mariner credential,”.

§ 20.1202

[Amended]

8. In § 20.1202(a), before the words “license, certificate of registry, or document”, add the word “credential,”.

§ 20.1205

[Amended]

9. In § 20.1205—

a. In the section heading, before the words “license, certificate of registry, or document”, add the words “merchant mariner credential,”;

b. In paragraph (a), after the words “move that his or her”, add the words “merchant mariner credential,”; and

c. In paragraph (b), after the words “return of the suspended”, add the word “credential,”.

§ 20.1307

[Amended]

10. In § 20.1307 paragraph (c)(2), after words “merchant mariner's license”, add the words “, merchant mariner credential,”.

PART 70—INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION

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

Authority:

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

§ 70.05-10

[Amended]

12. In § 70.05-10—

a. In the section heading, after the words “Revocation of”, add the words “merchant mariner credential officer endorsement or”; and

b. In the text of the section, after the words “shall also have his”, add the words “merchant mariner credential officer endorsement or”.

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

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

Authority:

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

§ 95.015

[Amended]

14. In § 95.015(b), remove the words “a licensed individual” and add, in their place, the words “an officer”.

§ 95.045

[Amended]

15. In § 95.045 introductory text, remove the words “a licensed individual” and add, in their place, the words “an officer”.

PART 101—MARITIME SECURITY: GENERAL

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

Authority:

33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.057-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1.

17. In § 101.105—

a. In the definitions for “Master” and “Operator, Uninspected Towing Vessel”, before the word “license” wherever it appears, add the words “merchant mariner credential or”; and

b. Add a definition for the term “Merchant Mariner Credential or MMC” to read as follows:

§ 101.105

Definitions.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

PART 110—ANCHORAGE REGULATIONS

18. The authority citation for part 110 is revised to read as follows:

Authority:

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

§ 110.186

[Amended]

19. In § 110.186(b)(3), after the words “English speaking licensed”, add the words “or credentialed”.

§ 110.188

[Amended]

20. In § 110.188(b)(10), after the word “licensed”, add the words “or credentialed”.

§ 110.214

[Amended]

21. In § 110.214(a)(3)(i), after the word “licensed” add the words “or credentialed”.

PART 125—IDENTIFICATION CREDENTIALS FOR PERSONS REQUIRING ACCESS TO WATERFRONT FACILITIES OR VESSELS

22. The authority citation for part 125 is revised to read as follows:

Authority:

R.S. 4517, 4518, secs. 19, 2, 23 Stat. 58, 118, sec. 7, 49 Stat. 1936, sec. 1, 40 Stat. 220; 46 U.S.C. 570-572, 2, 689, and 70105; 50 U.S.C. 191, EO 10173, EO 10277, EO 10352, 3 CFR, 1949-1953 Comp. pp. 356, 778, 873.

23. In § 125.09, revise paragraph (f) and add paragraph (g) to read as follows:

§ 125.09

Identification credentials.

(f) Transportation Worker Identification Credential.

(g) Such other identification as may be approved by the Commandant from time to time.

PART 141—PERSONNEL

24. The authority citation for part 141 is revised to read as follows:

Authority:

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

§ 141.5

[Amended]

25. In § 141.5(b)(1) remove the words “licensed officers, and unlicensed crew” and add, in their place, the words “crew, and officers holding a valid license or MMC with officer endorsement”.

§ 141.10

[Amended]

26. In § 141.10, add a definition for the term “Transportation Worker Identification Credential” to read as follows:

§ 141.10

Definitions.

Transportation Worker Identification Credential or TWIC

means an identification credential issued by the Transportation Security Administration according to 49 CFR part 1572.

§ 141.25

[Amended]

27. In § 141.25—

a. In paragraph (a) introductory text, remove the word “The” and add, in its place, the words “For the purposes of this part, the”; and

b. In paragraph (a)(1), before the words “merchant mariner's document”, add the word “valid”, and remove the words “under 46 CFR Part 12”.

28. In § 141.30—

a. In the introductory text, remove the first appearance of the word “The” and add, in its place, the words “For the purposes of this part, the”;

b. In paragraph (a), before the words “merchant mariner's document”, add the word “valid”, and remove the words “under 46 CFR Part 12”; and

c. In paragraph (b), remove the words “Immigration and Naturalization Service” and add, in their place, the words “Immigration and Customs Enforcement Agency”; and

d. Add a new paragraph (d) to read as follows:

§ 141.30

Evidence of status as a resident alien.

(d) A valid Transportation Worker Identification Credential.

§ 141.35

[Amended]

29. In § 141.35(a)(1), after the words “merchant mariner's document”, add the words “, Transportation Worker Identification Credential,”.

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

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

Authority:

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

§ 155.110

[Amended]

31. Revise § 155.110 to read as follows:

§ 155.110

Definitions.

Except as specifically stated in a section, the definitions in part 151 of this chapter, except for the word “oil”, and in part 154 of this chapter, apply to this part. The following definition also applies to this part:

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

§ 155.710

[Amended]

32. In § 155.710—

a. In paragraph (a)(2), after the word “license”, add the words “or officer endorsement”;

b. In paragraph (e)(1), remove the words “a licensed person” and add, in their place, the words “an officer”; after the words “holds a valid license”, add the words “or merchant mariner credential”; remove the words “part 10” and add, in their place, the words “chapter I, subchapter B,”; and after the words “merchant mariner's document”, add the words “or merchant mariner credential”;

c. In paragraph (f), after the word “MMD”, add the words “ or merchant mariner credential”; and after the words “either a license”, add the words “, officer endorsement,”; and

d. In paragraph (g), after the words “need not hold any of the”, add the words “merchant mariner credentials,”.

§ 155.815

[Amended]

33. In § 155.815(b), after the word “licensed” add the words “or credentialed”.

PART 156—OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

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

Authority:

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

§ 156.210

[Amended]

35. In § 156.210(d), remove the words “a licensed individual” and add, in their place, the words “an officer”.

PART 160—PORTS AND WATERWAYS SAFETY—GENERAL

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

Authority:

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

§ 160.113

[Amended]

37. In § 160.113(b)(4), remove the word “licensed”.

PART 162—INLAND WATERWAYS NAVIGATION REGULATIONS

38. The authority citation for part 162 is revised to read as follows:

Authority:

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

39. Add a new § 162.5 to read as follows:

§ 162.5

Definitions.

The following definition applies to this part:

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR Part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

§ 162.130

[Amended]

40. In § 162.130(c), in the definition for “Master”, after the words “means the”, remove the word “licensed”; and, after the words “vessel not requiring”, remove the words “licensed personnel” and add, in their place, the words “persons holding licenses or merchant mariner credential officer endorsements”.

PART 163—TOWING OF BARGES

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

Authority:

33 U.S.C. 152, 2071; 49 CFR 1.46(n).

§ 163.01

[Amended]

42. In § 163.01(b), after the word “license”, add the words “or merchant mariner credential”.

§ 163.03

[Added]

43. Add a new § 163.03 to read as follows:

§ 163.03

Definitions.

The following definition applies to this part:

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

PART 164—NAVIGATION SAFETY REGULATIONS

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

Authority:

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

§ 164.13

[Amended]

45. In § 164.13—

a. In paragraph (b), remove the words “a licensed engineer” and add, in their place, the words “an engineer with a properly endorsed license or merchant mariner credential”; and

b. In paragraph (c), after the words “at least two”, remove the word “licensed”; after the words “deck officers” add the words “with a properly endorsed license or merchant mariner credential”; and, after the words “must be an individual”, remove the word “licensed” and add, in its place, the words “holding an appropriately endorsed license or merchant mariner credential”.

46. In § 164.70, in alphabetical order, add a new definition for the term “Merchant Mariner Credential or MMC” to read as follows:

§ 164.70

Definitions.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

Authority:

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

48. Add § 165.3 to read as follows:

§ 165.3

Definitions.

The following definitions apply to this part:

Credential

means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement.

(4) Certificate of registry.

(5) Merchant mariner credential.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate, which will be endorsed to reflect a mariner's level of qualification.

§ 165.120

[Amended]

49. In § 165.120(b)(1), remove the words “ the Licensed Federal Pilot” and add, in their place, the words “an individual holding a valid Merchant Mariner's License or Merchant Mariner Credential endorsed as Pilot”.

§ 165.153

[Amended]

50. In § 165.153(d)(6) and (d)(7), remove the word “licensed” wherever it may appear.

§ 165.810

[Amended]

51. In § 165.810(f)(1), remove the words “licensed engineer” and add, in their place, the words “appropriately licensed or credentialed engineer officer”.

§ 165.1310

[Amended]

52. In § 165.1310(f)(2), remove the word “licensed” and add, in its place, the words “holding a license or merchant mariner credential issued”.

46 CFR CHAPTER I

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

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

Authority:

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

54. In § 1.01-05, remove the existing paragraph designations, remove the words “The term” from the definition of “Commandant” and “District Commander”, and in alphabetical order, add definitions for the terms “credential” and “Merchant Mariner Credential or MMC” to read as follows:

§ 1.01-05

Definitions.

Credential

means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement.

(4) Certificate of registry.

(5) Merchant mariner credential.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

§ 1.01-10

[Amended]

55. In § 1.01-10(b)(1)(ii)(C), remove the words “licenses, documents or certificates” and add, in their place, the word “ credentials”.

§ 1.01-15

[Amended]

56. In § 1.01-15—

a. In paragraph (a)(1), remove the words “licenses, certificates, and documents” and add, in their place, the word “credentials” and remove the words “licensing, certificating” and add, in their place, the word “credentialing”;

b. In paragraph (b), remove the words “licensing, certificating” and add, in their place, the word “credentialing”, and after the words “misbehavior of persons holding”, remove the words “licenses, certificates, or documents” and add, in their place, the word “credentials”, and after the words “46 U.S.C. chapter 77 of”, remove the words “licenses, certificates and documents” and add, in their place, the word “credential”; and

c. In the Note to paragraph (b), remove the words “Licensing and Certification” and add, in their place, the word “Credentialing”; and, after the words “parts 10”, add the number “, 11,”.

§ 1.01-25

[Amended]

57. In § 1.01-25—

a. In paragraph (b), remove the words “licenses, certificates, or documents” and add, in their place, the word “credentials”; and

b. In paragraphs (c) introductory text and (c)(1) introductory text, remove the words “license, certificate or document” wherever they appear and add, in their place, the word “credential”.

PART 4—MARINE CASUALTIES AND INVESTIGATIONS

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

Authority:

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

59. Add § 4.03-75 to read as follows:

§ 4.03-75

Merchant mariner credential and Credential.

The following definitions apply to this part:

Credential

means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement.

(4) Certificate of registry.

(5) Merchant mariner credential.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate, which will be endorsed to reflect a mariner's level of qualification.

§ 4.07-1

[Amended]

60. § 4.07-1(c)(3), remove the words “any licensed or certificated person” and add, in their place, the words “any person holding a Coast Guard credential”; and remove the words “license or certificate” and add, in their place, the word “credential”.

§ 4.07-10

[Amended]

61. In § 4.07-10(a)(3), remove the words “licenses or certificates” and add, in their place, the word “credentials”.

PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION

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

Authority:

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

§ 5.3

[Amended]

63. In § 5.3, remove the words “licenses, certificates or documents” and add, in their place, the words “credentials or endorsements”.

§ 5.5

[Amended]

64. In § 5.5, remove the word “certification” and add, in its place, the words “certificate, merchant mariner credential, endorsement,”.

§ 5.15

[Amended]

65. In § 5.15, remove the words “license, certificate or document” and add, in their place, the word “credential”.

§ 5.19

[Amended]

66. In § 5.19(b), remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

67. Add § 5.40 to Subpart B to read as follows:

§ 5.40

Credential and merchant mariner credential.

Credential

means any or all of the following:

(1) Merchant mariner's document.

(2) License.

(3) STCW endorsement.

(4) Certificate of registry.

(5) Merchant mariner credential.

Merchant Mariner Credential or MMC

means the qualification document for all merchant mariners issued by the Coast Guard under 46 CFR part 10. The individual Merchant Mariner Document, License, and Certificate of Registry enumerated in 46 U.S.C. Subtitle II, Part E will be issued in the form of a Merchant Mariner Credential (MMC). An MMC will combine the separate qualification documents previously issued under 46 U.S.C. Subtitle II, Part E and STCW endorsements into a single certificate which will be endorsed to reflect a mariner's level of qualification.

§ 5.55

[Amended]

68. In § 5.55(a) introductory text, remove the words “license, certificate or document” and add, in their place, the word “credential”.

69. In § 5.57—

a. Revise the section heading to read as set out below;

b. In paragraph (a) introductory text, remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”;

c. Revise paragraph (b) to read as set out below; and

d. In paragraph (c), remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

§ 5.57

Acting under authority of Coast Guard credential or endorsement.

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

§ 5.59

[Amended]

70. In § 5.59—

a. In the section heading, remove the words “licenses, certificates or documents” and add, in their place, the words “credentials or endorsements”; and

b. In the introductory text, remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

§ 5.61

[Amended]

71. In § 5.61—

a. In the section heading, remove the words “licenses, certificates or documents” and add, in their place, the word “credentials”; and

b. In paragraphs (a) introductory text and (b), remove the words “license,

certificate or document” wherever they appear and add, in their place, the words “credential or endorsements”.

§ 5.101

[Amended]

72. In § 5.101(a) introductory text, (a)(1), and (a)(2), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.105

[Amended]

73. In § 5.105(b), (c), and (e), remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

Subpart E—[Amended]

74. In the heading to subpart E, remove the words “License, Certificate or Document” and add, in their place, the words “Coast Guard Credential or Endorsement”.

§ 5.201

[Amended]

75. In § 5.201(a), (b) introductory text, (b)(4), (c), and (d), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.203

[Amended]

76. In § 5.203(a), (b) introductory text, (b)(2), and (c), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.205

[Amended]

77. In § 5.205—

a. In the section heading, remove the words “license, certificate of registry, or merchant mariners document” and add, in their place, the words “credential or endorsement”; and

b. In paragraphs (a), (b) introductory text, (c) introductory text, and (d), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.501

[Amended]

78. In § 5.501, remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

§ 5.521

[Amended]

79. In § 5.521—

a. In the section heading, remove the words “license, certificate or document” and add, in their place, the word “credential”;

b. In paragraph (a), after the words “all valid”, remove the words “licenses, certificates, and/or documents” and add, in their place, the word “credentials”; and, after the words “alleges that”, remove the words “such license, certificate or document” and add, in their place, the word “credential”; and

c. In paragraph (b), remove the words “license, certificate, or document” and add, in their place, the word “credential”.

§ 5.567

[Amended]

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

§ 5.707

[Amended]

81. In § 5.707—

a. In the section heading, remove the words “license, certificate, or document” and add, in their place, the words “credential or endorsement”;

b. In paragraph (a), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”;

c. In paragraph (c), remove the words “document or license” and add, in their place, the words “credential or endorsement”;

d. In paragraph (d), after the words “All temporary”, remove the word “documents” and add, in its place, the words “credentials or endorsements”; and, after the words “If a temporary”, remove the word “document” and add, in its place, the words, “credential or endorsement”;

e. In paragraph (e), remove the word “document” and add, in its place, the words “credential or endorsement”; and

f. In paragraph (f), remove the word “documents” and add, in its place, the word “credential”.

§ 5.713

[Amended]

82. In § 5.713(a), remove the words “licenses, certificates, or documents” and add, in their place, the words “credentials or endorsements”.

§ 5.715

[Amended]

83. In § 5.715—

a. In the section heading, remove the words “document and/or license” and add, in their place, the words “credential and/or endorsement”;

b. In paragraph (a), remove the words “document or license” and add, in their place, the words “credential and/or endorsement”; and

c. In paragraph (c), remove the words “document and/or license” and add, in their place, the words “credential and/or endorsement”; and, after the words “order. This”, remove the word “document” and add, in its place, the words “credential and/or endorsement”.

Subpart L—[Amended]

84. In the heading to subpart L, remove the words “Licenses, Certificates or Documents” and add, in their place, the words “Credential or Endorsement”.

§ 5.901

[Amended]

85. In § 5.901(a), (c), (d) introductory text, and (e), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.903

[Amended]

86. In § 5.903(a), (c) introductory text, and (c)(2), remove the words “license, certificate or document” wherever they appear and add, in their place, the words “credential or endorsement”.

§ 5.905

[Amended]

87. In § 5.905(b), remove the words “license, certificate or document” and add, in their place, the words “credential or endorsement”.

PART 10—MERCHANT MARINER OFFICERS AND SEAMEN

88. The authority citation for part 10 is revised to read as follows:

Authority:

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

PART 10—[REDESIGNATED AS PART 11 AND AMENDED]

89. Redesignate part 10, consisting of § § 10.101 through 10.1105, as part 11, § § 11.101 through 11.1105.

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

PART 10—MERCHANT MARINER CREDENTIAL

Subpart A—General

Sec.

10.101

Purpose of rules in this part.

10.103

Incorporation by reference.

10.105

Paperwork approval. [Reserved]

10.107

Definitions in subchapter B.

10.109

Classification of endorsements.

Subpart B—General Requirements for All Merchant Mariner Credentials

10.201

General characteristics of the Merchant Mariner Credential.

10.203

Requirement to hold a TWIC and a Merchant Mariner Credential.

10.205

Validity of a Merchant Mariner Credential.

10.207

Identification number.

10.209

Application procedures.

10.211

Criminal record review.

10.213

National Driver Register.

10.215

Medical and physical requirements.

10.217

MMC application and examination locations.

10.219

Fees.

10.221

Applications submitted by aliens.

10.223

Modification or removal of limitations.

10.225

Issuance of Merchant Mariner Credentials.

10.227

Additional requirements for renewal.

10.229

Issuance of duplicate Merchant Mariner Credentials.

10.231

Additional requirements for raises of grade for officer endorsements.

10.233

Obligations of the holder of a Merchant Mariner Credential.

10.235

Suspension or revocation of Merchant Mariner Credentials.

10.237

Right of appeal.

Authority:

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

Subpart A—General

§ 10.101

Purpose of rules in this part.

The regulations in this part provide:

(a) A means of determining and verifying the identity, citizenship, and qualifications an applicant must possess to be eligible for certification to serve on merchant vessels;

(b) A means of determining that an applicant is competent to serve under the authority of their Merchant Mariner Credential (MMC); and

(c) A means, through the requirement to hold a Transportation Worker Identification Credential (TWIC), and a criminal and National Driver Register (NDR) record review to determine the identity of an applicant and determine if the holder of an MMC is a safe and suitable person and is qualified as to character and habits of life.

§ 10.103

Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the

Federal Register

and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html

. Also, it is available for inspection at the Coast Guard, Office of Operating and Environmental Standards (G-PSO), 2100 Second Street SW., Washington, DC 20593-0001, and is available from the sources indicated in this section.

(b)

International Maritime Organization (IMO)

, 4 Albert Embankment, London, SE1 7SR, England:

(1) The STCW—International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (the STCW Convention or the STCW), incorporation by reference approved for § § 10.107, 10.109, 10.209, 10.215, and 10.277.

(2) The Seafarers’ Training, Certification and Watchkeeping Code, as amended (the STCW Code), incorporation by reference approved for § § 10.107, 10.109, 10.209, 10.215, and 10.277.

§ 10.105 Paperwork approval.

[Reserved]

§ 10.107

Definitions in Subchapter B.

(a) With respect to part 16 and § 15.1101 of this title only, if the definitions in paragraph (b) of this section differ from those set forth in either § 16.105 or § 15.1101, the definition set forth in either § 16.105 or § 15.1101, as appropriate, applies.

(b) As used in this subchapter, the following terms apply only to the merchant marine personnel credentialing and manning of vessels subject to the manning provisions in the navigation and shipping laws of the United States:

Apprentice mate (steersman) of towing vessels

means a mariner qualified to perform watchkeeping on the bridge, while in training onboard a towing vessel under the direct supervision and in the presence of a master or mate (pilot) of towing vessels.

Approved

means approved by the Coast Guard in according to § 11.302 of this chapter.

Approved training

means training that is approved by the Coast Guard or meets the requirements of § 11.309 of this chapter.

Assistance towing

means towing a disabled vessel for consideration.

Assistant engineer

means a qualified officer in the engine department.

Authorized official

includes but is not limited to a Federal, State or local law enforcement officer.

Ballast control operator or BCO

means an officer restricted to service on mobile offshore drilling units (MODUs) whose duties involve the operation of the complex ballast system found on many MODUs. When assigned to a MODU, a ballast control operator is equivalent to a mate on a conventional vessel.

Barge supervisor or BS

means an officer restricted to service on MODUs whose duties involve support to the offshore installation manager (OIM) in marine related matters including, but not limited to, maintaining watertight integrity, inspecting and maintaining mooring and towing components, and maintaining emergency and other marine-related equipment. A barge supervisor, when assigned to a MODU, is equivalent to a mate on a conventional vessel.

Boatswain

means the leading seaman and immediate supervisor of deck crew who supervises the maintenance of deck gear.

Cargo engineer

means a person holding an officer endorsement on a dangerous-liquid tankship or a liquefied-gas tankship whose primary responsibility is maintaining the cargo system and cargo-handling equipment.

Chief engineer

means any person responsible for the mechanical propulsion of a vessel and who is the holder of a valid officer endorsement as chief engineer.

Chief mate

means the deck officer next in seniority to the master and upon whom the command of the vessel will fall in the event of incapacity of the master.

Coast Guard-accepted

means that the Coast Guard has officially acknowledged in w

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