CODE OF FEDERAL REGULATIONS46 Shipping PARTS 1 TO 40 Revised as of October 1, 1998

CONTAINING

A CODIFICATION OF DOCUMENTS

OF GENERAL APPLICABILITY

AND FUTURE EFFECT

AS OF OCTOBER 1, 1998 With Ancillaries

Published by

the Office of the Federal Register

National Archives and Records

Administration

as a Special Edition of

the Federal Register

U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1998

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 Table of Contents Page Explanation v Title 46: Chapter I—Coast Guard, Department of Transportation 3 Finding Aids: Material Approved for Incorporation by Reference 505 Table of CFR Titles and Chapters 509 Alphabetical List of Agencies Appearing in the CFR 527 List of CFR Sections Affected 537

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To cite the regulations in this volume use title, part and section number. Thus, 46 CFR 1.01-05 refers to title 46, part 1, section 01-05. Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.

Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:

Title 1 through Title 16

as of January 1

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as of April 1

Title 28 through Title 41

as of July 1

Title 42 through Title 50

as of October 1

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 OBSOLETE PROVISIONS

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 INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law.

What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are:

(a) The incorporation will substantially reduce the volume of material published in the Federal Register.

(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.

(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume.

What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call (202) 523-4534.

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A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I), and Acts Requiring Publication in the Federal Register (Table II). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

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The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

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There are no restrictions on the republication of material appearing in the Code of Federal Regulations.

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 Raymond A. Mosley, Director, Office of the Federal Register. October 1, 1998. THIS TITLE

Title 46—Shipping is composed of nine volumes. The parts in these volumes are arranged in the following order: Parts 1-40, 41-69, 70-89, 90-139, 140-155, 156-165, 166-199, 200-499 and 500 to End. The first seven volumes containing parts 1-199 comprise chapter I—Coast Guard, DOT. The eighth volume, containing parts 200 to 499, includes chapter II—Maritime Administration, DOT and chapter III—Coast Guard (Great Lakes Pilotage), DOT. The ninth volume, containing part 500 to End, includes chapter IV—Federal Maritime Commission. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 1998.

Subject indexes appear for subchapter B—Merchant Marine Officers and Seamen, subchapter C—Uninspected Vessels, and subchapter D—Tank Vessels following the subchapters in parts 1-40; for subchapter F—Marine Engineering following the subchapter in parts 41-69; for subchapter H—Passenger Vessels following the subchapter in parts 70-89; for subchapter I—Cargo and Miscellaneous Vessels, subchapter I-A—Mobile Offshore Drilling Units, subchapter J—Electrical Engineering, subchapter K—Small Passenger Vessels Carrying More Than 150 Passengers or With Overnight Accommodations for More Than 49 Passengers, and subchapter L—Offshore Supply Vessels following the subchapters in parts 90-139; for subchapter S—Subdivision and Stability, subchapter T—Small Passenger Vessels (Under 100 Gross Tons), and subchapter W—Lifesaving Appliances and Arrangements following the subchapters in parts 166-199.

For this volume, Ruth Reedy Green was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.

CFRORDR.FRM 46 CFR Ch. I (10-1-98 Edition) Coast Guard, DOT <CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER A—PROCEDURES APPLICABLE TO THE PUBLIC</HD> <PART> <EAR>Pt. 1</EAR> <HD SOURCE="HED">PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart 1.0—Organization and General Flow of Functions</HD> <SECHD>Sec.</SECHD> <SECTNO>1.01-5</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> <SECTNO>1.01-10</SECTNO> <SUBJECT>Organization.</SUBJECT> <SECTNO>1.01-15</SECTNO> <SUBJECT>Organization; districts.</SUBJECT> <SECTNO>1.01-20</SECTNO> <SUBJECT>Suspension and revocation proceedings.</SUBJECT> <SECTNO>1.01-25</SECTNO> <SUBJECT>General flow of functions.</SUBJECT> <SECTNO>1.01-30</SECTNO> <SUBJECT>Judicial review.</SUBJECT> <SECTNO>1.01-35</SECTNO> <SUBJECT>OMB control numbers assigned pursuant to the Paperwork Reduction Act.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 1.03—Rights of Appeal</HD> <SECTNO>1.03-10</SECTNO> <SUBJECT>Definition of terms used in this subpart.</SUBJECT> <SECTNO>1.03-15</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>1.03-20</SECTNO> <SUBJECT>Appeals from decisions or actions of an OCMI.</SUBJECT> <SECTNO>1.03-25</SECTNO> <SUBJECT>Appeals from decisions or actions of a District Commander.</SUBJECT> <SECTNO>1.03-30</SECTNO> <SUBJECT>Appeals from decisions or actions of the Marine Safety Center.</SUBJECT> <SECTNO>1.03-35</SECTNO> <SUBJECT>Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard.</SUBJECT> <SECTNO>1.03-45</SECTNO> <SUBJECT>Appeals from decisions or actions involving documentation of vessels.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 49 CFR 1.45, 1.46; § 1.01-35 also issued under the authority of 44 U.S.C. 3507.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 88-033, 54 FR 50376, Dec. 6, 1989, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart 1.01—Organization and General Flow of Functions</HD> <SECTION> <SECTNO>§ 1.01-05</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> <P>(a) The term <E T="03">Commandant</E> means the Commandant of the Coast Guard.</P> <P>(b) The term <E T="03">District Commander</E> means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within a district.</P> </SECTION> <SECTION> <SECTNO>§ 1.01-10</SECTNO> <SUBJECT>Organization.</SUBJECT> <P>(a) The Commandant is the head of the agency and exercises overall direction over the policy and administration of the Coast Guard.</P> <P>(b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is from the Commandant directly to the District Commanders. The staff officers at Headquarters act only on the basis of the Commandant's authority and direction.</P> <P>(1) The Assistant Commandant for Marine Safety and Environmental Protection under the general direction of the Commandant, directs, supervises and coordinates the activities of the Standards Directorate, consisting of the Office of Design and Engineering Standards, the Office of Operating and Environmental Standards, and the Office of Standards Evaluation and Development; the Field Activities Directorate, consisting of the Office of Compliance, the Office of Response, and the Office of Investigations and Analysis; and the Resource Management Directorate, consisting of the Office of Planning and Resources and the Office of Information Resources. The Port Safety and Security programs administered by the Chief, Office of Compliance and the Marine Environmental Response programs administered by the Chief, Office of Response are guided by regulations contained in 33 CFR chapter I. The Assistant Commandant for Marine Safety and Environmental Protection exercises technical control over the Commanding Officer, National Maritime Center and, through the District Commander, supervises the administration of the Marine Safety Division of District Offices and Officers in Charge, Marine Inspection.</P> <P>(i) The Director of Standards (G-MS), under the general direction and supervision of the Assistant Commandant for Marine Safety and Environmental Protection establishes federal policies for development of marine safety and environmental protection treaties, laws, and regulations; develops safety, security and environmental protection standards for the maritime industry; <PRTPAGE P="6"/>integrates all marine safety and environmental protection regulatory programs; prepares legislation, regulations, and industry guidance for new safety and environmental protection programs; and maintains an active program for development of third party consensus industry standards.</P> <P>(A) The Chief, Office of Design and Engineering Standards (G-MSE), at Headquarters, under the direction of the Assistant Commandant for Marine Safety and Environmental Protection and the Director of Standards, manages the program for defining the overall regulatory approach for vessels, offshore structures, and other marine systems incorporating safety considerations regarding the role of the human element; develops policies and regulations on load line matters and supervises classification societies authorized to assign load lines on behalf of the Coast Guard; oversees the development and maintenance of programs that incorporate risk-based methods in making safety determinations and policies; and oversees technical research and development for safety and environmental protection associated with marine vessels, structures and facilities.</P> <P>(B) The Chief, Office of Operating and Environmental Standards (G-MSO), at Headquarters, under the direction of the Assistant Commandant for Marine Safety and Environmental Protection and the Director of Standards, coordinates and integrates program standards for personnel qualification, vessel manning, vessel and facility operations, cargo systems and handling, and environmental protection; develops and maintains standards, regulations and industry guidance for maritime industry operations to prevent deaths, injuries, property damage, and environmental harm; develops and maintains safety standards and regulations for commercial fishing industry vessels and uninspected commercial vessels; and develops and maintains health and safety standards and regulations for U.S. inspected vessels.</P> <P>(C) The Chief, Office of Standards Evaluation and Development (G-MSR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety and Environmental Protection and the Director of Standards, coordinates the development of new standards and programs across all technical and operational areas of marine safety and environmental protection; provides comprehensive analytical support for all standards assessment and development efforts; and coordinates development of measures of effectiveness for assessing regulatory programs and consensus standards.</P> <P>(ii) The Director of Field Activities (G-MO), under the general direction and supervision of the Assistant Commandant for Marine Safety and Environmental Protection, acts as Program Manager for the Marine Safety and Marine Environmental Protection Programs; directs, coordinates, and integrates the Coast Guard's marine safety and environmental protection compliance programs, contingency planning, response operations, and investigations programs; establishes and coordinates field implementation policies and priorities for all marine safety commands and units; serves as the focal point for field support and technical guidance; and provides oversight of marine documentation and marine personnel administration matters.</P> <P>(A) The Chief, Office of Compliance (G-MOC), at Headquarters, under the direction of the Assistant Commandant for Marine Safety and Environmental Protection and the Director of Field Activities, administers and balances all marine safety and environmental protection compliance programs, including direction of Coast Guard activities and oversight of third parties and industry programs; develops, publishes and maintains program policies for vessel compliance, interprets standards and regulations, and provides field guidance for execution and enforcement; administers the marine inspection program and foreign vessel boarding program for the enforcement of commercial vessel material and operational safety standards; and supervises the administration of licensing and documenting of merchant personnel, the issuance of certificates of registry to merchant marine staff officers, and the manning of U.S. vessels.</P> <P>(B) The Chief, Office of Response (G-MOR), at Headquarters, under the Direction of the Assistant Commandant for Marine Safety and Environmental <PRTPAGE P="7"/>Protection and the Director of Field Activities, coordinates and integrates field planning, preparedness, and response operations for pollution incidents, natural disasters, marine accidents, terrorism, and other threats to public safety, the marine environment, or marine transportation and commerce; develops, publishes, and maintains program policies for preparedness and response, interprets laws and regulations, and provides field guidance for execution; provides guidance regarding emergency authorities of the Captain of the Port (COTP); and administers Office programs for ports and waterway management, bridging compliance and response efforts with an active presence in the marine environment.</P> <P>(C) The Chief, Office of Investigations and Analyses (G-MOA), at Headquarters, under the direction of the Assistant Commandant for Marine Safety and Environmental Protection and the Director of Field Activities, reviews investigations of marine casualties; manages, develops policy for and evaluates domestic and international programs and processes associated with investigations of marine casualties and injuries; manages analysis of casualties and casualty data, civil penalties and other remedial programs (including proceedings to suspend or revoke Coast Guard licenses, documents or certificates held by mariners); and manages marine employer drug and alcohol testing programs.</P> <P>(D) The Commanding Officer, Coast Guard National Maritime Center (NMC) under technical control of the Assistant Commandant for Marine Safety and Environmental Protection, administers operational and administrative control of the Marine Safety Center which conducts reviews and approvals of plans, calculations, and other materials concerning the design, construction, alterations, and repair of commercial vessels to determine conformance with the marine inspection laws, regulations, and implementing directions; administers operational and administrational control over the National Vessel Documentation Center which administers U.S. vessel identification and documentation; oversees and administers the U.S. tonnage measurement program which measures U.S. naval vessels and oversees issuance of international and domestic tonnage certificates; administers merchant mariner licensing and seaman's documentation; and oversees the national pilotage program.</P> <P>(iii) The Director of Resource Management (G-MR), under the general direction and supervision of the Assistant Commandant for Marine Safety and Environmental Protection, serves as Facility Manager for the marine safety programs; coordinates and integrates financial, informational, and human resources; plans, acquires, develops, and allocates resources for development and execution of the Coast Guard's marine safety programs; provides the focal point for all resource issues in support of the Standards and Operations Directorates; and oversees the development and management of the Coast Guard's direct user fee program.</P> <P>(2) The Chief Counsel of the Coast Guard at Headquarters, under the general direction and supervision of the General Counsel, Department of Transportation and the Commandant, considers cases involving alleged violations of navigation and vessel inspection laws or regulations prescribed thereunder and published in this chapter or in 33 CFR chapter I, and reviews appeals to the Commandant from statutory monetary penalties assessed therefor. Upon completion of such a review, the Chief Counsel prepares a proposed action for the Commandant's consideration or, in appropriate cases, takes final action on behalf of, and as directed by, the Commandant.</P> <CITA>[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 95-072, 60 FR 50458, Sept. 29, 1995; CGD 95-072, 60 FR 54106, Oct. 19, 1995; CGD 96-041, 61 FR 50724, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.01-15</SECTNO> <SUBJECT>Organization; districts.</SUBJECT> <P>(a) To assist the District Commander in carrying out the regulatory and enforcement aspects of marine safety in the Coast Guard Districts, there is assigned to each District Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, <PRTPAGE P="8"/>Marine Inspection, within the district. The Chief, Marine Safety Division, is a staff officer assigned to the District Commander and acts only on the basis of the authority and by direction of the District Commander.</P> <P>(1) The Chiefs, Marine Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their district relative to vessel, factory and shipyard inspections; reports and investigations of marine casualties and accidents; processing of violations of navigation and vessel inspection laws; the licensing, certificating, shipment and discharge of seaman; the investigation and institution of proceedings looking to suspension and revocation under 46 U.S.C. chapter 77 of licenses, certificates, and documents held by persons; and all other marine safety regulatory activities except those functions related to recreational boating when under the supervision of the Chiefs, Boating Safety Division, in the District Offices.</P> <P>(2) Unless otherwise provided for, the Chiefs, Boating Safety Division, in the District Offices, under the supervision of their respective District Commanders, direct the activities in their districts relative to administration of the law enforcement program applicable to uninspected vessels used for recreational purposes and the imposition and collection of penalties in connection therewith; maintain liaison with Federal and State agencies having related interests; develop and coordinate agreements and arrangements with Federal and State agencies for cooperation in the enforcement of State and Federal laws related to recreational boating; and review investigative reports of recreational boating accidents.</P> <P>(b) The Officers in Charge, Marine Inspection, in the Coast Guard districts, under the supervision of their respective District Commanders, are in charge of marine inspection offices and marine safety offices located in various ports and have command responsibility with assigned marine safety zones for the performance of duties with respect to the inspection, enforcement, and administration of navigation and vessel inspection laws, and rules, and regulations governing marine safety. The Officer in Charge, Marine Inspection, has been designated and delegated to give immediate direction to Coast Guard activities relating to marine safety functions consisting of inspection of vessels in order to determine that they comply with the applicable laws, rules, and regulations relating to construction, equipment, manning and operation, and to be satisfied that such vessels are in seaworthy condition for the services in which such vessels are to be operated; shipyard inspections; factory inspections of materials and equipment for vessels; the licensing, certificating, shipment and discharge of seaman; investigations of marine casualties and accidents; investigations of violations of law; negligence, misconduct, unskillfullness, incompetence or misbehavior of persons holding licenses, certificates, or documents issued by the Coast Guard; initiations of actions seeking suspension or revocation under 46 U.S.C. chapter 77 of licenses, certificates and documents held by persons, and presentation of cases at hearings before Administrative Law Judges; and the enforcement of navigation, vessel inspection and seaman laws in general.</P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Licensing and Certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations:</P> </NOTE> <EXTRACT> <FP SOURCE="FP-1">Boston, MA</FP> <FP SOURCE="FP-1">New York, NY</FP> <FP SOURCE="FP-1">Baltimore, MD</FP> <FP SOURCE="FP-1">Charleston, SC</FP> <FP SOURCE="FP-1">Miami, FL</FP> <FP SOURCE="FP-1">New Orleans, LA</FP> <FP SOURCE="FP-1">Houston, TX</FP> <FP SOURCE="FP-1">Memphis, TN</FP> <FP SOURCE="FP-1">St. Louis, MO</FP> <FP SOURCE="FP-1">Toledo, OH</FP> <FP SOURCE="FP-1">Long Beach, CA</FP> <FP SOURCE="FP-1">San Francisco, CA</FP> <FP SOURCE="FP-1">Portland, OR</FP> <FP SOURCE="FP-1">Seattle, WA</FP> <FP SOURCE="FP-1">Anchorage, AK</FP> <FP SOURCE="FP-1">Juneau, AK</FP> <FP SOURCE="FP-1">Honolulu, HI</FP> </EXTRACT> <P>Where the term <E T="03">Officer in Charge, Marine Inspection</E>, <E T="03">Marine Inspection Office,</E> or <E T="03">Marine Safety Office</E> is used within the context of parts 10 or 12 of this chapter, it is understood to mean that particular <E T="03">Officer</E> or <E T="03">Office</E> at one of the above listed locations.<PRTPAGE P="9"/> </P> <P>(c) For descriptions of Coast Guard districts and marine safety zones, see 33 CFR part 3.</P> <CITA>[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 51040, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.01-20</SECTNO> <SUBJECT>Suspension and revocation proceedings.</SUBJECT> <P>(a) The Commandant takes final agency action on each proceeding concerned with revocation.</P> <P>(b) The Commandant has delegated authority to the Vice Commandant in 33 CFR 1.01-40 to take final agency action under subparts I, J, and K of part 5 of this chapter on each proceeding except on a petition or appeal in a case on which an order of revocation has been issued.</P> <P>(c) The Commandant assigns to his staff a Chief Administrative Law Judge who is an Administrative Law Judge appointed under 5 U.S.C. 3105 and whose assignment is to:</P> <P>(1) Act as adviser and special assistant to the Commandant on matters concerning the administration of hearings conducted under 46 U.S.C. chapter 77;</P> <P>(2) Conduct hearings under 46 U.S.C. chapter 77;</P> <P>(3) Train new Administrative Law Judges assigned to conduct hearings under 46 U.S.C. chapter 77;</P> <P>(4) Review the written decisions and orders of each Administrative Law Judge assigned to conduct a hearing under 46 U.S.C. chapter 77; and</P> <P>(5) Act as adviser to the Chief Counsel in preparation of the final action of proceedings conducted under subparts I, J, and K of part 5 of this chapter.</P> <P>(d) The Chief Counsel of the Coast Guard, under the general direction and supervision of the Commandant, U.S. Coast Guard:</P> <P>(1) Acts as an adviser and as a special assistant to the Commandant in matters of law; and</P> <P>(2) Prepares for the consideration of the Commandant or the Vice Commandant, as appropriate, proposed decisions on cases on appeal or review in suspension and revocation proceedings.</P> </SECTION> <SECTION> <SECTNO>§ 1.01-25</SECTNO> <SUBJECT>General flow of functions.</SUBJECT> <P>(a) The Officer in Charge, Marine Inspection, has final authority with respect to the functions described in § 1.01-15(b) of this subpart, subject to the rights of appeal set forth in subpart 1.03 of this part.</P> <P>(b) The general course and method by which the functions (other than those dealing with suspension and revocation of licenses, certificates, or documents described in paragraph (c) of this section) concerning marine safety activities are channeled begins with the Officer in Charge, Marine Inspection, at the local Marine Safety Office. From this officer the course is to the Chief, Marine Safety Division, on the staff of the District Commander and then to the District Commander. From the District Commander the course is to the Chief of one of the offices within Marine Safety and Environmental Protection at Headquarters. In most administrative cases the channel ends at this point; however, on matters of policy and other appropriate cases, the course continues to the Assistant Commandant for Marine Safety and Environmental Protection, and then to the Commandant, whose decisions are final.</P> <P>(c) In proceedings involving the suspension or revocation of a Coast Guard license, certificate or document issued to an individual, the course and method by which such proceedings are channeled are as follows:</P> <P>(1) In the United States, the Commonwealth of Puerto Rico, Territory of Guam, the Virgin Islands, and other possessions, the proceedings are initiated by the preferment of charges and specifications against the holder of the Coast Guard license, certificate or document. A Coast Guard Investigating Officer under the supervision of an Officer in Charge, Marine Inspection, or an Officer in Charge, Marine Inspection causes the charges and specifications to be served on the person described therein (person charged) who is a holder of a Coast Guard license, certificate or document. At a hearing the Coast Guard submits evidence to support the charges and specifications, while the person charged may submit evidence in rebuttal or mitigation. The Administrative Law Judge renders a decision on the basis of the evidence adduced at <PRTPAGE P="10"/>the hearing and the law. The Administrative Law Judge's decision is given to the person charged.</P> <P>(i) In a case where an appeal is made by the person charged, the notice of appeal is filed with the Administrative Law Judge who heard the case or with any Officer in Charge, Marine Inspection, for forwarding to such Administrative Law Judge.</P> <P>(ii) [Reserved]</P> <P>(2) [Reserved]</P> <P>(d) In the performance of their duties, all Coast Guard Administrative Law Judges are bound by law and the regulations in this chapter or in 33 CFR chapter I. Statements of policy, clarification of points of procedure, and general administrative instructions are published in <E T="03">Administrative Law Judges’ Circulars</E> and <E T="03">Administrative Law Judges’ Internal Practices and Procedures Series.</E> The Chief Administrative Law Judge, located in the Office of the Commandant, U.S. Coast Guard, maintains a complete file of these publications for reading purposes during normal working hours.</P> <CITA>[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51040, 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.01-30</SECTNO> <SUBJECT>Judicial review.</SUBJECT> <P>(a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of this chapter with respect to suspension and revocation proceedings arising under 46 U.S.C. chapter 77.</P> <P>(b) If the person found guilty of any offense fails to make a timely appeal, the decision of the Administrative Law Judge is final and binding on the person charged as of the date that the decision is delivered to the person charged or his authorized representative.</P> </SECTION> <SECTION> <SECTNO>§ 1.01-35</SECTNO> <SUBJECT>OMB control numbers assigned pursuant to the Paperwork Reduction Act.</SUBJECT> <P>(a) <E T="03">Purpose.</E> This section collects and displays the control numbers assigned to information collection and record keeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 <E T="03">et seq.</E>). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.</P> <P>(b) <E T="03">Display.</E> </P> <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">46 CFR part or section where identified or described</CHED> <CHED H="1">Current OMB control No.</CHED> </BOXHD> <ROW> <ENT I="01">§ 2.01 </ENT> <ENT>2115-0007</ENT> </ROW> <ROW> <ENT I="01">§ 2.95-10 </ENT> <ENT>2115-0141</ENT> </ROW> <ROW> <ENT I="01">§ 3.10 </ENT> <ENT>2115-0053</ENT> </ROW> <ROW> <ENT I="01">Part 4 </ENT> <ENT>2115-0003</ENT> </ROW> <ROW> <ENT I="01">Part 6 </ENT> <ENT>2115-0005</ENT> </ROW> </GPOTABLE> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 1.03—Rights of Appeal</HD> <SECTION> <SECTNO>§ 1.03-10</SECTNO> <SUBJECT>Definition of terms used in this subpart.</SUBJECT> <P>(a) The term <E T="03">recognized classification society</E> means the American Bureau of Shipping or other classification society recognized by the Commandant.</P> <P>(b) The term <E T="03">new vessel</E> means:</P> <P>(1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection.</P> <P>(2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment.</P> <P>(c) The term <E T="03">existing vessel</E> means a vessel which is not a new vessel.</P> </SECTION> <SECTION> <SECTNO>§ 1.03-15</SECTNO> <SUBJECT>General.</SUBJECT> <P>(a) Any person directly affected by a decision or action taken under this chapter, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension and revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside or revised.</P> <P>(b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken.</P> <P>(c) When making a formal appeal of a decision or action, as permitted by this <PRTPAGE P="11"/>subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made.</P> <P>(d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised.</P> <P>(e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal.</P> <P>(f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section.</P> <P>(g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Marine Safety and Environmental Protection, and appropriate office chiefs within Marine Safety and Environmental Protection.</P> <P>(h) Formal appeals made to the Commandant shall be addressed to:</P> <P>(1) Commandant (G-MOC) for appeals involving vessel inspection issues, load line issues, vessel manning issues or other personnel issues;</P> <P>(2) Commandant (G-MS) for appeals involving vessel plan review or tonnage measurement issues; or</P> <P>(3) Commanding Officer, National Maritime Center, for appeals involving vessel documentation issues and tonnage issues.</P> <P>(4) Commandant (G-MSE) for appeals involving the recognition of a classification society.</P> <P>(i) Failure to submit a formal appeal in accordance with the procedures and time limits contained in this subpart results in the decision or action becoming final agency action.</P> <P>(j) Any decision made by the Commandant, or by the Assistant Commandant for Marine Safety and Environmental Protection, or by an office chief pursuant to authority delegated by the Commandant is final agency action on the appeal.</P> <CITA>[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 89-007, CGD 89-007a, 58 FR 60265, Nov. 15, 1993; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51040, Sept. 30, 1997; CGD 95-010, 62 FR 67532, Dec. 24, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.03-20</SECTNO> <SUBJECT>Appeals from decisions or actions of an OCMI.</SUBJECT> <P>Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, in accordance with the procedures contained in § 1.03-15 of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 1.03-25</SECTNO> <SUBJECT>Appeals from decisions or actions of a District Commander.</SUBJECT> <P>Any person directly affected by a decision or action of a District Commander made pursuant to § 1.03-20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 1.03-30</SECTNO> <SUBJECT>Appeals from decisions or actions of the Marine Safety Center.</SUBJECT> <P>(a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.</P> <P>(b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of <PRTPAGE P="12"/>that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart.</P> <CITA>[CGD 97-057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.03-35</SECTNO> <SUBJECT>Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard.</SUBJECT> <P>(a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in § 1.03-15 of this subpart.</P> <P>(b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in § 30.10-43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in § 1.03-20 of this subpart.</P> <CITA>[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 1.03-45</SECTNO> <SUBJECT>Appeals from decisions or actions involving documentation of vessels.</SUBJECT> <P>Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 of this chapter, may make a formal appeal of that decision or action to the Commandant in accordance with the procedures contained in §§ 1.03-15 through 1.03-25 of this subpart.</P> <CITA>[CGD 89-007, CGD 89-007a, 58 FR 60265, Nov. 15, 1993]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 2</EAR> <HD SOURCE="HED">PART 2—VESSEL INSPECTIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart 2.01—Inspecting and Certificating of Vessels</HD> <SECHD>Sec.</SECHD> <SECTNO>2.01-1</SECTNO> <SUBJECT>Applications for inspections.</SUBJECT> <SECTNO>2.01-3</SECTNO> <SUBJECT>Notification of inspection.</SUBJECT> <SECTNO>2.01-5</SECTNO> <SUBJECT>Certificate of inspection.</SUBJECT> <SECTNO>2.01-6</SECTNO> <SUBJECT>Certificates issued to foreign vessels.</SUBJECT> <SECTNO>2.01-7</SECTNO> <SUBJECT>Classes of vessels (including motorboats) examined or inspected and certificated.</SUBJECT> <SECTNO>2.01-8</SECTNO> <SUBJECT>Application of regulations to vessels or tankships on an international voyage.</SUBJECT> <SECTNO>2.01-10</SECTNO> <SUBJECT>Inspection requirements—domestic vessels.</SUBJECT> <SECTNO>2.01-13</SECTNO> <SUBJECT>Inspection requirements—foreign vessels.</SUBJECT> <SECTNO>2.01-15</SECTNO> <SUBJECT>Vessel repairs.</SUBJECT> <SECTNO>2.01-20</SECTNO> <SUBJECT>Suspension or revocation of certificates of inspection.</SUBJECT> <SECTNO>2.01-25</SECTNO> <SUBJECT>International Convention for Safety of Life at Sea, 1974.</SUBJECT> <SECTNO>2.01-30</SECTNO> <SUBJECT>Delegation of OCMI signature authority.</SUBJECT> <SECTNO>2.01-40</SECTNO> <SUBJECT>Passengers or persons in addition to crew on cargo or tank vessels.</SUBJECT> <SECTNO>2.01-45</SECTNO> <SUBJECT>Excursion permit.</SUBJECT> <SECTNO>2.01-50</SECTNO> <SUBJECT>Persons other than crew on towing, oyster, or fishing steam vessels.</SUBJECT> <SECTNO>2.01-60</SECTNO> <SUBJECT>Overtime compensation.</SUBJECT> <SECTNO>2.01-70</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> <SECTNO>2.01-80</SECTNO> <SUBJECT>Vessel inspections in Alaska.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.10—Fees</HD> <SECTNO>2.10-1</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>2.10-5</SECTNO> <SUBJECT>Exemptions.</SUBJECT> <SECTNO>2.10-10</SECTNO> <SUBJECT>Waivers.</SUBJECT> <SECTNO>2.10-20</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>2.10-25</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>2.10-101</SECTNO> <SUBJECT>Annual vessel inspection fee.</SUBJECT> <SECTNO>2.10-105</SECTNO> <SUBJECT>Prepayment of annual vessel inspection fees.</SUBJECT> <SECTNO>2.10-115</SECTNO> <SUBJECT>Changes in vessel service.</SUBJECT> <SECTNO>2.10-120</SECTNO> <SUBJECT>Overseas inspection and examination fees.</SUBJECT> <SECTNO>2.10-125</SECTNO> <SUBJECT>Fees for examination of foreign tankships.</SUBJECT> <SECTNO>2.10-130</SECTNO> <SUBJECT>Fees for examination of foreign mobile offshore drilling units.</SUBJECT> <SECTNO>2.10-135</SECTNO> <SUBJECT>Penalties.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.20—Reports and Forms</HD> <SECTNO>2.20-40</SECTNO> <SUBJECT>Chief engineer's reports.</SUBJECT> <SECTNO>2.20-50</SECTNO> <SUBJECT>Repairs or alterations in lifesaving or fire prevention equipment.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.45[Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.50—Penalties</HD> <SECTNO>2.50-1</SECTNO> <SUBJECT>Penalty procedures.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="13"/> <HD SOURCE="HED">Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel</HD> <SECTNO>2.75-1</SECTNO> <SUBJECT>Approvals.</SUBJECT> <SECTNO>2.75-5</SECTNO> <SUBJECT>Certificates of approval.</SUBJECT> <SECTNO>2.75-10</SECTNO> <SUBJECT>Procedures for obtaining approvals.</SUBJECT> <SECTNO>2.75-15</SECTNO> <SUBJECT>Requirements and tests.</SUBJECT> <SECTNO>2.75-25</SECTNO> <SUBJECT>Portable fire extinguishers.</SUBJECT> <SECTNO>2.75-40</SECTNO> <SUBJECT>Suspension of approval.</SUBJECT> <SECTNO>2.75-50</SECTNO> <SUBJECT>Withdrawals or terminations of approvals and appeals.</SUBJECT> <SECTNO>2.75-60</SECTNO> <SUBJECT>Hazardous ships’ stores.</SUBJECT> <SECTNO>2.75-70</SECTNO> <SUBJECT>Welding procedure and performance qualifications.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.85—Load Lines</HD> <SECTNO>2.85-1</SECTNO> <SUBJECT>Assignment of load lines.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.90—Plans, Drawings or Blueprints</HD> <SECTNO>2.90-1</SECTNO> <SUBJECT>General requirements.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.95—Retention of Records by the Public</HD> <SECTNO>2.95-1</SECTNO> <SUBJECT>Certificates or documents issued by Coast Guard.</SUBJECT> <SECTNO>2.95-5</SECTNO> <SUBJECT>Certificates or documents issued by others.</SUBJECT> <SECTNO>2.95-10</SECTNO> <SUBJECT>Equipment or material required to be approved.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority: </HD> <P>33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3103, 3205, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 2.45 also issued under the authority of Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat 1120 (see 46 U.S.C. App. note prec.1).</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGFR 65-50, 30 FR 16604, Dec. 30, 1965, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart 2.01—Inspecting and Certificating of Vessels</HD> <SECTION> <SECTNO>§ 2.01-1</SECTNO> <SUBJECT>Applications for inspections.</SUBJECT> <P>(a) <E T="03">Application forms.</E> (1) Applications for inspections of vessels required to be inspected under Subtitle II, Title 46 of the U.S. Code, Title 46 and Title 33 U.S. Code, or under 50 U.S.C. 198 shall be made by the master, owner, or agent on the following Coast Guard forms which are obtainable from the Officer in Charge, Marine Inspection, at any local U.S. Coast Guard Marine Safety Office.</P> <P>(i) CG-3752—Application for Inspection of U.S. Vessel.</P> <P>(ii) CG-986—Application for Inspection of Foreign Vessel.</P> <P>(2) These applications require information on name and type of vessel, nature of employment and route in which to be operated, and place where and date when the vessel may be inspected.</P> <P>(b) <E T="03">To whom submitted.</E> The completed form must be submitted to the Officer in Charge, Marine Inspection, in the Marine Inspection Zone within which the inspection is to be conducted.</P> <P>(c) <E T="03">New vessels.</E> Applications for inspection of new vessels must be preceded by the submission of applicable drawings or prints in accordance with the specific requirements in subchapters D (Tank Vessels), E (Load Lines), F (Marine Engineering), H (Passenger Vessels), I (Cargo and Miscellaneous Vessels), J (Electrical Engineering), K (Small Passenger Vessels Carrying More Than 150 Passengers Or With Overnight Accommodations For More Than 49 Passengers), L (Offshore Supply Vessels), O (Certain Bulk Dangerous Cargoes), S (Subdivision and Stability), and T (Small Passenger Vessels) of this chapter applicable to that particular type of vessel or type of service in which the vessel is proposed to be operated.</P> <P>(d) <E T="03">Foreign-built vessels.</E> (1) Those foreign-built vessels which are specifically authorized by public or private laws to engage in the coastwise trade, and those foreign-built vessels which are documented to engage in the foreign trade shall be inspected and certificated as required by law and/or the regulations in this chapter which are applicable to their class and employment.</P> <P>(2) Foreign-built vessels are not permitted to engage in the U.S. coastwise trade (domestic trade) unless specifically authorized by law. Therefore, when foreign-built vessels are intended for use in the coastwise trade as defined by the U.S. Customs Service, such vessels will not be inspected and certificated unless specifically authorized by law to engage in coastwise trade.</P> <CITA>[CG FR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 91-030, 60 FR 13563, Mar. 13, 1995; CGD 97-057, 62 FR 51041, Sept. 30, 1997; CGD 95-028, 62 FR 51194, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <PRTPAGE P="14"/> <SECTNO>§ 2.01-3</SECTNO> <SUBJECT>Notification of inspection.</SUBJECT> <P>(a) At least 30 days, but less than 60 days, prior to the expiration of the Certification of Inspection, a vessel's owner, charterer, managing operator, agent, master or individual in charge shall notify the Coast Guard if the vessel will be required to be reinspected for certification or will be operated in such a manner as to not require a Certificate of Inspection.</P> <P>(b) The notification required by paragraph (a) shall be in writing and shall be submitted to the Officer in Charge, Marine Inspection for the Marine Inspection or Marine Safety Office of the port that:</P> <P>(1) Will be reinspecting and Certificating the Vessel;</P> <P>(2) Issued the vessel's current Certificate of Inspection if the vessel's schedule is such that it is not known where the next reinspection will take place; or</P> <P>(3) Issued the vessel's current Certificate of Inspection if the vessel will not be requiring reinspection for the issuance of a Certificate of Inspection.</P> <CITA>[CGD 85-015, 51 FR 19340, May 29, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-5</SECTNO> <SUBJECT>Certificate of inspection.</SUBJECT> <P>(a) <E T="03">Issuance of certificates.</E> Upon completion of the inspection of a United States vessel, and on condition that the vessel and its equipment are approved by the inspector, a certificate of one or more of the following Coast Guard forms is issued by the Officer in Charge, Marine Inspection:</P> <P>(1) CG-841—Certificate of Inspection.</P> <P>(2) CG-854—Temporary Certificate of Inspection.</P> <P>(3) CG-3753—Certificate of Inspection (for small passenger vessels).</P> <P>(4) CG-4678—Barge Certificate of Inspection.</P> <P>(b) <E T="03">Description of certificates.</E> The certificates of inspection issued to United States vessels describe the vessel, the route the vessel may travel, the minimum manning requirements, the safety equipment and appliances required to be on board, the total number of persons that may be carried, and the names of the owners and operators. The period of validity is stated on the certificate. The certificate may be renewed by applying for inspection under § 2.01-1.</P> <P>(c) <E T="03">Amending certificates.</E> When because of a change in the character of the vessel or vessel's route, equipment, etc. the vessel does not comply with the requirements of the Certificate of Inspection previously issued, a certificate amending such certificate may be issued at the discretion of the Officer in Charge, Marine Inspection, to whom request is made on Coast Guard form CG-858, Certificate of Inspection Amendment.</P> <CITA>[CGD 77-014, 44 FR 5316, Jan. 25, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-6</SECTNO> <SUBJECT>Certificates issued to foreign vessels.</SUBJECT> <P>(a) <E T="03">Issuance of certificates.</E> Upon completion of an examination of a foreign vessel, one or more of the following certificates is issued by the Officer in Charge, Marine Inspection:</P> <P>(1) CG-4504—Control Verification for Foreign Vessel—issued to a foreign vessel that is registered in a country which is signatory to the International Convention for the Safety of Life at Sea, 1974.</P> <P>(2)(i) CG-2832A—Letter of Compliance—issued to a foreign vessel that is suitable for carriage of hazardous cargoes in bulk as defined in 46 Code of Federal Regulations, subchapter 0 and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Inspection Regulations (33 CFR part 164).</P> <P>(ii) Letter of Compliance—issued to Foreign Mobile Offshore Drilling Units engaged in Outer Continental Shelf activities under 33 CFR 143.210.</P> <P>(3) CG-840S-1—Tank Vessel Examination Letter—issued to a foreign vessel that is suitable for carriage of cargoes as defined in 46 Code of Federal Regulations, subchapter D and is in compliance with Tankship Cargo Venting and Handling Systems and Minimum Safety Standards (SOLAS 74—46 CFR part 35), Pollution Prevention Regulations and Transfer Procedures (33 CFR parts 155, 156, 157 and 159), and Navigation Safety Regulations (33 CFR part 164).</P> <P>(4) Foreign vessels of countries which are nonsignatory to the International <PRTPAGE P="15"/>Convention for the Safety of Life at Sea, 1974, are issued a Temporary Certificate of Inspection (CG-854) and a Certificate of Inspection (CG-841) as described in § 2.01-5.</P> <P>(b) <E T="03">Description of Certificates.</E> (1) CG-4504—Control Verification for Foreign Vessels—describes the vessel, type of certificate required by the International Convention for the Safety of Life at Sea, 1974, country issued by, and its expiration date. The period of validity of a control verification for foreign vessel is stated on the certificate.</P> <P>(2) CG-2832A—Letter of Compliance—describe the vessel and the period for which the letter is valid.</P> <P>(3) CG-840S-1—Tank Vessel Examination Letter—describe the vessel and if there are any deficiencies as to applicable regulations at the time the vessel was examined. If there are deficiencies they are listed in an attachment to this letter (CG-840S-2). The Tank Vessel Examination Letter is valid for a period of 1 year from the date the examination is completed.</P> <P>(4) Temporary Certificate of Inspection (CG-854) and Certificate of Inspection (CG-841) are amended as provided for in § 2.01-5(c).</P> <CITA>[CGD 77-014, 44 FR 5316, Jan. 25, 1979, as amended by CGD 90-008, 55 FR 30659, July 26, 1990; CGD 91-030, 60 FR 13563, Mar. 13, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-7</SECTNO> <SUBJECT>Classes of vessels (including motorboats) examined or inspected and certificated.</SUBJECT> <P>(a) The regulations in this chapter concerning inspecting and certificating vessels are applicable to vessels (including motorboats) as indicated in the following table 2.01-7(a):<PRTPAGE P="16"/> </P> <GPOTABLE CDEF="s57,r57,r57,r57,r57,r57,r57,r57" COLS="8" OPTS="L2"> <TTITLE>Table 2.01-7(a)</TTITLE> <BOXHD> <CHED H="1">Method of propulsion</CHED> <CHED H="1">Size or other limitations</CHED> <CHED H="1">Classes of vessels (including motorboats) examined or inspected under various Coast Guard Regulations <SU>1</SU> </CHED> <CHED H="2">Vessels inspected and certificated under Subchapter D—Tank Vessels <SU>2</SU> </CHED> <CHED H="2">Vessels inspected and certificated under either Subchapter H—Passenger Vessels <SU>2</SU> <SU>3</SU> <SU>4</SU> <SU>5</SU> or Subchapter T—Small Passenger Vessels <SU>2</SU> <SU>3</SU> <SU>4</SU> </CHED> <CHED H="2">Vessels inspected and certificated under Subchapter I—Cargo and Miscellaneous Vessels <SU>2</SU> <SU>5</SU> </CHED> <CHED H="2">Vessels subject to provisions of Subchapter C—Uninspected Vessels <SU>2</SU> <SU>3</SU> <SU>6</SU> <SU>7</SU> <SU>8</SU> </CHED> <CHED H="2">Vessels subject to provisions of Subchapter U—Oceanographic Vessels <SU>2</SU> <SU>5</SU> <SU>6</SU> <SU>7</SU> <SU>9</SU> </CHED> <CHED H="2">Vessels subject to the provisions of Subchapter O—Certain Bulk Dangerous Cargoes <SU>10</SU> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="25">Column 1</ENT> <ENT>Column 2</ENT> <ENT>Column 3</ENT> <ENT>Column 4</ENT> <ENT>Column 5</ENT> <ENT>Column 6</ENT> <ENT>Column 7</ENT> <ENT>Column 8</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Steam</ENT> <ENT>Vessels not over 65 feet in length</ENT> <ENT>All vessels carrying combustible or flammable liquid cargo in bulk</ENT> <ENT O="xl">All vessels carrying more than 6 passengers.<SU>7</SU> </ENT> <ENT>All tugboats and towboats</ENT> <ENT>All vessels except those covered by columns 3, 4, 5, and 7</ENT> <ENT>None</ENT> <ENT>All vessels carrying in bulk the cargoes listed in Table I of Pt. 153 and Table 4 of Pt. 154.</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>Vessels over 65 feet in length</ENT> <ENT O="xl">All vessels carrying combustible or flammable liquid cargo in bulk.<SU>5</SU> </ENT> <ENT>1. All vessels carrying more than 12 passengers on an international voyage, except yachts </ENT> <ENT>All vessels except those covered by columns 3 and 4 </ENT> <ENT>None </ENT> <ENT>All vessels engaged in oceanographic research </ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">2. All vessels of not over 15 gross tons which carry more than 6 passengers.<SU>7</SU> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">3. All other vessels carrying passengers,<SU>7</SU> except:</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">a. Yachts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT>b. Documented cargo or tank vessels issued a permit to carry not more than 16 persons in addition to the crew</ENT> </ROW> <ROW> <PRTPAGE P="17"/> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT>c. Towing and fishing vessels, in other than ocean and coastwise service, may carry persons on the legitimate business of the vessel <SU>5</SU> in addition to crew, but not to exceed one for each net ton of the vessel</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Motor</ENT> <ENT>Vessels not over 15 gross tons</ENT> <ENT>All vessels carrying combustible or flammable liquid cargo in bulk</ENT> <ENT O="xl">All vessels carrying more than 6 passengers.<SU>7</SU> </ENT> <ENT>Those vessels carrying dangerous cargoes when required by 46 CFR part 98 or 49 CFR parts 171-179</ENT> <ENT>All vessels except those covered by columns 3, 4, 5, and 7</ENT> <ENT>None</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="11"/> <ENT>Vessels over 15 gross tons except seagoing motor vessels of 300 gross tons and over</ENT> <ENT O="xl">All vessels carrying combustible or flammable liquid cargo in bulk.<SU>5</SU> </ENT> <ENT>1. All vessels carrying more than 12 passengers on an international voyage, except yachts</ENT> <ENT>All vessels carrying freight for hire except those covered by columns 3 and 4</ENT> <ENT>All vessels except those covered by columns 3, 4, 5, and 7</ENT> <ENT>None</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">2. All vessels not over 65 feet in length which carry more than 6 passengers.<SU>7</SU> </ENT> </ROW> <ROW RUL="n,s"> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT>3. All other vessels of over 65 feet in length carrying passengers for hire except documented cargo or tank vessels issued a permit to carry not more than 16 persons in addition to the crew</ENT> </ROW> <ROW> <PRTPAGE P="18"/> <ENT I="11"/> <ENT>Seagoing motor vessels of 300 gross tons and over</ENT> <ENT O="xl">All vessels carrying combustible or flammable liquid cargo in bulk.<SU>5</SU> </ENT> <ENT>1. All vessels carrying more than 12 passengers on an international voyage, except yachts</ENT> <ENT>All vessels except those covered by columns 3 and 4, and those engaged in the fishing, oystering, clamming, crabbing, or any other branch or the fishery, kelp, or sponge industry</ENT> <ENT>All vessels except those covered by columns 3, 4, 5, and 7</ENT> <ENT>All vessels engaged in oceanographic research</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">2. All other vessels carrying passengers,<SU>7</SU> except:</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl">a. Yachts.</ENT> </ROW> <ROW RUL="n,s"> <ENT I="22"/> <ENT O="xl"/> <ENT O="xl"/> <ENT>b. Documented cargo or tank vessels issued a permit to carry not more than 16 persons in addition to the crew</ENT> </ROW> <ROW RUL="n,s"> <ENT I="01">Sail</ENT> <ENT>Vessels not over 700 gross tons</ENT> <ENT>All vessels carrying combustible or flammable liquid cargo in bulk</ENT> <ENT O="xl">All vessels carrying more than 6 passengers.<SU>7</SU> </ENT> <ENT>Those vessels carrying dangerous cargoes when required by 46 CFR part 98 or 49 CFR parts 171-179</ENT> <ENT>None</ENT> <ENT>None</ENT> <ENT>Do.</ENT> </ROW> <ROW RUL="n,s"> <PRTPAGE P="19"/> <ENT I="11"/> <ENT>Vessels over 700 gross tons</ENT> <ENT>All vessels carrying combustible or flammable liquid cargo in bulk</ENT> <ENT>All vessels carrying passengers for hire</ENT> <ENT>Those vessels carrying dangerous cargoes when required by 46 CFR part 98 or 49 CFR parts 171-179</ENT> <ENT>None</ENT> <ENT>None</ENT> <ENT>Do.</ENT> </ROW> <ROW> <ENT I="01">Non-self-propelled</ENT> <ENT>Vessels less than 100 gross tons</ENT> <ENT>All vessels carrying combustible or liquid cargo in bulk</ENT> <ENT O="xl">All vessels carrying more than 6 passengers.<SU>7</SU> </ENT> <ENT>Those vessels carrying dangerous cargoes when required by 49 CFR parts 171-179</ENT> <ENT>All barges carrying passengers except those covered by column 4</ENT> <ENT>None</ENT> <ENT>All tank barges carrying in bulk the cargoes listed in Table 151.05 of this chapter. <SU>1</SU> <SU>11</SU> </ENT> </ROW> <ROW> <ENT I="11"/> </ROW> <ROW> <ENT I="01">Vessels 100 gross tons or over</ENT> <ENT>All vessels carrying combustible or flammable liquid cargo in bulk</ENT> <ENT>All vessels carrying passengers for hire</ENT> <ENT>All seagoing barges except those covered by columns 3 and 4; and those inland barges carrying dangerous cargoes when required by 49 CFR parts 171-179</ENT> <ENT>All barges carrying passengers except those covered by columns 4 and 7</ENT> <ENT>All seagoing barges engaged in oceanographic research</ENT> <ENT>Do</ENT> </ROW> <TNOTE> <SU>1</SU> Where length is used in this table it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.</TNOTE> <TNOTE> <SU>2</SU> Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), and N (Dangerous Cargoes) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171-179 apply whenever hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.</TNOTE> <TNOTE> <SU>3</SU> Public nautical schoolships, other than vessels of the Navy and Coast Guard, shall meet the requirements of part 167 of subchapter R (Nautical Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, shall meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R (Nautical Schools) of this chapter.</TNOTE> <TNOTE> <SU>4</SU> Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter covers only those vessels of less than 100 gross tons.</TNOTE> <TNOTE> <SU>5</SU> Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo shall meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.</TNOTE> <TNOTE> <SU>6</SU> Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974.</TNOTE> <TNOTE> <SU>7</SU> The meaning of the term <E T="03">passenger</E> is as defined in the Act of May 10, 1956 (Sec. 1, 70 Stat. 151; 46 U.S.C. 390). On oceanographic vessels scientific personnel on board shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., shall be counted as persons.</TNOTE> <TNOTE> <SU>8</SU> Boilers and machinery are subject to examination on vessels over 40 feet in length.</TNOTE> <TNOTE> <SU>9</SU> Under 46 U.S.C. 441 an <E T="03">oceanographic research vessel</E> is a vessel “* * * being employed exclusively in instruction in oceanography or linmology, or both, or exclusively in oceanographic research, * * *.” Under 46 U.S.C. 443, “an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.” If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certificated for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.</TNOTE> <TNOTE> <SU>10</SU> Bulk dangerous cargoes are cargoes specified in table 151.01-10(b), in table I of part 153, and in table 4 of part 154 of this chapter.</TNOTE> <TNOTE> <SU>11</SU> For manned tank barges see § 151.01-10(e) of this chapter.</TNOTE> </GPOTABLE> <PRTPAGE P="20"/> <P>(b) The specific application of regulations concerning inspecting and certificating vessels is set forth in the specific subchapter governing a particular class of vessels.</P> <P>(1) For passenger vessels see part 70 of subchapter H (Passenger Vessels) of this chapter.</P> <P>(2) For cargo and miscellaneous vessels see part 90 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.</P> <P>(3) For tank vessels see part 30 of subchapter D (Tank Vessels) of this chapter.</P> <P>(4) For small passenger vessels see part 114 of subchapter K (Small Passenger Vessels Carrying More Than 150 Passengers or with Overnight Accommodations for More Than 49 Passengers) and part 175 of subchapter T (Small Passenger Vessels) of this chapter.</P> <P>(5) For uninspected vessels see part 24 of subchapter C (Uninspected Vessels) of this chapter.</P> <P>(6) For vessels carrying certain bulk dangerous cargoes see subchapter O of this chapter.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 67-83, 33 FR 1102, Jan. 27, 1968; CGFR 70-10, 35 FR 3706, Feb. 25, 1970; CGD 73-96, 42 FR 49022, Sept. 26, 1977; CGD 86-033, 53 FR 36023, Sept. 16, 1988; 53 FR 46871, Nov. 21, 1988; CGD 90-008, 55 FR 30659, July 26, 1990; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-8</SECTNO> <SUBJECT>Application of regulations to vessels or tankships on an international voyage.</SUBJECT> <P>(a) Where, in various places or portions in this chapter, requirements are stipulated specifically for <E T="03">vessels on an international voyage</E> or <E T="03">tankships on an international voyage,</E> it is intended that these requirements apply only to vessels or tankships, as applicable, which are subject to the International Convention for Safety of Life at Sea, 1974.</P> <P>(b) For details regarding application of Convention requirements to tankships, see § 30.01-6 of this chapter; to passenger vessels, see § 70.05-10 of this chapter; to cargo ships other than tankships, see § 90.05-10 of this chapter; and to small passenger vessels, see § 176.35-1 of this chapter. (E.O. 11239, 30 FR 9671, 3 CFR, 1965 Supp.).</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 90-008, 55 FR 30659, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-10</SECTNO> <SUBJECT>Inspection requirements—domestic vessels.</SUBJECT> <P>(a) If during the inspection of a vessel made at the request of the master, owner, or agent, the vessel or her equipment is found not to conform to the requirements of law or regulations in this chapter, the requirements which must be met will be listed on Form CG-835, Notice of Merchant Marine Inspection Requirements, and given to the master of the vessel.</P> <P>(b) The Coast Guard on its own initiative may examine or inspect or reinspect at any time any vessel subject to inspection under Subtitle II, Title 46 of the U.S. Code, Title 46 and Title 33 U.S. Code. If during such examination, inspection, or reinspection, any failure to comply with any applicable requirement of law and/or applicable regulations in this chapter, or any defects or imperfections become apparent tending to render the navigation of the vessel unsafe, or that repairs have become necessary, the Coast Guard will so notify the master and state what is required.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51194, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-13</SECTNO> <SUBJECT>Inspection requirements—foreign vessels.</SUBJECT> <P>(a) Foreign vessels registered in countries which are parties to the effective International Convention for Safety of Life at Sea are normally subject to the examination provided for in Chapter I of that Convention. However, in the case of any vessel involving novel features of design or construction, upon which that Convention is silent or which involve potential unusual operating risks, a more extensive inspection may be required when considered necessary to safeguard the life or property in United States ports where such vessel may enter. In such a case, pertinent plans and/or calculations may be required to be submitted sufficiently in advance to permit evaluation before inspection.<PRTPAGE P="21"/> </P> <P>(b) Foreign vessels registered in countries which are not parties to the effective International Convention for Safety of Life at Sea, or foreign vessels registered in countries which are parties to the effective Convention but which vessels are exempted from part or all of the Convention, may under conditions specified in applicable inspection laws be subject to inspection and certification as specified in regulations governing specific categories of vessels.</P> <P>(c) For details concerning application of regulations to foreign vessels, see part 30 (Tank Vessels), part 70 (Passenger Vessels), part 90 (Cargo and Miscellaneous Vessels), § 147.1 (Dangerous Cargoes), part 148 (Bulk Solid Hazardous Materials), parts 153 and 154 (Certain Bulk Dangerous Cargoes), and part 175 (Small Passenger Vessels) of this chapter.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49022, Sept. 26, 1977; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-15</SECTNO> <SUBJECT>Vessel repairs.</SUBJECT> <P>(a) No repairs or alterations affecting the safety of the vessel or its machinery shall be made unless applicable requirements in this chapter are met. The procedures to be followed in notifying the Coast Guard about vessel repairs vary according to the type of vessel and service in which engaged. The requirements are set forth in the subchapter governing a particular class of vessels or in a subchapter governing a particular subject as follows:</P> <P>(1) For passenger vessels that are 100 gross tons or more, see §§ 71.55-1 and 71.60-1 of subchapter H (Passenger Vessels) of this chapter.</P> <P>(2) For small passenger vessels under 100 gross tons, see § 176.700 of subchapter T (Small Passenger Vessels) of this chapter.</P> <P>(3) For cargo and miscellaneous vessels, see §§ 91.45-1 and 91.50-1 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.</P> <P>(4) For tank vessels, see §§ 31.10-25 and 35.01-1 of subchapter D (Tank Vessels) of this chapter.</P> <P>(5) For public nautical schoolships, see §§ 167.30-1 and 167.30-10 of subchapter R (Nautical Schools) of this chapter.</P> <P>(6) For oceanographic vessels, see §§ 189.45-1 and 189.50-1 of subchapter U (Oceanographic Vessels) of this chapter.</P> <P>(7) For repairs to a vessel after it has been surveyed, see § 42.09-50 of subchapter E (Load Lines) of this chapter.</P> <P>(8) For repairs to boilers, pressure vessels, and appurtenances, see part 59 of subchapter F (Marine Engineering) of this chapter.</P> <P>(9) For repairs to electrical installations or equipment, see §§ 111.05-5(e), 111.05-10(e), and 111.90-5 of subchapter J (Electrical Engineering) of this chapter.</P> <P>(10) For vessels carrying compressed gases regulated by subchapter O (Certain Bulk Dangerous Cargoes), see § 151.50 30(c) of this chapter.</P> <P>(11) For repairs to a vessel that affects its subdivision or stability, see § 170.005 of this chapter.</P> <P>(b) If repairs to a vessel are necessary, such a vessel may be permitted to proceed to another port for repairs, if in the opinion of the marine inspector it can be done with safety. The permit is granted by the Officer in Charge, Marine Inspection, upon request in writing by the master or owner of the vessel and is issued on Coast Guard Form CG-948, Permit to Proceed to Another Port for Repairs. The requirements for such permits are set forth in the subchapter governing a particular class of vessels as follows:</P> <P>(1) For passenger vessels that are 100 gross tons or more, see subpart 71.05 of subchapter H (Passenger Vessels) of this chapter.</P> <P>(2) For small passenger vessels under 100 gross tons, see subpart B of subchapter T (Small Passenger Vessels) of this chapter.</P> <P>(3) For cargo and miscellaneous vessels, see subpart 91.05 of subchapter I (Cargo and Miscellaneous Vessels) of this chapter.</P> <P>(4) For tank vessels, see § 31.10-35 of subchapter D (Tank Vessels) of this chapter.</P> <P>(5) For public nautical schoolships, see § 167.30-5 of subchapter R (Nautical Schools) of this chapter.<PRTPAGE P="22"/> </P> <P>(6) For oceanographic vessels, see subpart 189.05 of subchapter U (Oceanographic Vessels) of this chapter.</P> <CITA>[CGFR 68-126, 34 FR 9010, June 5, 1969, as amended by CGD 73-96, 42 FR 49023, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-20</SECTNO> <SUBJECT>Suspension or revocation of certificates of inspection.</SUBJECT> <P>Under the authority if 46 U.S.C. 3313 and 46 U.S.C. 3710, a certificate of inspection issued to a vessel may be suspended revoked if a vessel is found not to comply with the terms of its certificate or fails to meet a standard required by this chapter.</P> <CITA>[CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-25</SECTNO> <SUBJECT>International Convention for Safety of Life at Sea, 1974.</SUBJECT> <P>(a) <E T="03">Certificates required.</E> (1) The International Convention for Safety of Life at Sea, 1974, requires one or more of the following certificates to be carried on board certain passenger, cargo or tankships engaged in international voyages:</P> <P>(i) Passenger Ship Safety Certificate.</P> <P>(ii) Cargo Ship Safety Construction Certificate.</P> <P>(iii) Cargo Ship Safety Equipment Certificate.</P> <P>(iv) Cargo Ship Safety Radiotelephony Certificate.</P> <P>(v) Cargo Ship Radiotelegraphy Certificate.</P> <P>(vi) Exemption Certificate.</P> <P>(vii) Nuclear Passenger Ship Safety Certificate.</P> <P>(viii) Nuclear Cargo Ship Safety Certificate.</P> <P>(ix) Safety Management Certificate.</P> <P>(2) The U.S. Coast Guard will issue through the Officer In Charge, Marine Inspection, the following certificates after performing an inspection or safety management audit of the vessel's systems and determining the vessel meets the applicable requirements:</P> <P>(i) Passenger Ship Safety Certificate.</P> <P>(ii) Cargo Ship Safety Construction Certificate, except when issued to cargo ships by a Coast Guard recognized classification society at the option of the owner or agent.</P> <P>(iii) Cargo Ships Safety Equipment Certificate.</P> <P>(iv) Exemption Certificate.</P> <P>(v) Nuclear Passenger Ship Safety Certificate.</P> <P>(vi) Nuclear Cargo Ship Safety Certificate.</P> <P>(vii) Safety Management Certificate, except when issued by a recognized organization authorized by the Coast Guard.</P> <P>(3) When authorized by the Commandant, U.S. Coast Guard, the American Bureau of Shipping may issue to cargo and tankships which it classes the Cargo Ship Safety Construction Certificate.</P> <P>(4) The Federal Communications Commission will issue the following certificates:</P> <P>(i) Cargo Ship Safety Radiotelephony Certificate.</P> <P>(ii) Cargo Ship Radiotelegraphy Certificate.</P> <P>(iii) Exemption Certificate.</P> <P>(b) <E T="03">Applications.</E> (1) The application for inspection and issuance of a certificate or certificates is made on the appropriate form listed in § 2.01-1, or by letter, to the Officer in Charge, Marine Inspection, in or nearest the port at which the inspection is to be made and shall be signed by the master or agent of the vessel. The certificates previously issued are surrendered at the time the inspection is performed. Further details are set forth in subchapter D (Tank Vessels), subchapter H (Passenger Vessels), subchapter I (Cargo and Miscellaneous Vessels), subchapter O (Certain Bulk Dangerous Cargoes), and subchapter T (Small Passenger Vessels), of this chapter.</P> <P>(2) The application for the inspection of a vessel other than a passenger vessel concerning the issuance of a Cargo Ship Safety Radiotelephony Certificate or a Cargo Ship Safety Radiotelegraphy Certificate is made by formal application on FCC Form 801 to the local office of the Federal Communications Commission.</P> <P>(c) <E T="03">Certificates issued.</E> (1) If a vessel meets the applicable requirements of the Convention, it shall be issued appropriate certificates listed in paragraph (a) of this section. These certificates describe the vessel and state the <PRTPAGE P="23"/>vessel is in compliance with the applicable requirements of the Convention.</P> <P>(2) A Convention certificate may be withdrawn, revoked or suspended at any time when it is determined the vessel is no longer in compliance with applicable requirements. (See § 2.01-70 for appeal procedures.)</P> <P>(d) <E T="03">CG-969—Notice of Receipt of Application for Passenger Ship Safety Certificate.</E> (1) The Passenger Ship Safety Certificate is issued by the Commandant after determining all applicable requirements of the Convention have been met. In the event the completion of the certification of any passenger vessel cannot be effected prior to the sailing of the passenger ship on a foreign voyage, or in any case where the Passenger Ship Safety Certificate is not received from the Commandant before the ship sails on a foreign voyage, the Officer in Charge, Marine Inspection, will issue a completed Form CG-969, describing the passenger ship and certifying that an application for a Passenger Ship Safety Certificate is being processed, and that in his opinion the vessel meets applicable requirements of the Convention administered by the Coast Guard.</P> <P>(2) The completed Form CG-969 may be exhibited in explanation of the failure of the passenger ship to have on board a current Passenger Ship Safety Certificate. This completed form CG-969 may be accepted as prima facie evidence that the passenger ship described therein is in compliance with the applicable requirements of the Convention.</P> <P>(e) <E T="03">Exempted vessel.</E> (1) A vessel may be exempted by the Commandant from complying with certain requirements of the Convention under his administration upon request made in writing to him and transmitted via the Officer in Charge, Marine Inspection. In such case the exemptions are stated in the Exemption Certificate, which is issued by the Commandant through the appropriate Officer in Charge, Marine Inspection.</P> <P>(2) The Exemption Certificate which modifies the Cargo Ship Safety Radiotelephony Certificate or the Cargo Ship Safety Radiotelegraphy Certificate is issued by the Federal Communications Commission.</P> <P>(f) <E T="03">Posting certificates.</E> The Convention certificates issued to a vessel shall be posted in a prominent and accessible place on the vessel in a manner similar to that for certificates of inspection.</P> <P>(g) <E T="03">Foreign flag vessels.</E> At the request of the government of a country in which is registered a vessel engaged in an international voyage, such a vessel may be issued the applicable certificate or certificates listed in paragraph (a) of this section. The certificate will be issued only after inspection has been made by the issuing agency, providing the vessel is found to comply with the requirements of the Convention.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49023, Sept. 16, 1977; CGD 90-008, 55 FR 30659, July 26, 1990; CGD 95-073, 62 FR 67514, Dec. 24, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-30</SECTNO> <SUBJECT>Delegation of OCMI signature authority.</SUBJECT> <P>The OCMI may redelegate to one individual on his or her staff authority to sign documents issued under this subpart.</P> <CITA>[CGD 97-001, 62 FR 17748, Apr. 11, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-40</SECTNO> <SUBJECT>Passengers or persons in addition to crew on cargo or tank vessels.</SUBJECT> <P>(a) Under the authority of 46 U.S.C. 3304, a documented vessel transporting cargo may be allowed by its certificate of inspection to carry not more than 12 individuals in addition to the crew on international voyages and not more than 16 individuals in addition to the crew on other voyages.</P> <P>(b) The application for permission to carry persons in addition to the crew may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-45</SECTNO> <SUBJECT>Excursion permit.</SUBJECT> <P>(a) Under the authority of 46 U.S.C. 2113, a passenger vessel may be permitted to engage in excursions and carry additional numbers of passengers. For details see part 71 of subchapter H (Passenger Vessels) of this chapter.<PRTPAGE P="24"/> </P> <P>(b) The application for an excursion permit is made by the master, owner, or agent of the vessel to the Officer in Charge, Marine Inspection, on Coast Guard Form CG-950, Application for Excursion Permit. If, after inspection, permission is granted, it is given on Coast Guard Form CG-949, Permission to Carry Excursion Party. The permit describes the vessel, the route over which and the period during which the excursions may be made, and the safety equipment required for the additional persons indicated.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-50</SECTNO> <SUBJECT>Persons other than crew on towing, oyster, or fishing steam vessels.</SUBJECT> <P>(a) A steam vessel engaged in towing, oyster dredging and planting, and fishing may be permitted to carry persons in addition to its crew.</P> <P>(b) The application for a permit to carry such persons may be included in the application described in § 2.01-1. If granted it is endorsed on the certificate of inspection.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-60</SECTNO> <SUBJECT>Overtime compensation.</SUBJECT> <P>(a) <E T="03">General.</E> Extra compensations for overtime services performed by inspectors of vessels and their assistants, shipping commissioners and their deputies and assistants who may be required to remain on duty between the hours of 5:00 p.m. and 8:00 a.m. or on Sundays or holidays to perform services in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels is authorized by 46 U.S.C. 2111 and regulations in part 9 of this chapter, together with the method of computing such extra compensation.</P> <P>(b) <E T="03">Application and certification of time.</E> Application for the performance of such overtime services and certification of services performed is made by the master, owner, or agent of a vessel to the Officer in Charge, Marine Inspection, on Form CG-830, Application for and Certificate of Overtime Service.</P> <P>(c) <E T="03">Collection.</E> The bill for the collection of the overtime compensation is submitted by the Officer in Charge, Marine Inspection to the master, owner, or agent on whose vessel overtime services are performed on Form CG-832, Bill for Collection Overtime Services. Payment is made to the Collector of Customs of the port designated.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-70</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> <P>Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.</P> <CITA>[CGD 88-033, 54 FR 50379, Dec. 6, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.01-80</SECTNO> <SUBJECT>Vessel inspections in Alaska.</SUBJECT> <P>(a) The waters of southeastern Alaska inside of the general trend of the shore from Cape Spencer, southeasterly to Cape Muzon, and thence easterly to Sitklan Island, shall be considered as bays, sounds, and lakes other than the Great Lakes, for the purpose of administering the vessel inspection laws and applicable regulations in this chapter.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.10—Fees</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 91-030, 60 FR 13563, Mar. 13, 1995, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 2.10-1</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>(a) This subpart establishes vessel inspection fees for all vessels required to have a Certificate of Inspection and vessel examination fees for all foreign vessels required to have either a Letter of Compliance or a Tank Vessel Examination Letter.</P> <P>(b) The fees in this subpart do not apply to:</P> <P>(1) Vessels being inspected for the initial issuance of a Certificate of Inspection;</P> <P>(2) Foreign passenger vessels;</P> <P>(3) Training vessels operated by State maritime academies;</P> <P>(4) Public vessels of the United States except for Maritime Administration vessels; and<PRTPAGE P="25"/> </P> <P>(5) Publicly owned ferries.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-5</SECTNO> <SUBJECT>Exemptions.</SUBJECT> <P>(a) Vessels owned or operated by a non-profit organization may be exempted from payment of the fees required by this subpart, only if the vessel is used exclusively for one or more of the following:</P> <P>(1) Training youth in boating, seamanship, or navigation skills;</P> <P>(2) Educating youth in a course of marine environmental studies;</P> <P>(3) Providing excursions for persons with disabilities as defined under the Americans with Disabilities Act (ADA) [42 U.S.C. 12102(2)]; or</P> <P>(4) Providing medical services.</P> <P>(b) Vessels owned or operated by the Federal government or the government of any State or political subdivision thereunder may be exempted from the fees required by this subpart provided the vessel is used exclusively for one or more of the purposes listed in paragraph (a) of this section.</P> <P>(c) The term <E T="03">used exclusively</E> in paragraphs (a) and (b) of this section does not preclude:</P> <P>(1) The carriage of adult volunteers or crew, or</P> <P>(2) The vessel's use for fund raising activities without regard to the age of the participants aboard the vessel, provided revenues raised are for the operation and maintenance of the vessel and that such fund raisers are held no more frequently than once a month.</P> <P>(d) Vessel owners or operators may submit a written request for exemption to the Officer in Charge, Marine Inspection, of the Marine Inspection Zone in which the vessel normally operates. The exemption request must provide the vessel name, the vessel identification number, and evidence that the organization and the vessel meet the criteria set forth in this section.</P> <CITA>[CGD 96-067, 62 FR 19232, Apr. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-10</SECTNO> <SUBJECT>Waivers.</SUBJECT> <P>The Commandant (G-MRP) will waive collection of vessel inspection fees in this subpart for a Federally-owned or operated vessel if the fee would be directly paid by an agency acting as the vessel owner using Federal appropriated funds. By October 1 of each year, Federal agencies shall provide Commandant (G-MRP) with a list of the names and vessel identification numbers of vessels for which a fee waiver is requested.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-20</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) Unless otherwise specified, vessel owners must pay the fees required by this subpart before inspection or examination services are provided.</P> <P>(b) Fees required by this subpart must be paid in U.S. currency by check or money order, drawn on a U.S. bank, and made payable to the U.S. Treasury.</P> <P>(c) All payments must be accompanied by the vessel name and its vessel identification number.</P> <P>(d) Unless otherwise specified, fees required by this subpart must be mailed to the following address: USCG Inspection Fees, PO Box 105663, Atlanta, GA 30348-5663.</P> <P>(e) For purposes of this subpart, the address for Commandant (G-MRP) is: Commandant (G-MRP), United States Coast Guard, 2100 Second Street S.W., Washington, DC 20593-0001.</P> <P>(f) Information concerning a vessel's user fee anniversary date may be obtained from any Coast Guard Marine Safety or Marine Inspection Office.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-25</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply to this subpart:</P> <P> <E T="03">Drill ship MODU</E> means a mobile offshore drilling unit with a ship shape displacement hull intended for operation in the floating condition.</P> <P> <E T="03">Ferry</E> means, a vessel transporting passengers or vehicles on a regular run, over the most direct route between a point of embarkation and a point of debarkation on lands separated by a body of water other than an ocean, or between a point of embarkation and an island within the same State.</P> <P> <E T="03">Freight barge</E> means a non-self-propelled vessel carrying freight for hire.<PRTPAGE P="26"/> </P> <P> <E T="03">Freight ship</E> means a self-propelled freight vessel.</P> <P> <E T="03">Freight vessel</E> means a motor vessel of more than 15 gross tons that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel.</P> <P> <E T="03">Industrial vessel</E> means a vessel which, by reason of its special outfit, purpose, design, or function engages in certain industrial ventures. For the purposes of this subpart, this classification includes such vessels as dredges, cable layers, derrick barges, and construction and wrecking barges, but does not include vessels which carry passengers or freight for hire, OSVs, oceanographic research vessels, or vessels engaged in the fisheries.</P> <P> <E T="03">Liquefied gas tankship</E> means a self-propelled vessel equipped with cargo tanks primarily designed to carry liquefied or compressed gases in bulk.</P> <P> <E T="03">Mobile offshore drilling unit (MODU)</E> means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources that is: seagoing and 300 or more gross tons and self-propelled by machinery; Seagoing and 100 or more gross tons and non-self-propelled; or more than 65 feet in length and propelled by steam.</P> <P> <E T="03">Nautical school vessel</E> means a vessel operated by or in connection with a nautical school or an educational institution under section 13 of the Coast Guard Authorization Act of 1986, Public Law 99-640.</P> <P> <E T="03">Non-profit organization</E> means an organization under Internal Revenue Code (I.R.C.) section 501(c) which is exempt for the purposes of federal income taxation.</P> <P> <E T="03">Oceanographic research vessel</E> means a vessel that is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.</P> <P> <E T="03">Offshore supply vessel</E> or <E T="03">OSV</E> means a vessel that—</P> <P>(1) Is propelled by machinery other than steam;</P> <P>(2) Does not meet the definition of a passenger-carrying vessel in 46 U.S.C. 2101(22) or 46 U.S.C. 2101(35);</P> <P>(3) Is more than 15 but less than 500 gross tons (as measured under the Standard, Dual, or Simplified Measurement System under part 69, subpart C, D or E of this chapter) or less than 6,000 gross tons (as measured under the Convention Measurement System under part 69, subpart B of this chapter); and</P> <P>(4) Regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.</P> <P> <E T="03">Passenger barge</E> means a non-self-propelled passenger vessel, including a prison barge or a barge which carries occupied recreational vehicles.</P> <P> <E T="03">Passenger ship</E> means a self-propelled passenger vessel.</P> <P> <E T="03">Passenger vessel</E> means a vessel of at least 100 gross tons:</P> <P>(1) Carrying more than 12 passengers, including at least one passenger for hire;</P> <P>(2) That is chartered and carrying more than 12 passengers; or</P> <P>(3) That is a submersible vessel carrying at least one passenger for hire.</P> <P> <E T="03">Political subdivision</E> means a county, district, parish, township, city or similar governmental entity established within a State.</P> <P> <E T="03">Publicly owned</E> means, owned by (1) the federal government, or (2) the government of any State or political subdivision thereunder.</P> <P> <E T="03">Sailing school vessel</E> means a vessel of less than 500 gross tons, carrying more than 6 individuals who are sailing school instructors or sailing school students, principally equipped for propulsion by sail even if the vessel has an auxiliary means of propulsion, and owned or demise chartered and operated by a qualified organization during such times as the vessel is operated exclusively for the purposes of sailing instruction.</P> <P> <E T="03">Sea-going towing vessel</E> means a sea-going commercial vessel engaged in or intending to engage in the service of pulling, pushing or hauling alongside, or any combination of pulling, pushing or hauling alongside.<PRTPAGE P="27"/> </P> <P> <E T="03">Self-elevating MODU</E> means a mobile offshore drilling unit with movable legs capable of raising its hull above the surface of the sea.</P> <P> <E T="03">Semi-submersible MODU</E> means a mobile offshore drilling unit with the main deck connected to an underwater hull by columns or caissons, that is intended for drilling operations in the floating condition.</P> <P> <E T="03">Small passenger vessel</E> means a vessel of less than 100 gross tons:</P> <P>(1) Carrying more than 6 passengers, including at least one passenger for hire;</P> <P>(2) That is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;</P> <P>(3) That is chartered with no crew provided or specified by the owner or the owner's representative and carrying more than 12 passengers; or</P> <P>(4) That is a submersible vessel carrying at least one passenger for hire.</P> <P> <E T="03">State</E> means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands and any other territory or possession of the United States.</P> <P> <E T="03">Submersible MODU</E> means a mobile offshore drilling unit intended for drilling operations in the bottom-bearing condition, having the main deck connected to an underwater hull or pontoons by way of columns or caissons.</P> <P> <E T="03">Submersible vessel</E> means a vessel that is capable of operating below the surface of the water.</P> <P> <E T="03">Tank barge</E> means any tank vessel not equipped with means of propulsion.</P> <P> <E T="03">Tank vessel</E> means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue.</P> <P> <E T="03">Tankship</E> means any tank vessel propelled by power or sail, including an integrated tug and barge designed to operate together only in the pushing mode.</P> <P> <E T="03">User fee anniversary date</E> means the date on which a vessel's annual inspection fee is due each year. Once established by the Coast Guard, a vessel's user fee anniversary date remains fixed for as long as the vessel remains in service.</P> <P> <E T="03">Vessel identification number</E> (VIN) means a U.S. official number, a number assigned by a State, a number assigned by the Coast Guard, or a Lloyd's Register of Shipping identification number issued to a U.S. or foreign commercial vessel for purposes of vessel identification. For U.S. vessels, VIN means the number listed on the Certificate of Inspection. For foreign vessels, VIN means either the Lloyd's Register of Shipping identification number or the number assigned by the Coast Guard.</P> <P> <E T="03">Youth</E> means an individual 18 years of age or younger.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-101</SECTNO> <SUBJECT>Annual vessel inspection fee.</SUBJECT> <P>(a)(1) Unless otherwise provided by this subpart, each vessel required to have a Certificate of Inspection is subject to the annual vessel inspection fee listed in table 2.10-101 for its vessel category.</P> <P>(2) A vessel certificated for more than one service must pay only the higher of the two applicable fees in table 2.10-101 of this section.</P> <P>(b) The vessel owner or operator must pay the annual vessel inspection fee each year on or before the vessel's user fee anniversary date, unless the fee has been prepaid under § 2.10-103 of this subpart.</P> <P>(c) Payment of the annual vessel inspection fee entitles a vessel to all inspection services related to compliance with its Certificate of Inspection, including but not limited to the inspection for renewal of the Certificate of Inspection, reinspections (midperiod inspections), hull (drydock) inspections, deficiency inspections, damage surveys, repair and modification inspections, change in vessel service inspections, permit to proceed inspections, drydock extension inspections, and all inspections required for the issuance of international certificates.</P> <P>(d) Entitlement to inspection services for the current year remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel.<PRTPAGE P="28"/> </P> <GPOTABLE CDEF="s200,10" COLS="2" OPTS="L2(,0,),p3,8/9,f06,i1"> <TTITLE>Table 2.10-101.—<E T="04">Annual Vessel Inspection Fees for U.S. and Foreign Vessels Requiring a Certificate of Inspection</E> </TTITLE> <BOXHD> <CHED H="1"/> <CHED H="1"/> </BOXHD> <ROW> <ENT I="01">Any inspected vessel not listed in this table </ENT> <ENT>$1,030</ENT> </ROW> <ROW> <ENT I="22">Freight Barges:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 150 feet </ENT> <ENT>495</ENT> </ROW> <ROW> <ENT I="03">More than 150 feet but not more than 300 feet </ENT> <ENT>610</ENT> </ROW> <ROW> <ENT I="03">More than 300 feet </ENT> <ENT>955</ENT> </ROW> <ROW> <ENT I="22">Freight Ships:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 100 feet </ENT> <ENT>1,425</ENT> </ROW> <ROW> <ENT I="03">More than 100 feet but no more than 300 feet </ENT> <ENT>1,870</ENT> </ROW> <ROW> <ENT I="03">More than 300 feet </ENT> <ENT>5,410</ENT> </ROW> <ROW> <ENT I="22">Industrial Vessels:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 200 feet </ENT> <ENT>1,435</ENT> </ROW> <ROW> <ENT I="03">More than 200 feet </ENT> <ENT>2,550</ENT> </ROW> <ROW> <ENT I="22">Mobile Offshore Drilling Units (MODUs):</ENT> </ROW> <ROW> <ENT I="03">Drill ship MODUs </ENT> <ENT>6,710</ENT> </ROW> <ROW> <ENT I="03">Submersible MODUs </ENT> <ENT>4,695</ENT> </ROW> <ROW> <ENT I="03">Self-elevating MODUs </ENT> <ENT>4,695</ENT> </ROW> <ROW> <ENT I="03">Semi-submersible MODUs </ENT> <ENT>8,050</ENT> </ROW> <ROW> <ENT I="22">Nautical School Vessels:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 100 feet </ENT> <ENT>835</ENT> </ROW> <ROW> <ENT I="03">More than 100 feet but not more than 200 feet </ENT> <ENT>1,450</ENT> </ROW> <ROW> <ENT I="03">More than 200 feet </ENT> <ENT>7,205</ENT> </ROW> <ROW> <ENT I="22">Oceanographic Research Vessels:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 170 feet </ENT> <ENT>840</ENT> </ROW> <ROW> <ENT I="03">More than 170 feet but not more than 240 feet </ENT> <ENT>1,980</ENT> </ROW> <ROW> <ENT I="03">More than 240 feet </ENT> <ENT>3,610</ENT> </ROW> <ROW> <ENT I="22">Offshore Supply Vessels:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 140 feet </ENT> <ENT>1,135</ENT> </ROW> <ROW> <ENT I="03">More than 140 feet </ENT> <ENT>1,470</ENT> </ROW> <ROW> <ENT I="22">Offshore Supply Vessels: Alternate Reinspection Program *:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 140 feet </ENT> <ENT>940</ENT> </ROW> <ROW> <ENT I="03">More than 140 feet </ENT> <ENT>1,260</ENT> </ROW> <ROW> <ENT I="22">Passenger Barges:</ENT> </ROW> <ROW> <ENT I="13">Less than 100 gross tons and:</ENT> </ROW> <ROW> <ENT I="05">Less than 65 feet in length </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="05">65 feet or more in length </ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="13">100 gross tons or more and:</ENT> </ROW> <ROW> <ENT I="05">Certified for fewer than 150 passengers </ENT> <ENT>2,215</ENT> </ROW> <ROW> <ENT I="05">Certified for 150 or more passengers </ENT> <ENT>2,525</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="22">Passenger Ships:</ENT> </ROW> <ROW> <ENT I="13">Length not greater than 250 feet:</ENT> </ROW> <ROW> <ENT I="05">Certified for fewer than 150 passengers </ENT> <ENT>3,600</ENT> </ROW> <ROW> <ENT I="05">Certified for 150 or more passengers </ENT> <ENT>4,050</ENT> </ROW> <ROW> <ENT I="03">More than 250 feet but not more than 350 feet </ENT> <ENT>5,330</ENT> </ROW> <ROW> <ENT I="03">More than 350 feet but not more than 450 feet </ENT> <ENT>6,835</ENT> </ROW> <ROW> <ENT I="03">More than 450 feet </ENT> <ENT>14,650</ENT> </ROW> <ROW> <ENT I="22">Sailing School Vessels:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 30 feet </ENT> <ENT>530</ENT> </ROW> <ROW> <ENT I="03">More than 30 feet but not more than 65 feet </ENT> <ENT>560</ENT> </ROW> <ROW> <ENT I="03">More than 65 feet </ENT> <ENT>980</ENT> </ROW> <ROW> <ENT I="01">Sea-going Towing Vessels </ENT> <ENT>2,915</ENT> </ROW> <ROW> <ENT I="22">Small Passenger Vessels:</ENT> </ROW> <ROW> <ENT I="03">Less than 65 feet in length </ENT> <ENT>300</ENT> </ROW> <ROW> <ENT I="03">65 feet or more in length </ENT> <ENT>600</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="01">Tank Barges </ENT> <ENT>500</ENT> </ROW> <ROW> <PRTPAGE P="29"/> <ENT I="22">Tankships:</ENT> </ROW> <ROW> <ENT I="03">Length not greater than 100 feet </ENT> <ENT>1,295</ENT> </ROW> <ROW> <ENT I="03">More than 100 feet but not more than 300 feet </ENT> <ENT>2,310</ENT> </ROW> <ROW> <ENT I="03">More than 300 feet </ENT> <ENT>5,805</ENT> </ROW> <ROW> <ENT I="01">Liquefied Gas Tankships </ENT> <ENT>12,120</ENT> </ROW> <TNOTE>* Note: Eligibility for the reduced annual vessel inspection fee for Offshore Supply Vessels is contingent upon the vessel's continued acceptance in the alternative reinspection program by the cognizant Officer in Charge, Marine Inspection. </TNOTE> </GPOTABLE> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-067, 62 FR 19232, Apr. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-105</SECTNO> <SUBJECT>Prepayment of annual vessel inspection fees.</SUBJECT> <P>(a) Vessel owners may prepay the annual vessel inspection fee for any period of not less than three years, and not more than the design life or remaining expected service life of the vessel.</P> <P>(b) To prepay the annual vessel inspection fee for a period of three or more years, the owner must submit a written request to Commandant (G-MRP) specifying the vessel identification number and the period for which prepayment is to be made.</P> <P>(c) The total of the annual fees for the requested prepayment period will be discounted to its net present value using the following formula:</P> <MATH DEEP="33" SPAN="1"> <MID>ER13MR95.000</MID> </MATH> <FP SOURCE="FP-2">Where:</FP> <FP SOURCE="FP-2">PV is the Present Value of the series of annual user fees to be prepaid (the net amount to be prepaid)</FP> <FP SOURCE="FP-2">R<E T="52">O</E> is the published user fee of the vessel</FP> <FP SOURCE="FP-2">i is the interest rate for 10-year Treasury notes at the time of prepayment calculation</FP> <FP SOURCE="FP-2">is the rate of inflation (based on projected military personnel costs at the time of prepayment calculation)</FP> <FP SOURCE="FP-2">n is the total number of years to be prepaid</FP> <FP SOURCE="FP-2">t is the number of years after prepayment of the fee, for each annual increment (t=0, 1, 2, 3 ... n)</FP> <P>(d) When the annual vessel inspection fee has been prepaid, the entitlement to inspection services for the prepayment period attaches to the vessel and remains with the vessel if it is sold. The entitlement to inspection services may not be transferred to any other vessel.</P> <P>(e) If a vessel is removed from Coast Guard certification and the vessel owner surrenders the vessel's Certificate of Inspection, the owner may request a refund of the remaining prepayment amount. The annual vessel inspection fee will not be refunded for the year in which the Certificate of Inspection is surrendered. The request for refund must be submitted to the Officer in Charge, Marine Inspection to whom the Certificate of Inspection is surrendered.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.10-115</SECTNO> <SUBJECT>Changes in vessel service.</SUBJECT> <P>(a) If a vessel certificated for a single service changes service, the annual vessel inspection fee is not adjusted during the year in which a change in service occurs. The annual vessel inspection fee for the new vessel category is payable on the vessel's user fee anniversary date immediately following the date of the change in service.</P> <P>(b) If a change in service occurs and the annual vessel inspection fee has been prepaid, Commandant (G-MRP) will recalculate the prepayment amount based on the new vessel category and advise the owner of available prepayment options.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="30"/> <SECTNO>§ 2.10-120</SECTNO> <SUBJECT>Overseas inspection and examination fees.</SUBJECT> <P>(a) In addition to any other fee required by this subpart, an overseas inspection and examination fee of $4,585 must be paid for each vessel inspection and examination conducted outside the United States and its territories. This fee does not apply to vessel inspections and examinations conducted in Canada, Mexico, or the British Virgin Islands.</P> <P>(b) The overseas inspection and examination fee for each vessel must accompany each request to the cognizant Officer in Charge, Marine Inspection for an overseas inspection or examination.</P> </SECTION> <SECTION> <SECTNO>§ 2.10-125</SECTNO> <SUBJECT>Fees for examination of foreign tankships.</SUBJECT> <P>Each foreign tankship of a country party to the International Convention for the Safety of Life at Sea, 1974 as amended, must pay:</P> <P>(a) For examination for the issuance of a Letter of Compliance under § 2.01-6(a)(2)(i) of this part, or examination for the annual endorsement to a Letter of Compliance, a fee of $1,100.</P> <P>(b) For examination for the issuance of a Tank Vessel Examination Letter under § 2.01-6(a)(3) of this part, a fee of $1,100.</P> </SECTION> <SECTION> <SECTNO>§ 2.10-130</SECTNO> <SUBJECT>Fees for examination of foreign mobile offshore drilling units.</SUBJECT> <P>Each foreign mobile offshore drilling unit must pay:</P> <P>(a) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of either the documenting nation or the International Maritime Organization Code for Construction and Equipment of Mobile Offshore Drilling Units, a fee of $1,830.</P> <P>(b) For examination for the issuance of a Letter of Compliance indicating compliance with the design and equipment standards of 46 CFR part 108, the inspection fee listed in table 2.10-101 of this subpart for the same type of mobile offshore drilling unit.</P> </SECTION> <SECTION> <SECTNO>§ 2.10-135</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>(a) A vessel owner or operator who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty.</P> <P>(b) In addition to the fees established in this subpart, the Coast Guard may recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard inspection and examination services may also be withheld pending payment of outstanding fees owed to the Coast Guard for inspection and examination services provided.</P> <P>(c) Each District Commander or Officer in Charge Marine Inspection may request the Secretary of the Treasury, or the authorized representative thereof, to withhold or revoke the clearance required by 46 U.S.C. app. 91 of a vessel for which a fee or charge established under this part has not been paid or until a bond is posted for the payment.</P> <CITA>[CGD 91-030, 60 FR 13563, Mar. 13, 1995, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.20—Reports and Forms</HD> <SECTION> <SECTNO>§ 2.20-40</SECTNO> <SUBJECT>Chief engineer's reports.</SUBJECT> <P>(a) Repairs to boilers and pressure vessels. The chief engineer is required to report any repairs to boilers or unfired pressure vessels in accordance with §§ 33.25-5, 78.33-1, and 97.30-1 of this chapter.</P> <P>(b) The chief engineer of any vessel is required to report any accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item unsafe until repairs are made by §§ 35.25-5, 78.33-5, and 97.30-5 of this chapter.</P> <P>(c) The chief engineer shall report the renewal of fusible plugs in boilers by letter to the Officer in Charge, Marine Inspection, who issued the certificate of inspection when such fusible plugs are renewed at other than the inspection for certification and there is no marine inspector in attendance at the renewal. This letter report shall contain the following information:</P> <P>(1) Name and official number of vessel.</P> <P>(2) Date of renewal of fusible plugs.</P> <P>(3) Number and location of fusible plugs renewed in each boiler.</P> <P>(4) Manufacturer and heat number of each plug.<PRTPAGE P="31"/> </P> <P>(5) Reason for renewal.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGFR 68-82, 33 FR 18804, Dec. 18, 1968]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.20-50</SECTNO> <SUBJECT>Repairs or alterations in lifesaving or fire prevention equipment.</SUBJECT> <P>No repairs or alterations shall be made to any lifesaving or fire-detecting or fire-extinguishing equipment except in an emergency without advance notice to the Officer in Charge, Marine Inspection. See §§ 78.33-10 and 97.30-10 of this chapter.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.45[Reserved]</HD> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.50—Penalties</HD> <SECTION> <SECTNO>§ 2.50-1</SECTNO> <SUBJECT>Penalty procedures.</SUBJECT> <P>Civil and criminal penalty procedures appear in 33 CFR part 1. Civil monetary penalty amounts are set forth in 33 CFR part 27.</P> <CITA>[CGD 96-052, 62 FR 16703, Apr. 8, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.75—Approvals of Safety Equipment, Materials and Installations, and Qualifications for Construction Personnel</HD> <SECTION> <SECTNO>§ 2.75-1</SECTNO> <SUBJECT>Approvals.</SUBJECT> <P>(a) Certain navigation and vessel inspection laws, or regulations in this chapter or in 33 CFR chapter I, require the Commandant's approval before specific types of safety equipment, materials, or installations may be installed or used on vessels subject to Coast Guard inspection, or on other described vessels, motorboats, artificial islands, and fixed structures.</P> <P>(b) The Commandant's approvals are issued to persons, partnerships, companies, or corporations who offer for sale specific items of safety equipment, materials, or installations, or intend them for their own or others’ use. These approvals are intended to provide a control over the quality of such approved items. The Commandant's approvals apply only to those items constructed or installed in accordance with applicable requirements, and the details as described in the documents granting specific approval. If a specific item when manufactured does not comply with these details, then it is not considered to be approved and the approval issued does not apply to such modified item. For example, if an item is manufactured with changes in design or material not previously approved, the approval does not apply to such modified item. The failure to comply with applicable requirements and details specified in the approval subjects the holder to immediate suspension of approval as described in § 2.75-40, and if necessary, to a public hearing seeking withdrawal of approval and removal of all such items from use or installation as provided in § 2.75-50.</P> <P>(c) The Commandant's approvals are issued to qualified holders in the form of certificates of approval (Form CGHQ-10030), by appropriate description and identification in documents filed with the Office of the Federal Register and published in the <E T="04">Federal Register,</E> or by letters, or by appropriate markings on drawings, plans, etc. Under the direction of the Commandant, the Assistant Commandant for Marine Safety and Environmental Protection is delegated the authority to exercise the necessary actions relating to the granting, suspension, cancellation or revocation of approvals for special items of safety equipment, materials or installations required by law in regulation in this chapter or in 33 CFR chapter I to have the Commandant's approval. The authority delegated to the Assistant Commandant for Marine Safety and Environmental Protection may be further delegated by him.</P> <P>(d) The approvals granted to holders qualifying under the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (G-MSE), and to which official Coast Guard numbers are assigned, will be in the form of certificates of approval. Unless specifically provided otherwise, the approval shall be valid for a period of five years from the date on the certificate of approval, but subject to suspension and/or cancellation if it is found the item offered, sold, or used as Coast Guard approved differs in <PRTPAGE P="32"/>any detail from the item as described in the certificate of approval and referenced material.</P> <P>(e) A specific Commandant's approval granted to anyone, which is described in a certificate of approval, or a letter, or marked plans, etc., cannot be transferred to another without a specific prior authorization from the Commandant. Such a transfer without the Commandant's authorization normally terminates such approval.</P> <P>(f) A listing of current and formerly approved equipment and materials is published by the Coast Guard from time to time in “Equipment Lists” (COMDTINST M16714.3 series), which is available for sale from the Superintendent of Documents, Government Printing Office.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-5</SECTNO> <SUBJECT>Certificates of approval.</SUBJECT> <P>(a) The Assistant Commandant for Marine Safety and Environmental Protection or his delelegate, will issue a certificate of approval to the manufacturer or party named therein and certify that such manufacturer or party has submitted satisfactory evidence that the item described therein complies with the applicable laws and regulations, which are outlined on the reverse side of the certificate.</P> <P>(b) The approval shall be in effect for a period of 5 years from the date on the certificate of approval unless sooner canceled or suspended by proper authority, or otherwise specifically stated in the certificate.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-10</SECTNO> <SUBJECT>Procedures for obtaining approvals.</SUBJECT> <P>(a) The requirements for obtaining approvals of items covered by specifications and bearing official Coast Guard approval numbers are set forth in parts 159 through 164 of this chapter. For other items, the requirements are described in the regulations governing such items.</P> <P>(b) Unless otherwise specified, correspondence concerning approvals should be addressed to the Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001. When plans, drawings, test data, etc., are required to be submitted by the manufacturer, the material being transmitted with the application should be clearly identified.</P> <CITA>[CGD 76-048, 44 FR 73043, Dec. 17, 1979, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-15</SECTNO> <SUBJECT>Requirements and tests.</SUBJECT> <P>(a) Approved items described in certificates of approval are usually required to meet specific requirements and/or tests, prior to obtaining the approval. Additional factory tests to determine that proper uniformity and quality controls are followed during the manufacture of the specific items may be required. These requirements governing the manufacturer in particular are set forth in the regulations in this chapter or in specifications, copies of which may be obtained from the Commandant (G-MSE). If the requirements are met, a certificate of approval will be issued.</P> <P>(b) When the specific item described in an application, together with accompanying drawings, plans, etc., does not meet applicable requirements or fails to meet specified tests, the applicant will be notified accordingly. The Coast Guard may suggest changes in order for the item to qualify and permit the issuance of an approval.</P> <P>(c) For items not covered by specification requirements in parts 160 to 164, inclusive (subchapter Q—Specifications) of this chapter, the requirements in the navigation and vessel inspection laws, and applicable regulations in this chapter or in 33 CFR chapter I apply and shall be met before approvals may be issued.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50725, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <PRTPAGE P="33"/> <SECTNO>§ 2.75-25</SECTNO> <SUBJECT>Portable fire extinguishers.</SUBJECT> <P>(a) The portable fire extinguishers listed and labeled as <E T="03">marine type</E> by a recognized laboratory, as provided in subpart 162.028 of part 162 of subchapter Q (Specifications) of this chapter, will be accepted as approved for use on merchant vessels, motorboats, etc., whenever required by the regulations in this chapter, and for use on artificial islands and fixed structures on the Outer Continental Shelf whenever required by the regulations in 33 CFR parts 140 to 146, inclusive.</P> <P>(b) The procedures for manufacturers to follow and the requirements governing portable fire extinguishers to qualify being listed and labeled as <E T="03">marine type</E> by a recognized laboratory are set forth in subpart 162.028 of part 162 of subchapter Q (Specifications) of this chapter.</P> <P>(c) The procedures for a laboratory to qualify as a <E T="03">recognized laboratory</E> and to be listed in § 162.028-5 of subchapter Q (Specifications) of this chapter are as follows:</P> <P>(1) The laboratory shall submit an informal application in writing on its usual letterhead paper to the Commandant (G-M), United States Coast Guard, Washington, DC 20593, requesting recognition and listing, as a recognized laboratory.</P> <P>(2) Accompanying the informal application, as identified enclosures, shall be:</P> <P>(i) A certification that it is a laboratory which has been and is regularly engaged in the examination, testing, and evaluation of portable fire extinguishers.</P> <P>(ii) A certification that it has an established factory inspection, listing, and labeling program, together with a complete description of it and how it works.</P> <P>(iii) A description of its facilities used in the examination, testing, and evaluation of portable fire extinguishers, together with its name (if different from that of submitter), and location (city, street, and state).</P> <P>(iv) A list of the names and home and office addresses of its principal officers and its managing directors (if any).</P> <P>(v) A description of its special standards for listing and labeling portable fire extinguishers as <E T="03">marine type,</E> as contemplated by the specification in subpart 162.028 of part 162 of subchapter Q (Specifications) of this chapter.</P> <P>(3) If the Commandant finds that a laboratory qualifies as a <E T="03">recognized laboratory,</E> and it is subject to Coast Guard jurisdiction, the approval and listing will be published in the <E T="04">Federal Register</E> and will be in effect until suspended, canceled or terminated by proper authority. The failure of a recognized laboratory to maintain its established factory inspection, listing and labeling program as approved by the Commandant shall be cause for terminating a listing as a <E T="03">recognized laboratory.</E> </P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-40</SECTNO> <SUBJECT>Suspension of approval.</SUBJECT> <P>(a) Whenever it is determined that a specific item is not in compliance with the applicable laws, rules, and regulations, and the requirements specified in the approval issued by the Coast Guard, the District Commander or the Officer in Charge, Marine Inspection, will immediately notify the holder of the approval wherein the specific item fails to meet applicable requirements. If the defects, deficiencies or variations in the item are deemed important, such officer is authorized and may immediately suspend the approval, may require the holder to surrender the certificate of approval (if any), and may direct the holder to cease claiming the defective items are Coast Guard approved, pending a final decision from the Commandant in the matter.</P> <P>(b) The procedures for appealing the temporary suspension shall be those described in § 2.01-70.</P> </SECTION> <SECTION> <SECTNO>§ 2.75-50</SECTNO> <SUBJECT>Withdrawals or terminations of approvals and appeals.</SUBJECT> <P>(a) The Commandant may withdraw approval for any item which is found not to be in compliance with the conditions of approval, found to be unsuitable for its intended purpose, or does not meet the requirements of applicable regulations.</P> <P>(b) Approvals of equipment are terminated when the manufacturer is no longer in business, or when the item is <PRTPAGE P="34"/>no longer being manufactured, or when the approval expires.</P> <P>(c) Any person directly affected by a decision to deny, withdraw, or terminate an approval may appeal the decision to Assistant Commandant for Marine Safety and Environmental Protection (G-M) as provided in § 1.03-15 of this chapter.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-041, 61 FR 50725, Sept. 27, 1996; CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-60</SECTNO> <SUBJECT>Hazardous ships’ stores.</SUBJECT> <P>Hazardous ships’ stores, as defined in § 147.3 of this chapter, must not be brought on board or used on any vessel unless they meet the requirements of part 147 of this chapter.</P> <CITA>[CGD 84-044, 53 FR 7748, Mar. 10, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 2.75-70</SECTNO> <SUBJECT>Welding procedure and performance qualifications.</SUBJECT> <P>(a) Welding procedures and welder performance utilized in the fabrication of vessels and their various systems and components subject to Coast Guard inspection shall be qualified as required by the applicable subchapter. For applicable requirements see §§ 32.60-1(a) of subchapter D (Tank Vessels), § 72.01-15 of subchapter H (Passenger Vessels), § 92.01-10 of subchapter I (Cargo and Miscellaneous Vessels), or § 190.01-10 of subchapter U (Oceanographic Vessels) of this chapter. See part 57 of subchapter F (Marine Engineering) for requirements for the welding of pressure piping, boilers, pressure vessels, and nonpressure vessel type tanks, and associated secondary barriers as defined in § 38.05-4 of subchapter D (Tank Vessels) of this chapter.</P> <CITA>[CGFR 68-82, 33 FR 18804, Dec. 18, 1968]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.85—Load Lines</HD> <SECTION> <SECTNO>§ 2.85-1</SECTNO> <SUBJECT>Assignment of load lines.</SUBJECT> <P>Most U.S. vessels, and foreign vessels in U.S. waters are required to have load line assignments in accordance with 46 U.S.C. Chapter 51. The load lines marks when placed on a vessel indicate the maximum draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel. See subchapter E (Load Lines) of this chapter for applicable details governing assignment and marking of load lines.</P> <CITA>[CGD 95-028, 62 FR 51195, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.90—Plans, Drawings or Blueprints</HD> <SECTION> <SECTNO>§ 2.90-1</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) Drawings, blueprints or plans showing the details of construction of vessels subject to inspection or installations thereon are required to be submitted for approval in accordance with applicable regulations in this chapter, information as to which may be obtained at any local Marine Inspection Office.</P> <P>(b) The requirements for passenger vessel construction are in parts 43-46, 70-78, of this chapter.</P> <P>(c) The requirements for tank vessel construction are in parts 30-39, 43-45, of this chapter.</P> <P>(d) The requirements for cargo and miscellaneous vessel construction are in parts 43-45, 90-97, of this chapter.</P> <P>(e) The requirements for marine engineering installations or equipment are in parts 50-69 of this chapter.</P> <P>(f) The requirements for electrical engineering installations or equipment are in parts 110-113 of this chapter.</P> <P>(g) The requirements for items to be manufactured under specific approval by the Commandant are in parts 160-164 of this chapter.</P> <P>(h) The requirements for vessels carrying certain bulk dangerous cargoes are in parts 148, 151, 153, and 154 of this chapter.</P> <P>(i) The requirements for subdivision and stability plans and calculations are in part 170 of this chapter.</P> <CITA>[CGFR 65-50, 30 FR 16604, Dec. 30, 1965, as amended by CGD 73-96, 42 FR 49203, Sept. 26, 1977; CGD 79-023, 48 FR 51006, Nov. 4, 1983]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 2.95—Retention of Records by the Public</HD> <SECTION> <SECTNO>§ 2.95-1</SECTNO> <SUBJECT>Certificates or documents issued by Coast Guard.</SUBJECT> <P>(a) Certificates or documents issued to the public, as required by laws, <PRTPAGE P="35"/>rules, or regulations, shall be retained for the applicable period of time, as follows:</P> <P>(1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or,</P> <P>(2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for that period of time such certificate or document is required for operation of the vessel; or,</P> <P>(3) If the certificate or document is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered.</P> <P>(b) Nothing in this section shall be construed as preventing the Coast Guard from canceling, suspending, or withdrawing any certificate or document issued at any time.</P> </SECTION> <SECTION> <SECTNO>§ 2.95-5</SECTNO> <SUBJECT>Certificates or documents issued by others.</SUBJECT> <P>(a) Certificates or documents issued by other public agencies or private organizations, which are accepted as prima facie evidence of compliance with requirements administered by the Coast Guard, shall be retained for the applicable period of time as follows:</P> <P>(1) If the certificate or document specifies a definite period of time for which it is valid, it shall be retained for so long as it is valid unless it is required to be surrendered; or</P> <P>(2) If the certificate or document does not specify a definite period of time for which it is valid, it shall be retained for the period of time such certificate or document is required for operation of the vessel; or,</P> <P>(3) If the certificate or documents is evidence of a person's qualifications, it shall be retained for so long as it is valid unless it is required to be surrendered.</P> </SECTION> <SECTION> <SECTNO>§ 2.95-10</SECTNO> <SUBJECT>Equipment or material required to be approved.</SUBJECT> <P>(a) The manufacturer of any equipment or material, which must also be approved by or found satisfactory for use by the Commandant, shall keep the required drawings, plans, blueprints, specifications, production models (if any), qualification tests, and related correspondence containing evidence that the Coast Guard has found such equipment or material satisfactory, during the period of time the approval or listing is valid. Most of the specifications containing detailed descriptions of records required to be retained by the public are in parts 160 to 164, inclusive in subchapter Q (Specifications) of this chapter.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 3</EAR> <HD SOURCE="HED">PART 3—DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart 3.01—Authority and Purpose</HD> <SECHD>Sec.</SECHD> <SECTNO>3.01-1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 3.03—Application</HD> <SECTNO>3.03-1</SECTNO> <SUBJECT>Vessels subject to the requirements of this part.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 3.05—Definition of Terms Used in This Part</HD> <SECTNO>3.05-1</SECTNO> <SUBJECT>Letter of designation.</SUBJECT> <SECTNO>3.05-3</SECTNO> <SUBJECT>Oceanographic research vessel.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 3.10—Designation</HD> <SECTNO>3.10-1</SECTNO> <SUBJECT>Procedures for designating oceanographic research vessels.</SUBJECT> <SECTNO>3.10-5</SECTNO> <SUBJECT>Renewal of letter of designation.</SUBJECT> <SECTNO>3.10-10</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>46 U.S.C. 2113, 3306; 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 77-081, 46 FR 56202, Nov. 16, 1981, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart 3.01—Authority and Purpose</HD> <SECTION> <SECTNO>§ 3.01-1</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>The purpose of the regulations in this part is to establish standard procedures for the designation of certain vessels as oceanographic research vessels as defined in 46 U.S.C. 2101(18).</P> <CITA>[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="36"/> <HD SOURCE="HED">Subpart 3.03—Application</HD> <SECTION> <SECTNO>§ 3.03-1</SECTNO> <SUBJECT>Vessels subject to the requirements of this part.</SUBJECT> <P>The regulations in this subchapter are applicable to U.S. flag vessels desiring designation as oceanographic research vessels in accordance with 46 U.S.C. 2101(18).</P> <CITA>[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 3.05—Definition of Terms Used in This Part</HD> <SECTION> <SECTNO>§ 3.05-1</SECTNO> <SUBJECT>Letter of designation.</SUBJECT> <P>A letter issued by an Officer in Charge, Marine Inspection, designating an uninspected vessel as an oceanographic research vessel.</P> </SECTION> <SECTION> <SECTNO>§ 3.05-3</SECTNO> <SUBJECT>Oceanographic research vessel.</SUBJECT> <P>“An oceanographic research vessel is a vessel which the U.S. Coast Guard finds is employed exclusively in one or more of the following:</P> <P>(a) Oceanographic instruction;</P> <P>(b) Limnologic instruction;</P> <P>(c) Oceanographic research; or,</P> <P>(d) Limnologic research.”</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 3.10—Designation</HD> <SECTION> <SECTNO>§ 3.10-1</SECTNO> <SUBJECT>Procedures for designating oceanographic research vessels.</SUBJECT> <P>(a) Upon written request by the owner, master, or agent of a vessel, a determination will be made by the Officer in Charge, Marine Inspection, of the zone in which the vessel is located, whether the vessel may be designated as an oceanographic research vessel.</P> <P>(b) The request should contain sufficient information to allow the Officer in Charge, Marine Inspection, to make this determination. At a minimum, the following items must be submitted:</P> <P>(1) A detailed description of the vessel, including its identification number, owner and charterer.</P> <P>(2) A specific operating plan stating precisely the intended use of the vessel.</P> <P>(3) Any additional information as may be requested by the Officer in Charge, Marine Inspection.</P> <P>(c) If designation is granted, it shall be indicated as follows:</P> <P>(1) For inspected vessels—indicated on the certificate of inspection, valid for its duration.</P> <P>(2) For uninspected vessels—indicated by a letter of designation, which shall be maintained on board the vessel and remain in effect for two years from date of issuance.</P> <P>(d) All designations shall remain valid for the period specified on the applicable document, provided all operating conditions remain unchanged from the date of designation.</P> <P>(e) In the event of a change in operating conditions, the owner, master, or agent of the vessel shall advise the Officer in Charge, Marine Inspection who issued the designation. After reviewing the pertinent information concerning the operational changes, the Officer in Charge, Marine Inspection, shall determine if the vessel is still eligible to retain its designation as an oceanographic research vessel.</P> <CITA>[CGD 77-081, 46 FR 56202, Nov. 16, 1981, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 3.10-5</SECTNO> <SUBJECT>Renewal of letter of designation.</SUBJECT> <P>At least 60 days prior to the expiration date of the letter of designation or certificate of inspection, a request for renewal must be submitted in the same manner as described in 3.10-1. However, if the request for renewal is submitted to the Officer in Charge, Marine Inspection, who made the initial determination and all operating conditions remain unchanged, the information required by § 3.10-1(b) need not be resubmitted with the request.</P> </SECTION> <SECTION> <SECTNO>§ 3.10-10</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> <P>Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.</P> <CITA>[CGD 88-033, 54 FR 50379, Dec. 6, 1989]</CITA> </SECTION> </SUBPART> </PART> <PART> <PRTPAGE P="37"/> <EAR>Pt. 4</EAR> <HD SOURCE="HED">PART 4—MARINE CASUALTIES AND INVESTIGATIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart 4.01—Authority and Scope of Regulations</HD> <SECHD>Sec.</SECHD> <SECTNO>4.01-1</SECTNO> <SUBJECT>Scope of regulation.</SUBJECT> <SECTNO>4.01-3</SECTNO> <SUBJECT>Reporting exclusion.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.03—Definitions</HD> <SECTNO>4.03-1</SECTNO> <SUBJECT>Marine casualty or accident.</SUBJECT> <SECTNO>4.03-2</SECTNO> <SUBJECT>Serious marine incident.</SUBJECT> <SECTNO>4.03-4</SECTNO> <SUBJECT>Individual directly involved in a serious marine incident.</SUBJECT> <SECTNO>4.03-5</SECTNO> <SUBJECT>Medical facility.</SUBJECT> <SECTNO>4.03-6</SECTNO> <SUBJECT>Qualified medical personnel.</SUBJECT> <SECTNO>4.03-7</SECTNO> <SUBJECT>Chemical test.</SUBJECT> <SECTNO>4.03-10</SECTNO> <SUBJECT>Party in interest.</SUBJECT> <SECTNO>4.03-15</SECTNO> <SUBJECT>Commandant.</SUBJECT> <SECTNO>4.03-20</SECTNO> <SUBJECT>Coast Guard district.</SUBJECT> <SECTNO>4.03-25</SECTNO> <SUBJECT>District Commander.</SUBJECT> <SECTNO>4.03-30</SECTNO> <SUBJECT>Investigating officer.</SUBJECT> <SECTNO>4.03-35</SECTNO> <SUBJECT>Nuclear vessel.</SUBJECT> <SECTNO>4.03-40</SECTNO> <SUBJECT>Public vessels.</SUBJECT> <SECTNO>4.03-45</SECTNO> <SUBJECT>Marine employer.</SUBJECT> <SECTNO>4.03-50</SECTNO> <SUBJECT>Recreational vessel.</SUBJECT> <SECTNO>4.03-55</SECTNO> <SUBJECT>Law enforcement officer.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.04—Notice of Potential Vessel Casualty</HD> <SECTNO>4.04-1</SECTNO> <SUBJECT>Reports of potential vessel casualty.</SUBJECT> <SECTNO>4.04-3</SECTNO> <SUBJECT>Reports of lack of vessel communication.</SUBJECT> <SECTNO>4.04-5</SECTNO> <SUBJECT>Substance of reports.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.05—Notice of Marine Casualty and Voyage Records</HD> <SECTNO>4.05-1</SECTNO> <SUBJECT>Notice of marine casualty.</SUBJECT> <SECTNO>4.05-5</SECTNO> <SUBJECT>Substance of marine casualty notice.</SUBJECT> <SECTNO>4.05-10</SECTNO> <SUBJECT>Written report of marine casualty.</SUBJECT> <SECTNO>4.05-12</SECTNO> <SUBJECT>Alcohol or drug use by individuals directly involved in casualties.</SUBJECT> <SECTNO>4.05-15</SECTNO> <SUBJECT>Voyage records, retention of.</SUBJECT> <SECTNO>4.05-20</SECTNO> <SUBJECT>Report of accident to aid to navigation.</SUBJECT> <SECTNO>4.05-25</SECTNO> <SUBJECT>Reports when state of war exists.</SUBJECT> <SECTNO>4.05-30</SECTNO> <SUBJECT>Incidents involving hazardous materials.</SUBJECT> <SECTNO>4.05-35</SECTNO> <SUBJECT>Incidents involving nuclear vessels.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.06—Mandatory Chemical Testing Following Serious Marine Incidents Involving Vessels in Commercial Service</HD> <SECTNO>4.06-1</SECTNO> <SUBJECT>Responsibilities of the marine employer.</SUBJECT> <SECTNO>4.06-5</SECTNO> <SUBJECT>Responsibilities of individuals directly involved in serious marine incidents.</SUBJECT> <SECTNO>4.06-10</SECTNO> <SUBJECT>Required specimens.</SUBJECT> <SECTNO>4.06-20</SECTNO> <SUBJECT>Specimen collection requirements.</SUBJECT> <SECTNO>4.06-30</SECTNO> <SUBJECT>Specimen collection in incidents involving fatalities.</SUBJECT> <SECTNO>4.06-40</SECTNO> <SUBJECT>Specimen handling and shipping.</SUBJECT> <SECTNO>4.06-50</SECTNO> <SUBJECT>Specimen analysis and follow-up procedures.</SUBJECT> <SECTNO>4.06-60</SECTNO> <SUBJECT>Submission of reports and test results.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.07—Investigations</HD> <SECTNO>4.07-1</SECTNO> <SUBJECT>Commandant or District Commander to order investigation.</SUBJECT> <SECTNO>4.07-5</SECTNO> <SUBJECT>Investigating officers, powers of.</SUBJECT> <SECTNO>4.07-7</SECTNO> <SUBJECT>Opening statement.</SUBJECT> <SECTNO>4.07-10</SECTNO> <SUBJECT>Report of investigation.</SUBJECT> <SECTNO>4.07-15</SECTNO> <SUBJECT>Recommendations, action on.</SUBJECT> <SECTNO>4.07-20</SECTNO> <SUBJECT>Transfer of jurisdiction.</SUBJECT> <SECTNO>4.07-25</SECTNO> <SUBJECT>Testimony of witnesses in other districts, depositions.</SUBJECT> <SECTNO>4.07-30</SECTNO> <SUBJECT>Testimony of witnesses under oath.</SUBJECT> <SECTNO>4.07-35</SECTNO> <SUBJECT>Counsel for witnesses and parties in interest.</SUBJECT> <SECTNO>4.07-45</SECTNO> <SUBJECT>Foreign units of Coast Guard, investigation by.</SUBJECT> <SECTNO>4.07-55</SECTNO> <SUBJECT>Information to be furnished Marine Board of Investigation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.09—Marine Board of Investigation</HD> <SECTNO>4.09-1</SECTNO> <SUBJECT>Commandant to designate.</SUBJECT> <SECTNO>4.09-5</SECTNO> <SUBJECT>Powers of Marine Board of Investigation.</SUBJECT> <SECTNO>4.09-10</SECTNO> <SUBJECT>Witnesses, payment of.</SUBJECT> <SECTNO>4.09-15</SECTNO> <SUBJECT>Time and place of investigation, notice of; rights of witnesses, etc.</SUBJECT> <SECTNO>4.09-17</SECTNO> <SUBJECT>Sessions to be public.</SUBJECT> <SECTNO>4.09-20</SECTNO> <SUBJECT>Record of proceedings.</SUBJECT> <SECTNO>4.09-25</SECTNO> <SUBJECT>U.S. Attorney to be notified.</SUBJECT> <SECTNO>4.09-30</SECTNO> <SUBJECT>Action on report.</SUBJECT> <SECTNO>4.09-35</SECTNO> <SUBJECT>Preferment of charges.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.11—Witnesses and Witness Fees</HD> <SECTNO>4.11-1</SECTNO> <SUBJECT>Employees of vessels controlled by Army or Navy as witnesses.</SUBJECT> <SECTNO>4.11-5</SECTNO> <SUBJECT>Coercion of witnesses.</SUBJECT> <SECTNO>4.11-10</SECTNO> <SUBJECT>Witness fees and allowances.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.12—Testimony by Interrogatories and Depositions</HD> <SECTNO>4.12-1</SECTNO> <SUBJECT>Application, procedure, and admissibility.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.13—Availability of Records</HD> <SECTNO>4.13-1</SECTNO> <SUBJECT>Public availability of records.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.19—Construction of Regulations and Rules of Evidence</HD> <SECTNO>4.19-1</SECTNO> <SUBJECT>Construction of regulations.</SUBJECT> <SECTNO>4.19-5</SECTNO> <SUBJECT>Adherence to rules of evidence.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.21—Computation of Time</HD> <SECTNO>4.21-1</SECTNO> <SUBJECT>Computation of time.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="38"/> <HD SOURCE="HED">Subpart 4.23—Evidence of Criminal Liability</HD> <SECTNO>4.23-1</SECTNO> <SUBJECT>Evidence of criminal liability.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations</HD> <SECTNO>4.40-1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>4.40-3</SECTNO> <SUBJECT>Relationship to Coast Guard marine investigation regulations and procedures.</SUBJECT> <SECTNO>4.40-5</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>4.40-10</SECTNO> <SUBJECT>Preliminary investigation by the Coast Guard.</SUBJECT> <SECTNO>4.40-15</SECTNO> <SUBJECT>Marine casualty investigation by the Board.</SUBJECT> <SECTNO>4.40-20</SECTNO> <SUBJECT>Cause or probable cause determinations from Board investigation.</SUBJECT> <SECTNO>4.40-25</SECTNO> <SUBJECT>Coast Guard marine casualty investigation for the Board.</SUBJECT> <SECTNO>4.40-30</SECTNO> <SUBJECT>Procedures for Coast Guard investigation.</SUBJECT> <SECTNO>4.40-35</SECTNO> <SUBJECT>Records of the Coast Guard and the Board.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 74-119, 39 FR 33317, Sept. 17, 1974, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart 4.01—Authority and Scope of Regulations</HD> <SECTION> <SECTNO>§ 4.01-1</SECTNO> <SUBJECT>Scope of regulation.</SUBJECT> <P>The regulations in this part govern the reporting of marine casualties, the investigation of marine casualties and the submittal of reports designed to increase the likelihood of timely assistance to vessels in distress.</P> <CITA>[CGD 85-015, 51 FR 19341, May 29, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.01-3</SECTNO> <SUBJECT>Reporting exclusion.</SUBJECT> <P>(a) Vessels subject to 33 CFR 173.51 are excluded from the requirements of subpart 4.05.</P> <P>(b) Vessels which report diving accidents under 46 CFR 197.484 regarding deaths, or injuries which cause incapacitation for greater than 72 hours, are not required to give notice under § 4.05-1(d) or § 4.05-1(e).</P> <P>(c) Vessels are excluded from the requirements of § 4.05.1(d) and (e) with respect to the death or injury of shipyard or harbor workers when such accidents are not the result of either a vessel casualty (e.g., collision) or a vessel equipment casualty (e.g., cargo boom failure) and are subject to the reporting requirements of Occupational Safety and Health Administration (OSHA) under 29 CFR 1904.</P> <P>(d) Except as provided in subpart 4.40, public vessels are excluded from the requirements of this part.</P> <CITA>[CGD 76-170, 45 FR 77441, Nov. 24, 1980; 46 FR 19235, Mar. 30, 1981, as amended by CGD 76-170, 47 FR 39684, Sept. 9, 1982; CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.03—Definitions</HD> <SECTION> <SECTNO>§ 4.03-1</SECTNO> <SUBJECT>Marine casualty or accident.</SUBJECT> <P>(a) The term <E T="03">marine casualty or accident</E> shall mean any casualty or accident involving any vessel other than public vessels if such casualty or accident occurs upon the navigable waters of the United States, its territories or possessions or any casualty or accident wherever such casualty or accident may occur involving any United States’ vessel which is not a public vessel. (See § 4.03-40 for definition of <E T="03">Public Vessel.</E>)</P> <P>(b) The term <E T="03">marine casualty or accident</E> includes any accidental grounding, or any occurrence involving a vessel which results in damage by or to the vessel, its apparel, gear, or cargo, or injury or loss of life of any person; and includes among other things, collisions, strandings, groundings, founderings, heavy weather damage, fires, explosions, failure of gear and equipment and any other damage which might affect or impair the seaworthiness of the vessel.</P> <P>(c) The term <E T="03">marine casualty or accident</E> also includes occurrences of loss of life or injury to any person while diving from a vessel and using underwater breathing apparatus.</P> <CITA>[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 76-170, 45 FR 77441, Nov. 24, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-2</SECTNO> <SUBJECT>Serious marine incident.</SUBJECT> <P>The term <E T="03">serious marine incident</E> includes the following events involving a vessel in commercial service:</P> <P>(a) Any marine casualty or accident as defined in § 4.03-1 which is required by § 4.05-1 to be reported to the Coast Guard and which results in any of the following:<PRTPAGE P="39"/> </P> <P>(1) One or more deaths;</P> <P>(2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders the individual unfit to perform routine vessel duties;</P> <P>(3) Damage to property, as defined in § 4.05-1(a)(7) of this part, in excess of $100,000;</P> <P>(4) Actual or constructive total loss of any vessel subject to inspection under 46 U.S.C. 3301; or</P> <P>(5) Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 U.S.C. 3301, of 100 gross tons or more.</P> <P>(b) A discharge of oil of 10,000 gallons or more into the navigable waters of the United States, as defined in 33 U.S.C. 1321, whether or not resulting from a marine casualty.</P> <P>(c) A discharge of a reportable quantity of a hazardous substance into the navigable waters of the United States, or a release of a reportable quantity of a hazardous substance into the environment of the United States, whether or not resulting from a marine casualty.</P> <CITA>[CGD 86-067, 53 FR 47077, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-4</SECTNO> <SUBJECT>Individual directly involved in a serious marine incident.</SUBJECT> <P>The term <E T="03">individual directly involved in a serious marine incident</E> is an individual whose order, action or failure to act is determined to be, or cannot be ruled out as, a causative factor in the events leading to or causing a serious marine incident.</P> <CITA>[CGD 86-067, 53 FR 47077, Nov. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-5</SECTNO> <SUBJECT>Medical facility.</SUBJECT> <P>The term <E T="03">medical facility</E> means an American hospital, clinic, physician's office, or laboratory, where blood and urine specimens can be collected according to recognized professional standards.</P> <CITA>[CGD 86-067, 53 FR 47077, Nov. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-6</SECTNO> <SUBJECT>Qualified medical personnel.</SUBJECT> <P>The term <E T="03">qualified medical personnel</E> means a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law or regulation to collect blood and urine specimens.</P> <CITA>[CGD 86-067, 53 FR 47077, Nov. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-7</SECTNO> <SUBJECT>Chemical test.</SUBJECT> <P>The term <E T="03">chemical test</E> means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use.</P> <CITA>[CGD 86-067, 53 FR 47077, Nov. 21, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-10</SECTNO> <SUBJECT>Party in interest.</SUBJECT> <P>The term <E T="03">party in interest</E> shall mean any person whom the Marine Board of Investigation or the investigating officer shall find to have a direct interest in the investigation conducted by it and shall include an owner, a charterer, or the agent of such owner or charterer of the vessel or vessels involved in the marine casualty or accident, and all licensed or certificated personnel whose conduct, whether or not involved in a marine casualty or accident is under investigation by the Board or investigating officer.</P> </SECTION> <SECTION> <SECTNO>§ 4.03-15</SECTNO> <SUBJECT>Commandant.</SUBJECT> <P>The Commandant, U.S. Coast Guard, is that officer who acts as chief of the Coast Guard and is charged with the administration of the Coast Guard.</P> </SECTION> <SECTION> <SECTNO>§ 4.03-20</SECTNO> <SUBJECT>Coast Guard district.</SUBJECT> <P>A Coast Guard district is one of the geographical areas whose boundaries are described in 33 CFR part 3.</P> </SECTION> <SECTION> <SECTNO>§ 4.03-25</SECTNO> <SUBJECT>District Commander.</SUBJECT> <P>The District Commander is the chief of a Coast Guard district and is charged with the administration of all Coast Guard responsibilities and activities within his respective district, except those functions of administrative law judges under the Administrative Procedure Act (60 Stat. 237, 5 U.S.C. 1001 <E T="03">et seq.</E>) and activities of independent units of the Coast Guard, such as <PRTPAGE P="40"/>the Coast Guard Yard and the Coast Guard Academy.</P> </SECTION> <SECTION> <SECTNO>§ 4.03-30</SECTNO> <SUBJECT>Investigating officer.</SUBJECT> <P>An investigating officer is an officer or employee of the Coast Guard designated by the Commandant, District Commander or the Officer in Charge, Marine Inspection, for the purpose of making investigations of marine casualties and accidents or other matters pertaining to the conduct of seamen. An Officer in Charge, Marine Inspection, is an investigating officer without further designation.</P> </SECTION> <SECTION> <SECTNO>§ 4.03-35</SECTNO> <SUBJECT>Nuclear vessel.</SUBJECT> <P>The term <E T="03">nuclear vessel</E> means any vessel in which power for propulsion, or for any other purpose, is derived from nuclear energy; or any vessel handling or processing substantial amounts of radioactive material other than as cargo.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-40</SECTNO> <SUBJECT>Public vessels.</SUBJECT> <P>Public vessel means a vessel that—</P> <P>(a) Is owned, or demise chartered, and operated by the U.S. Government or a government of a foreign country, except a vessel owned or operated by the Department of Transportation or any corporation organized or controlled by the Department (except a vessel operated by the Coast Guard or Saint Lawrence Seaway Development Corporation); and</P> <P>(b) Is not engaged in commercial service.</P> <CITA>[CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-45</SECTNO> <SUBJECT>Marine employer.</SUBJECT> <P> <E T="03">Marine employer</E> means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-50</SECTNO> <SUBJECT>Recreational vessel.</SUBJECT> <P> <E T="03">Recreational vessel</E> means a vessel meeting the definition in 46 U.S.C. 2101(25) that is then being used only for pleasure.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.03-55</SECTNO> <SUBJECT>Law enforcement officer.</SUBJECT> <P> <E T="03">Law enforcement officer</E> means a Coast Guard commissioned, warrant or petty officer; or any other law enforcement officer authorized to obtain a chemical test under Federal, State, or local law.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.04—Notice of Potential Vessel Casualty</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 85-015, 51 FR 19341, May 29, 1986, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 4.04-1</SECTNO> <SUBJECT>Reports of potential vessel casualty.</SUBJECT> <P>A vessel owner, charterer, managing operator or agent shall immediately notify either of the following Coast Guard officers if there is reason to believe a vessel is lost or imperiled.</P> <P>(a) The Coast Guard district rescue coordination center (RCC) cognizant over the area the vessel was last operating in; or</P> <P>(b) The Coast Guard search and rescue authority nearest to where the vessel was last operating.</P> <FP>Reasons for belief that a vessel is in distress include, but are not limited to, lack of communication with or nonappearance of the vessel.</FP> </SECTION> <SECTION> <SECTNO>§ 4.04-3</SECTNO> <SUBJECT>Reports of lack of vessel communication.</SUBJECT> <P>The owner, charterer, managing operator or agent of a vessel that is required to report to the United States flag Merchant Vessel Location Filing System under the authority of section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a), shall immediately notify the Coast Guard if more than 48 hours have passed since receiving communication from the vessel. This notification shall be given to the Coast Guard district RCC cognizant over the area the vessel was last operating in. </P> <APPRO>(Information collection requirements approved by the Office of Management and Budget under control number 2115-0551)</APPRO> </SECTION> <SECTION> <PRTPAGE P="41"/> <SECTNO>§ 4.04-5</SECTNO> <SUBJECT>Substance of reports.</SUBJECT> <P>The owner, charterer, managing operator or agent, notifying the Coast Guard under § 4.04-1 or § 4.04-3, shall:</P> <P>(a) Provided the name and identification number of the vessel, the names of the individuals on board, and other information that may be requested by the Coast Guard (when providing the names of the individuals on board for a passenger vessel, the list of passengers need only meet the requirements of 46 U.S.C. 3502); and</P> <P>(b) Submit written confirmation of that notice to the Coast Guard facility that the notice was given to within 24 hours. </P> <APPRO>(Information collection requirements approved by the Office of Management and Budget under control number 2115-0551)</APPRO> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.05—Notice of Marine Casualty and Voyage Records</HD> <SECTION> <SECTNO>§ 4.05-1</SECTNO> <SUBJECT>Notice of marine casualty.</SUBJECT> <P>(a) Immediately after the addressing of resultant safety concerns, the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Office, Marine Inspection Office or Coast Guard Group Office whenever a vessel is involved in a marine casualty consisting in—</P> <P>(1) An unintended grounding, or an unintended strike of (allison with) a bridge;</P> <P>(2) An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of paragraphs (a) (3) through (7);</P> <P>(3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel;</P> <P>(4) An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge-pumping systems;</P> <P>(5) A loss of life;</P> <P>(6) An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or</P> <P>(7) An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage.</P> <P>(b) Notice given as required by 33 CFR 160.215 satisfies the requirement of this section if the marine casualty involves a hazardous condition as defined by 33 CFR 160.203.</P> <CITA>[CGD 94-030, 59 FR 39471, Aug. 3, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-5</SECTNO> <SUBJECT>Substance of marine casualty notice.</SUBJECT> <P>The notice required in § 4.05-1 must include the name and official number of the vessel involved, the name of the vessel's owner or agent, the nature and circumstances of the casualty, the locality in which it occurred, the nature and extent of injury to persons, and the damage to property.</P> <CITA>[CGD 76-170, 45 FR 77441, Nov. 24, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-10</SECTNO> <SUBJECT>Written report of marine casualty.</SUBJECT> <P>(a) The owner, agent, master, operator, or person in charge shall, within five days, file a written report of any marine casualty required to be reported under § 4.05-1. This written report is in addition to the immediate notice required by § 4.05-1. This written report must be delivered to a Coast Guard Marine Safety Office or Marine Inspection Office. It must be provided on Form CG-2692 (Report of Marine Accident, Injury or Death), supplemented as necessary by appended Forms CG-2692A (Barge Addendum) and CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).</P> <P>(b) If filed without delay after the occurrence of the marine casualty, the report required by paragraph (a) of this <PRTPAGE P="42"/>section suffices as the notice required by § 4.05-1(a).</P> <CITA>[CGD 94-030, 63 FR 19192, Apr. 17, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-12</SECTNO> <SUBJECT>Alcohol or drug use by individuals directly involved in casualties.</SUBJECT> <P>(a) For each marine casualty required to be reported by § 4.05-10, the marine employer shall determine whether there is any evidence of alcohol or drug use by individuals directly involved in the casualty.</P> <P>(b) The marine employer shall include in the written report, Form CG-2692, submitted for the casualty information which:</P> <P>(1) Identifies those individuals for whom evidence of drug or alcohol use, or evidence of intoxication, has been obtained; and,</P> <P>(2) Specifies the method used to obtain such evidence, such as personal observation of the individual, or by chemical testing of the individual.</P> <P>(c) An entry shall be made in the official log book, if carried, pertaining to those individuals for whom evidence of intoxication is obtained. The individual must be informed of this entry and the entry must be witnessed by a second person.</P> <P>(d) If an individual directly involved in a casualty refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by a law enforcement officer or by the marine employer, this fact shall be noted in the official log book, if carried, and in the written report (Form CG-2692), and shall be admissible as evidence in any administrative proceeding.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-15</SECTNO> <SUBJECT>Voyage records, retention of.</SUBJECT> <P>(a) The owner, agent, master, or person in charge of any vessel involved in a marine casualty shall retain such voyage records as are maintained by the vessel, such as both rough and smooth deck and engine room logs, bell books, navigation charts, navigation work books, compass deviation cards, gyro records, stowage plans, records of draft, aids to mariners, night order books, radiograms sent and received, radio logs, crew and passenger lists, articles of shipment, official logs and other material which might be of assistance in investigating and determining the cause of the casualty. The owner, agent, master, other officer or person responsible for the custody thereof, shall make these records available upon request, to a duly authorized investigating officer, administrative law judge, officer or employee of the Coast Guard.</P> <P>(b) The investigating officer may substitute photostatic copies of the voyage records referred to in paragraph (a) of this section when they have served their purpose and return the original records to the owner or owners thereof.</P> </SECTION> <SECTION> <SECTNO>§ 4.05-20</SECTNO> <SUBJECT>Report of accident to aid to navigation.</SUBJECT> <P>Whenever a vessel collides with a buoy, or other aid to navigation under the jurisdiction of the Coast Guard, or is connected with any such collision, it shall be the duty of the person in charge of such vessel to report the accident to the nearest Officer in Charge, Marine Inspection. No report on Form CG-2692 is required unless one or more of the results listed in § 4.05-1 occur.</P> <CITA>[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 88-070, 53 FR 34533, Sept. 7, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-25</SECTNO> <SUBJECT>Reports when state of war exists.</SUBJECT> <P>During the period when a state of war exists between the United States and any foreign nation, communications in regard to casualties or accidents shall be handled with caution and the reports shall not be made by radio or by telegram.</P> </SECTION> <SECTION> <SECTNO>§ 4.05-30</SECTNO> <SUBJECT>Incidents involving hazardous materials.</SUBJECT> <P>When a casualty occurs involving hazardous materials, notification and a written report to the Department of Transportation may be required. See 49 CFR 171.15 and 171.16.</P> <CITA>[CGD 76-170, 45 FR 77441, Nov. 24, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.05-35</SECTNO> <SUBJECT>Incidents involving nuclear vessels.</SUBJECT> <P>The master of any nuclear vessel shall immediately inform the Commandant in the event of any accident or casualty to the nuclear vessel which <PRTPAGE P="43"/>may lead to an environmental hazard. The master shall also immediately inform the competent governmental authority of the country in whose waters the vessel may be or whose waters the vessel approaches in a damaged condition.</P> <CITA>[CGD 84-099, 52 FR 47534, Dec. 14, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.06—Mandatory Chemical Testing Following Serious Marine Incidents Involving Vessels in Commercial Service</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 86-067, 53 FR 47078, Nov. 21, 1988, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 4.06-1</SECTNO> <SUBJECT>Responsibilities of the marine employer.</SUBJECT> <P>(a) At the time of occurrence of a marine casualty, a discharge of oil into the navigable waters of the United States, a discharge of a hazardous substance into the navigable waters of the United States, or a release of a hazardous substance into the environment of the United States, the marine employer shall make a timely, good faith determination as to whether the occurrence currently is, or is likely to become, a serious marine incident.</P> <P>(b) When a marine employer determines that a casualty or incident is, or is likely to become, a serious marine incident, the marine employer shall take all practicable steps to have each individual engaged or employed on board the vessel who is directly involved in the incident chemically tested for evidence of drug and alcohol use.</P> <P>(c) The determination of which individuals are directly involved in a serious marine incident is to be made by the marine employer. A law enforcement officer may determine that additional individuals are directly involved in the serious marine incident. In such cases, the marine employer shall take all practicable steps to have these individuals tested in accordance with paragraph (b) of this section.</P> <P>(d) The requirements of this subpart shall not prevent vessel personnel who are required to be tested from performing duties in the aftermath of a serious marine incident when their performance is necessary for the preservation of life or property or the protection of the environment.</P> <P>(e) The marine employer shall ensure that all individuals engaged or employed on board a vessel are fully indoctrinated in the requirements of this subpart, and that appropriate vessel personnel are trained as necessary in the practical applications of these requirements.</P> <P>(f) Each marine employer shall implement the testing requirements of this subpart in accordance with the implementation schedule provided in 46 CFR 16.205 and 16.207.</P> </SECTION> <SECTION> <SECTNO>§ 4.06-5</SECTNO> <SUBJECT>Responsibilities of individuals directly involved in serious marine incidents.</SUBJECT> <P>(a) Any individual engaged or employed on board a vessel who is determined to be directly involved in a serious marine incident shall provide blood, breath or urine specimens for chemical tests required by § 4.06-10 when directed to do so by the marine employer or a law enforcement officer.</P> <P>(b) If the individual refuses to provide blood, breath or urine specimens, this refusal shall be noted on Form CG-2692B and in the vessel's official log book, if one is required.</P> <P>(c) No individual may be forcibly compelled to provide specimens for chemical tests required by this part; however, refusal is considered a violation of regulation and could subject the individual to suspension and revocation proceedings under part 5 of this chapter and removal from any duties which directly affect the safety of the vessel's navigation or operations.</P> </SECTION> <SECTION> <SECTNO>§ 4.06-10</SECTNO> <SUBJECT>Required specimens.</SUBJECT> <P>Each individual required to submit to chemical testing shall, as soon as practicable, provide the following specimens for chemical testing:</P> <P>(a) Urine specimens, collected in accordance with § 4.06-20 and part 16 of this chapter.</P> <P>(b) Blood or breath specimens, or both, collected in accordance with § 4.06-20.</P> </SECTION> <SECTION> <SECTNO>§ 4.06-20</SECTNO> <SUBJECT>Specimen collection requirements.</SUBJECT> <P>(a) All inspected vessels certificated for unrestricted ocean routes, and all <PRTPAGE P="44"/>inspected vessels certificated for restricted overseas routes, are required to have on board at all times a breath testing device capable of determining the presence of alcohol in a person's system. The breath testing device shall be used in accordance with procedures specified by the manufacturer.</P> <P>(b) The marine employer shall ensure that urine specimen collection and shipping kits meeting the requirements of § 16.330 of this part are readily available for use following serious marine incidents. The specimen collection and shipping kits need not be maintained aboard each vessel if they can otherwise be readily obtained within 24 hours from the time of the occurrence of the serious marine incident.</P> <P>(c) The marine employer shall ensure that specimens required by § 4.06-10 are collected as soon as practicable following the occurrence of a serious marine incident.</P> <P>(d) When obtaining blood, breath, and urine specimens, the marine employer shall ensure that the collection process is supervised by either qualified collection personnel, the marine employer, a law enforcement officer, or the marine employer's representative.</P> <P>(e) Chemical tests of an individual's breath for the presence of alcohol using a breath testing device may be conducted by any individual trained to conduct such tests. Blood specimens shall be taken only by qualified medical personnel.</P> </SECTION> <SECTION> <SECTNO>§ 4.06-30</SECTNO> <SUBJECT>Specimen collection in incidents involving fatalities.</SUBJECT> <P>(a) When an individual engaged or employed on board a vessel dies as a result of a serious marine incident, blood and urine specimens must be obtained from the remains of the individual for chemical testing, if practicable to do so. The marine employer shall notify the appropriate local authority, such as the coroner or medical examiner, as soon as possible, of the fatality and of the requirements of this subpart. The marine employer shall provide the specimen collection and shipping kit and request that the local authority assist in obtaining the necessary specimens. When the custodian of the remains is a person other than the local authority, the marine employer shall request the custodian to cooperate in obtaining the specimens required under this part.</P> <P>(b) If the local authority or custodian of the remains declines to cooperate in obtaining the necessary specimens, the marine employer shall provide an explanation of the circumstances on Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).</P> </SECTION> <SECTION> <SECTNO>§ 4.06-40</SECTNO> <SUBJECT>Specimen handling and shipping.</SUBJECT> <P>(a) The marine employer shall ensure that blood specimens collected in accordance with §§ 4.06-20 and 4.06-30 are promptly shipped to a testing laboratory qualified to conduct tests on such specimens. A proper chain of custody must be maintained for each specimen from the time of collection through the authorized disposition of the specimen. Blood specimens must be shipped to the laboratory in a cooled condition by any means adequate to ensure delivery within twenty-four (24) hours of receipt by the carrier.</P> <P>(b) The marine employer shall ensure that the urine specimen collection procedures of § 16.310 of this part and the chain of custody requirements of § 16.320 are complied with. The marine employer shall ensure that urine specimens required by §§ 4.06-20 and 4. 06-30 are promptly shipped to a laboratory complying with the requirements of 49 CFR part 40. Urine specimens must be shipped by an expeditious means, but need not be shipped in a cooled condition for overnight delivery.</P> </SECTION> <SECTION> <SECTNO>§ 4.06-50</SECTNO> <SUBJECT>Specimen analysis and follow-up procedures.</SUBJECT> <P>(a) Each laboratory will provide prompt analysis of specimens collected under this subpart, consistent with the need to develop all relevant information and to produce a complete analysis report.</P> <P>(b) Reports shall be sent to the Medical Review Officer meeting the requirements of 49 CFR 40.33, as designated by the marine employer submitting the specimen for testing. Wherever a urinalysis report indicates the presence of a dangerous drug or drug metabolite, the Medical Review Officer shall review the report as required by 49 CFR 40.33 <PRTPAGE P="45"/>and submit his or her findings to the marine employer. Blood test reports indicating the presence of alcohol shall be similarly reviewed to determine if there is a legitimate medical explanation.</P> <P>(c) Analysis results which indicate the presence of alcohol, dangerous drugs, or drug metabolites shall not be construed by themselves as constituting a finding that use of drugs or alcohol was the probable cause of a serious marine incident.</P> <CITA>[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 90-053, 58 FR 31107, May 28, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.06-60</SECTNO> <SUBJECT>Submission of reports and test results.</SUBJECT> <P>(a) Whenever an individual engaged or employed on a vessel is identified as being directly involved in a serious marine incident, the marine employer shall complete Form CG-2692B (Report of Required Chemical Drug and Alcohol Testing Following a Serious Marine Incident).</P> <P>(b) When the serious marine incident requires the submission of Form CG-2692 (Report of Marine Casualty, Injury or Death) to the Coast Guard in accordance with § 4.05-10, the report required by paragraph (a) of this section shall be appended to Form CG-2692.</P> <P>(c) In incidents involving discharges of oil or hazardous substances as described in § 4.03-2 (b) and (c) of this part, when Form CG-2692 is not required to be submitted, the report required by paragraph (a) of this section shall be submitted to the Coast Guard Officer in Charge, Marine Inspection, having jurisdiction over the location where the discharge occurred or nearest the port of first arrival following the discharge.</P> <P>(d) Upon receipt of the report of chemical test results, the marine employer shall submit a copy of the test results for each person listed on the CG-2692B to the Coast Guard Officer in Charge, Marine Inspection to whom the CG-2692B was submitted.</P> <CITA>[CGD 86-067, 53 FR 47078, Nov. 21, 1988, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.07—Investigations</HD> <SECTION> <SECTNO>§ 4.07-1</SECTNO> <SUBJECT>Commandant or District Commander to order investigation.</SUBJECT> <P>(a) The Commandant or District Commander upon receipt of information of a marine casualty or accident, will immediately cause such investigation as may be necessary in accordance with the regulations in this part.</P> <P>(b) The investigations of marine casualties and accidents and the determinations made are for the purpose of taking appropriate measures for promoting safety of life and property at sea, and are not intended to fix civil or criminal responsibility.</P> <P>(c) The investigation will determine as closely as possible:</P> <P>(1) The cause of the accident;</P> <P>(2) Whether there is evidence that any failure of material (either physical or design) was involved or contributed to the casualty, so that proper recommendations for the prevention of the recurrence of similar casualties may be made;</P> <P>(3) Whether there is evidence that any act of misconduct, inattention to duty, negligence or willful violation of the law on the part of any licensed or certificated person contributed to the casualty, so that appropriate proceedings against the license or certificate of such person may be recommended and taken under 46 U.S.C. 6301;</P> <P>(4) Whether there is evidence that any Coast Guard personnel or any representative or employee of any other government agency or any other person caused or contributed to the cause of the casualty; or,</P> <P>(5) Whether the accident shall be further investigated by a Marine Board of Investigation in accordance with regulations in subpart 4.09.</P> <CITA>[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 97-057, 62 FR 51041, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.07-5</SECTNO> <SUBJECT>Investigating officers, powers of.</SUBJECT> <P>(a) An investigating officer investigates each marine casualty or accident reported under §§ 4.05-1 and 4.05-10.</P> <P>(b) Such investigating officer shall have the power to administer oaths, subpoena witnesses, require persons <PRTPAGE P="46"/>having knowledge of the subject matter of the investigation to answer questionnaires and require the production of relevant books, papers, documents and other records.</P> <P>(c) Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court.</P> <CITA>[CGFR 65-50, 30 FR 17099, Dec. 30, 1965, as amended by CGD-104R, 37 FR 14234, July 18, 1972]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.07-7</SECTNO> <SUBJECT>Opening statement.</SUBJECT> <P>The investigating officer or the Chairman of a Marine Board of Investigation shall open the investigation by announcing the statutory authority for the proceeding and he shall advise parties in interest concerning their rights to be represented by counsel, to examine and cross-examine witnesses, and to call witnesses in their own behalf.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-10</SECTNO> <SUBJECT>Report of investigation.</SUBJECT> <P>(a) At the conclusion of the investigation the investigating officer shall submit to the Commandant via the Officer in Charge, Marine Inspection, and the District Commander, a full and complete report of the facts as determined by his investigation, together with his opinions and recommendations in the premises. The Officer in Charge, Marine Inspection, and the District Commander shall forward the investigating officer's report to the Commandant with an endorsement stating:</P> <P>(1) Approval or otherwise of the findings of fact, conclusions and recommendations;</P> <P>(2) Any action taken with respect to the recommendations;</P> <P>(3) Whether or not any action has been or will be taken under part 5 of this subchapter to suspend or revoke licenses or certificates; and,</P> <P>(4) Whether or not violations of laws or regulations relating to vessels have been reported on Form CG-2636, report of violation of navigation laws.</P> <P>(b) At the conclusion of the investigation, the investigating officer shall submit the report described in paragraph (a) of this section, to the Commandant via the Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and the Commander, Coast Guard MIO Europe for a European port or Commander, Fourteenth Coast Guard for an Asian or Pacific port. The Merchant Marine Detail Officer or the Officer in Charge, Marine Inspection, and Commander, Coast Guard MIO Europe or Commander, Fourteenth Coast Guard District shall forward the investigating officer's report to the Commandant with the endorsement described in paragraphs (a) (1) through (4) of this section.</P> <CITA>[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 75-196, 41 FR 18655, May 6, 1976; CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.07-15</SECTNO> <SUBJECT>Recommendations, action on.</SUBJECT> <P>Where the recommendations of an investigating officer are such that their accomplishment is within the authority of the District Commander or any of the personnel under his command, immediate steps shall be taken to put them into effect and his forwarding endorsement shall so indicate.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-20</SECTNO> <SUBJECT>Transfer of jurisdiction.</SUBJECT> <P>When it appears to the District Commander that it is more advantageous to conduct an investigation in a district other than in the district where the casualty was first reported, that officer shall transfer the case to the other district together with any information or material relative to the casualty he may have.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-25</SECTNO> <SUBJECT>Testimony of witnesses in other districts, depositions.</SUBJECT> <P>When witnesses are available in a district other than the district in which the investigation is being made, testimony or statements shall be taken from witnesses in the other districts by an investigating officer and promptly transmitted to the investigating officer conducting the investigation. Depositions may be taken in the manner prescribed by regulations in subpart 4.12.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-30</SECTNO> <SUBJECT>Testimony of witnesses under oath.</SUBJECT> <P>(a) Witnesses to marine casualties or accidents appearing before an investigating officer may be placed under <PRTPAGE P="47"/>oath and their testimony may be reduced to writing.</P> <P>(b) Written statements and reports submitted as evidence by witnesses shall be sworn to before an officer authorized to administer oaths and such statements and/or reports shall be signed.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-35</SECTNO> <SUBJECT>Counsel for witnesses and parties in interest.</SUBJECT> <P>(a) All parties in interest shall be allowed to be represented by counsel, to examine and cross-examine witnesses and to call witnesses in their own behalf.</P> <P>(b) Witnesses who are not parties in interest may be assisted by counsel for the purpose of advising such witnesses concerning their rights; however, such counsel will not be permitted to examine or cross-examine other witnesses or otherwise participate in the investigation.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-45</SECTNO> <SUBJECT>Foreign units of Coast Guard, investigation by.</SUBJECT> <P>Investigations of marine casualties conducted by foreign units of the Coast Guard shall be in accordance with the regulations in this part and all actions taken in connection with the investigations of such marine casualties entered in the official log(s) of the vessel(s) concerned.</P> </SECTION> <SECTION> <SECTNO>§ 4.07-55</SECTNO> <SUBJECT>Information to be furnished Marine Board of Investigation.</SUBJECT> <P>When a Marine Board of Investigation is convened in accordance with § 4.09-1, the investigating officer shall immediately furnish the board with all testimony, statements, reports, documents, papers, a list of witnesses including those whom he has examined, other material which he may have gathered, and a statement of any findings of fact which he may have determined. The preliminary investigation shall cease forthwith and the aforementioned material shall become a part of the Marine Board of Investigation's record.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.09—Marine Board of Investigation</HD> <SECTION> <SECTNO>§ 4.09-1</SECTNO> <SUBJECT>Commandant to designate.</SUBJECT> <P>If it appears that it would tend to promote safety of life and property at sea or would be in the public interest, the Commandant may designate a Marine Board of Investigation to conduct an investigation.</P> <CITA>[CGD 76-170, 45 FR 77441, Nov. 24, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.09-5</SECTNO> <SUBJECT>Powers of Marine Board of Investigation.</SUBJECT> <P>Any Marine Board of Investigation so designated shall have the power to administer oaths, summon witnesses, require persons having knowledge of the subject matter of the investigation to answer questionnaires, and to require the production of relevant books, papers, documents or any other evidence. Attendance of witnesses or the production of books, papers, documents or any other evidence shall be compelled by a similar process as in the United States District Court. The chairman shall administer all necessary oaths to any witnesses summoned before said Board.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-10</SECTNO> <SUBJECT>Witnesses, payment of.</SUBJECT> <P>Any witness subpoenaed under § 4.09-5 shall be paid such fees for his travel and attendance as shall be certified by the chairman of a Marine Board of Investigation or an investigating officer, in accordance with § 4.11-10.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-15</SECTNO> <SUBJECT>Time and place of investigation, notice of; rights of witnesses, etc.</SUBJECT> <P>Reasonable notice of the time and place of the investigation shall be given to any person whose conduct is or may be under investigation and to any other party in interest. All parties in interest shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses in their own behalf.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-17</SECTNO> <SUBJECT>Sessions to be public.</SUBJECT> <P>(a) All sessions of a Marine Board of Investigation for the purpose of obtaining evidence shall normally be open to <PRTPAGE P="48"/>the public, subject to the provision that the conduct of any person present shall not be allowed to interfere with the proper and orderly functioning of the Board. Sessions will not be open to the public when evidence of a classified nature or affecting national security is to be received.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-20</SECTNO> <SUBJECT>Record of proceedings.</SUBJECT> <P>The testimony of witnesses shall be transcribed and a complete record of the proceedings of a Marine Board of Investigation shall be kept. At the conclusion of the investigation a written report shall be made containing findings of fact, opinions, and recommendations to the Commandant for his consideration.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-25</SECTNO> <SUBJECT>U.S. Attorney to be notified.</SUBJECT> <P>The recorder of a Marine Board of Investigation shall notify the United States Attorney for the District in which the Marine Board of Investigation is being conducted of the nature of the casualty under investigation and time and place the investigation will be made.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-30</SECTNO> <SUBJECT>Action on report.</SUBJECT> <P>Upon approval of the report of a Marine Board of Investigation the Commandant will require to be placed into effect such recommendations as he may deem necessary for the better improvement and safety of life and property at sea.</P> </SECTION> <SECTION> <SECTNO>§ 4.09-35</SECTNO> <SUBJECT>Preferment of charges.</SUBJECT> <P>(a) If in the course of an investigation by a Marine Board there appears probable cause for the preferment of charges against any licensed or certificated personnel, the Marine Board shall, either during or immediately following the investigation and before the witnesses have dispersed, apprise the District Commander of such evidence for possible action in accordance with part 5 of this subchapter, without waiting for the approval of the report by the Commandant. Such action or proceedings shall be independent and apart from any other action which may be later ordered by the Commandant or taken by other authorities.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.11—Witnesses and Witness Fees</HD> <SECTION> <SECTNO>§ 4.11-1</SECTNO> <SUBJECT>Employees of vessels controlled by Army or Navy as witnesses.</SUBJECT> <P>No officer, seaman, or other employee of any public vessel controlled by the Army or Navy (not including the Coast Guard) of the United States, shall be summoned or otherwise required to appear as a witness in connection with any investigation or other proceeding without the consent of the Government agency concerned.</P> </SECTION> <SECTION> <SECTNO>§ 4.11-5</SECTNO> <SUBJECT>Coercion of witnesses.</SUBJECT> <P>Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment.</P> </SECTION> <SECTION> <SECTNO>§ 4.11-10</SECTNO> <SUBJECT>Witness fees and allowances.</SUBJECT> <P>Witness fees and allowances are paid in accordance with 46 CFR 5.401.</P> <CITA>[CGD 79-080, 45 FR 2046, Jan. 10, 1980, as amended by CGD 96-041, 61 FR 50726, Sept. 27, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.12—Testimony by Interrogatories and Depositions</HD> <SECTION> <SECTNO>§ 4.12-1</SECTNO> <SUBJECT>Application, procedure, and admissibility.</SUBJECT> <P>(a) Witnesses shall be examined orally, except that for good cause shown, testimony may be taken by deposition upon application of any party in interest or upon the initiative of the investigating officer or Marine Board of Investigation.</P> <P>(b) Applications to take depositions shall be in writing setting forth the reasons why such deposition should be taken, the name and address of the witness, the matters concerning which it is expected the witness will testify, and the time and place proposed for the taking of the deposition. Such application shall be made to an investigating officer or the Marine Board of Investigation prior to or during the course of the proceedings.<PRTPAGE P="49"/> </P> <P>(c) The investigating officer or Marine Board of Investigation, shall, upon receipt of the application, if good cause is shown, make and serve upon the parties an order which will specify the name of the witness whose deposition is to be taken, the name and place of the taking of such deposition and shall contain a designation of the officer before whom the witness is to testify. Such deposition may be taken before any officer authorized to administer oaths by the laws of the United States.</P> <P>(d) The party desiring the deposition may submit a list of interrogatories to be propounded to the absent witness; then the opposite party after he has been allowed a reasonable time for this purpose, may submit a list of cross-interrogatories. If either party objects to any question of the adversary party, the matter shall be presented to the investigating officer or Marine Board of Investigation for a ruling. Upon agreement of the parties on a list of interrogatories and cross-interrogatories (if any) the investigating officer or Marine Board of Investigation may propound such additional questions as may be necessary to clarify the testimony given by the witness.</P> <P>(e) The subpoena referred to in subpart F of this subchapter together with the list of interrogatories and cross-interrogatories (if any) shall be forwarded to the officer designated to take such deposition. This officer will cause the subpoena to be served personally on the witness. After service the subpoena shall be endorsed and returned to the investigating officer or Marine Board of Investigation.</P> <P>(f) When the deposition has been duly executed it shall be returned to the investigating officer or Marine Board of Investigation. As soon as practicable after the receipt of the deposition the investigating officer or Marine Board of Investigation shall present it to the parties for their examination. The investigating officer or Marine Board of Investigation shall rule on the admissibility of the deposition or any part thereof and of any objection offered by either party thereto.</P> <CITA>[CGD 74-119, 39 FR 33317, Sept. 17, 1974, as amended by CGD 96-041, 61 FR 50726, Sept. 27, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.13—Availability of Records</HD> <SECTION> <SECTNO>§ 4.13-1</SECTNO> <SUBJECT>Public availability of records.</SUBJECT> <P>Coast Guard records are made available to the public in accordance with 49 CFR part 7.</P> <CITA>[CGD 73-43R, 40 FR 13501, Mar. 27, 1975]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.19—Construction of Regulations and Rules of Evidence</HD> <SECTION> <SECTNO>§ 4.19-1</SECTNO> <SUBJECT>Construction of regulations.</SUBJECT> <P>The regulations in this part shall be liberally construed to insure just, speedy, and inexpensive determination of the issues presented.</P> </SECTION> <SECTION> <SECTNO>§ 4.19-5</SECTNO> <SUBJECT>Adherence to rules of evidence.</SUBJECT> <P>As hearings under this part are administrative in character, strict adherence to the formal rules of evidence is not imperative. However, in the interest of orderly presentation of the facts of a case, the rules of evidence should be observed as closely as possible.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.21—Computation of Time</HD> <SECTION> <SECTNO>§ 4.21-1</SECTNO> <SUBJECT>Computation of time.</SUBJECT> <P>The time, within which any act, provided by the regulation in this subchapter, or an order of the Marine Board of Investigation is to be done, shall be computed by excluding the first day and including the last unless the last day is Sunday or a legal holiday, in which case the time shall extend to and include the next succeeding day that is not a Sunday or legal holiday: <E T="03">Provided, however,</E> That where the time fixed by the regulations in this subchapter or an order of the Board is five days or less all intervening Sundays or legal holidays, other than Saturdays, shall be excluded.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.23—Evidence of Criminal Liability</HD> <SECTION> <SECTNO>§ 4.23-1</SECTNO> <SUBJECT>Evidence of criminal liability.</SUBJECT> <P>If as a result of any investigation or other proceeding conducted hereunder, evidence of criminal liability on the <PRTPAGE P="50"/>part of any licensed officer or certificated person or any other person is found, such evidence shall be referred to the U.S. Attorney General.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart 4.40—Coast Guard—National Transportation Safety Board Marine Casualty Investigations</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 76-149, 42 FR 61200, Dec. 1, 1977, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 4.40-1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>This subpart prescribes the joint regulations of the National Transportation Safety Board and the Coast Guard for the investigation of marine casualties.</P> <CITA>[CGD 82-034, 47 FR 45882, Oct. 14, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-3</SECTNO> <SUBJECT>Relationship to Coast Guard marine investigation regulations and procedures.</SUBJECT> <P>(a) The Coast Guard's responsibility to investigate marine casualties is not eliminated nor diminished by the regulations in this subpart.</P> <P>(b) In those instances where the National Transportation Safety Board conducts an investigation in which the Coast Guard also has responsibility under 46 U.S.C. Chapter 63, the proceedings are conducted independently but so as to avoid duplication as much as possible.</P> <CITA>[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-5</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>As used in this subpart:</P> <P>(a) <E T="03">Act</E> means title III of Public Law 93-633, the Independent Safety Board Act of 1974, (49 U.S.C. 1131).</P> <P>(b) <E T="03">Board</E> means the National Transportation Safety Board.</P> <P>(c) <E T="03">Chairman</E> means the Chairman of the National Transportation Safety Board.</P> <P>(d) <E T="03">Major marine casualty</E> means a casualty involving a vessel, other than a public vessel, that results in:</P> <P>(1) The loss of six or more lives:</P> <P>(2) The loss of a mechanically propelled vessel of 100 or more gross tons;</P> <P>(3) Property damage initially estimated at $500,000 or more; or</P> <P>(4) Serious threat, as determined by the Commandant and concurred in by the Chairman, to life, property, or the environment by hazardous materials.</P> <P>(e) <E T="03">Public vessel</E> means a vessel owned by the United States, except a vessel to which the Act of October 25, 1919, c.82, (41 Stat. 305, 46 U.S.C. 363) applies.</P> <P>(f) <E T="03">Vessel of the United States</E> means a vessel:</P> <P>(1) Documented or required to be documented under the laws of the United States;</P> <P>(2) Owned in the United States; or</P> <P>(3) Owned by a citizen or resident of the United States and not registered under a foreign flag.</P> <CITA>[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-10</SECTNO> <SUBJECT>Preliminary investigation by the Coast Guard.</SUBJECT> <P>(a) The Coast Guard conducts the preliminary investigation of marine casualties.</P> <P>(b) The Commandant determines from the preliminary investigation whether:</P> <P>(1) The casualty is a major marine casualty; or</P> <P>(2) The casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or</P> <P>(3) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or</P> <P>(4) The casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions, e.g., search and rescue, aids to navigation, vessel traffic systems, commercial vessel safety, etc.</P> <P>(c) The Commandant notifies the Board of a casualty described in paragraph (b) of this section.</P> <CITA>[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 82-034, 47 FR 45882, Oct. 14, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-15</SECTNO> <SUBJECT>Marine casualty investigation by the Board.</SUBJECT> <P>(a) The Board may conduct an investigation under the Act of any major marine casualty or any casualty involving public and non-public vessels. Where the Board determines it will convene a hearing in connection with <PRTPAGE P="51"/>such an investigation, the Board's rules of practice for transportation accident hearings in 49 CFR part 845 shall apply.</P> <P>(b) The Board shall conduct an investigation under the Act when:</P> <P>(1) The casualty involves a Coast Guard and a non-public vessel and at least one fatality or $75,000 in property damage; or</P> <P>(2) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty involves a public and a non-public vessel and at least one fatality or $75,000 in property damage; or</P> <P>(3) The Commandant and the Board agree that the Board shall conduct the investigation, and the casualty is a major marine casualty which involves significant safety issues relating to Coast Guard safety functions.</P> <CITA>[CGD 82-034, 47 FR 45882, Oct. 14, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-20</SECTNO> <SUBJECT>Cause or probable cause determinations from Board investigation.</SUBJECT> <P>After an investigation conducted by the Board under § 4.40-15, the Board determines cause or probable cause and issues a report of that determination.</P> </SECTION> <SECTION> <SECTNO>§ 4.40-25</SECTNO> <SUBJECT>Coast Guard marine casualty investigation for the Board.</SUBJECT> <P>(a) If the Board does not conduct an investigation under § 4.40-15 (a), (b) (2) or (3), the Coast Guard, at the request of the Board, may conduct an investigation under the Act unless there is an allegation of Federal Government misfeasance or nonfeasance.</P> <P>(b) The Board will request the Coast Guard to conduct an investigation under paragraph (a) of this section within 48 hours of receiving notice under § 4.40-10(c).</P> <P>(c) The Coast Guard will advise the Board within 24 hours of receipt of a request under paragraph (b) of this section whether the Coast Guard will conduct an investigation under the Act.</P> <CITA>[CGD 82-034, 47 FR 45882, Oct. 14, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-30</SECTNO> <SUBJECT>Procedures for Coast Guard investigation.</SUBJECT> <P>(a) The Coast Guard conducts an investigation under § 4.40-25 using the procedures in 46 CFR 4.01-1 through 4.23-1.</P> <P>(b) The Board may designate a person or persons to participate in every phase of an investigation, including on scene investigation, that is conducted under the provisions of subpart 4.40-25 of this part.</P> <P>(c) Consistent with Coast Guard responsibility to direct the course of the investigation, the person or persons designated by the Board under paragraph (b) of this section may:</P> <P>(1) Make recommendations about the scope of the investigations.</P> <P>(2) Call and examine witnesses.</P> <P>(3) Submit or request additional evidence.</P> <P>(d) The Commandant provides a record of the proceedings to the Board of an investigation of a major marine casualty under paragraph (a) of this section.</P> <P>(e) The Board, under the Act, makes its determination of the facts, conditions, circumstances, and the cause or probable cause of a major marine casualty using the record of the proceedings provided by the Commandant under paragraph (d) of this section, and any additional evidence the Board may acquire under its own authority.</P> <P>(f) An investigation by the Coast Guard under this section is both an investigation under the Act and under 46 U.S.C. Chapter 63.</P> <CITA>[CGD 76-149, 42 FR 61200, Dec. 1, 1977, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 4.40-35</SECTNO> <SUBJECT>Records of the Coast Guard and the Board.</SUBJECT> <P>(a) Records of the Coast Guard made under § 4.40-30 are available to the public under 49 CFR part 7.</P> <P>(b) Records of the Board made under §§ 4.40-20 and 4.40-30 are available to the public under 49 CFR part 801.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 5</EAR> <HD SOURCE="HED">PART 5—MARINE INVESTIGATION REGULATIONS—PERSONNEL ACTION</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—Authority and Purpose</HD> <SECHD>Sec.</SECHD> <SECTNO>5.1</SECTNO> <SUBJECT>Authority for regulations.</SUBJECT> <SECTNO>5.3</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>5.5</SECTNO> <SUBJECT>Purpose of administrative actions.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="52"/> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTNO>5.11</SECTNO> <SUBJECT>Commandant.</SUBJECT> <SECTNO>5.13</SECTNO> <SUBJECT>Coast Guard District.</SUBJECT> <SECTNO>5.15</SECTNO> <SUBJECT>Investigating Officer.</SUBJECT> <SECTNO>5.19</SECTNO> <SUBJECT>Administrative Law Judge.</SUBJECT> <SECTNO>5.23</SECTNO> <SUBJECT>Charge.</SUBJECT> <SECTNO>5.25</SECTNO> <SUBJECT>Specification.</SUBJECT> <SECTNO>5.27</SECTNO> <SUBJECT>Misconduct.</SUBJECT> <SECTNO>5.29</SECTNO> <SUBJECT>Negligence.</SUBJECT> <SECTNO>5.31</SECTNO> <SUBJECT>Incompetence.</SUBJECT> <SECTNO>5.33</SECTNO> <SUBJECT>Violation of law or regulation.</SUBJECT> <SECTNO>5.35</SECTNO> <SUBJECT>Conviction for a dangerous drug law violation, use of, or addiction to the use of dangerous drugs.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Statement of Policy and Interpretation</HD> <SECTNO>5.51</SECTNO> <SUBJECT>Construction of regulations.</SUBJECT> <SECTNO>5.53</SECTNO> <SUBJECT>Initiating suspension and revocation proceedings.</SUBJECT> <SECTNO>5.55</SECTNO> <SUBJECT>Time limitations for service of charges and specifications.</SUBJECT> <SECTNO>5.57</SECTNO> <SUBJECT>Acting under authority of license, certificate or document.</SUBJECT> <SECTNO>5.59</SECTNO> <SUBJECT>Offenses for which revocation of licenses, certificates or documents is mandatory.</SUBJECT> <SECTNO>5.61</SECTNO> <SUBJECT>Acts or offenses for which revocation of licenses, certificates, or documents is sought.</SUBJECT> <SECTNO>5.63</SECTNO> <SUBJECT>Standard of proof.</SUBJECT> <SECTNO>5.65</SECTNO> <SUBJECT>Commandant's decisions in appeal or review cases.</SUBJECT> <SECTNO>5.67</SECTNO> <SUBJECT>Physician-patient privilege.</SUBJECT> <SECTNO>5.69</SECTNO> <SUBJECT>Evidence of criminal liability.</SUBJECT> <SECTNO>5.71</SECTNO> <SUBJECT>Maritime labor disputes.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Investigations</HD> <SECTNO>5.101</SECTNO> <SUBJECT>Conduct of investigations.</SUBJECT> <SECTNO>5.103</SECTNO> <SUBJECT>Powers of investigating officer.</SUBJECT> <SECTNO>5.105</SECTNO> <SUBJECT>Course of action available.</SUBJECT> <SECTNO>5.107</SECTNO> <SUBJECT>Preparation and service of charges and specifications.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Deposit or Surrender of License, Certificate or Document</HD> <SECTNO>5.201</SECTNO> <SUBJECT>Voluntary deposits in event of mental or physical incompetence.</SUBJECT> <SECTNO>5.203</SECTNO> <SUBJECT>Voluntary surrender to avoid hearing.</SUBJECT> <SECTNO>5.205</SECTNO> <SUBJECT>Return or issuance of a license, certificate of registry, or merchant mariners document.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Subpoenas</HD> <SECTNO>5.301</SECTNO> <SUBJECT>Issuance of subpoenas.</SUBJECT> <SECTNO>5.303</SECTNO> <SUBJECT>Service of subpoenas on behalf of the respondent.</SUBJECT> <SECTNO>5.305</SECTNO> <SUBJECT>Quashing a subpoena.</SUBJECT> <SECTNO>5.307</SECTNO> <SUBJECT>Enforcement.</SUBJECT> <SECTNO>5.309</SECTNO> <SUBJECT>Proof of service</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Witness Fees</HD> <SECTNO>5.401</SECTNO> <SUBJECT>Payment of witness fees and allowances.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Hearings</HD> <SECTNO>5.501</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>5.503</SECTNO> <SUBJECT>Record of the hearing.</SUBJECT> <SECTNO>5.505</SECTNO> <SUBJECT>Public access to hearings.</SUBJECT> <SECTNO>5.507</SECTNO> <SUBJECT>Disqualification of Administrative Law Judge.</SUBJECT> <SECTNO>5.509</SECTNO> <SUBJECT>Opening the hearing.</SUBJECT> <SECTNO>5.511</SECTNO> <SUBJECT>Continuance of a hearing.</SUBJECT> <SECTNO>5.513</SECTNO> <SUBJECT>Appearances.</SUBJECT> <SECTNO>5.515</SECTNO> <SUBJECT>Failure of respondent to appear at hearing.</SUBJECT> <SECTNO>5.517</SECTNO> <SUBJECT>Witnesses excluded from hearing room.</SUBJECT> <SECTNO>5.519</SECTNO> <SUBJECT>Rights of respondent.</SUBJECT> <SECTNO>5.521</SECTNO> <SUBJECT>Verification of license, certificate or document.</SUBJECT> <SECTNO>5.523</SECTNO> <SUBJECT>Motions or objections.</SUBJECT> <SECTNO>5.525</SECTNO> <SUBJECT>Correction or amendment of charges and/or specifications.</SUBJECT> <SECTNO>5.527</SECTNO> <SUBJECT>Answer.</SUBJECT> <SECTNO>5.529</SECTNO> <SUBJECT>Opening statement of investigating officer.</SUBJECT> <SECTNO>5.531</SECTNO> <SUBJECT>Opening statement by or on behalf of the respondent.</SUBJECT> <SECTNO>5.533</SECTNO> <SUBJECT>Presentation of case where there is an admission or no contest answer.</SUBJECT> <SECTNO>5.535</SECTNO> <SUBJECT>Witnesses.</SUBJECT> <SECTNO>5.537</SECTNO> <SUBJECT>Evidence.</SUBJECT> <SECTNO>5.539</SECTNO> <SUBJECT>Burden of proof.</SUBJECT> <SECTNO>5.541</SECTNO> <SUBJECT>Official notice by Commandant and Administrative Law Judge.</SUBJECT> <SECTNO>5.543</SECTNO> <SUBJECT>Certification of extracts from shipping articles, logbooks, etc.</SUBJECT> <SECTNO>5.545</SECTNO> <SUBJECT>Weight of entries from logbooks.</SUBJECT> <SECTNO>5.547</SECTNO> <SUBJECT>Use of judgment of conviction.</SUBJECT> <SECTNO>5.549</SECTNO> <SUBJECT>Admissibility of respondent's Coast Guard records prior to entry of findings and conclusions.</SUBJECT> <SECTNO>5.551</SECTNO> <SUBJECT>Admissions by respondent.</SUBJECT> <SECTNO>5.553</SECTNO> <SUBJECT>Testimony by deposition.</SUBJECT> <SECTNO>5.555</SECTNO> <SUBJECT>Treatises.</SUBJECT> <SECTNO>5.557</SECTNO> <SUBJECT>Medical examination of respondent.</SUBJECT> <SECTNO>5.559</SECTNO> <SUBJECT>Argument.</SUBJECT> <SECTNO>5.561</SECTNO> <SUBJECT>Submission of proposed findings and conclusions.</SUBJECT> <SECTNO>5.563</SECTNO> <SUBJECT>Administrative Law Judge's findings and conclusions.</SUBJECT> <SECTNO>5.565</SECTNO> <SUBJECT>Submission of prior record and evidence in aggravation or mitigation.</SUBJECT> <SECTNO>5.567</SECTNO> <SUBJECT>Order.</SUBJECT> <SECTNO>5.569</SECTNO> <SUBJECT>Selection of an appropriate order.</SUBJECT> <SECTNO>5.571</SECTNO> <SUBJECT>Delivery of decision.</SUBJECT> <SECTNO>5.573</SECTNO> <SUBJECT>Notification of right to appeal.</SUBJECT> <SECTNO>5.577</SECTNO> <SUBJECT>Modification of Administrative Law Judge's decision and order.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Reopening of Hearings</HD> <SECTNO>5.601</SECTNO> <SUBJECT>Petition to reopen hearing.</SUBJECT> <SECTNO>5.603</SECTNO> <SUBJECT>Procedures for submitting petition.</SUBJECT> <SECTNO>5.605</SECTNO> <SUBJECT>Action on petition.<PRTPAGE P="53"/> </SUBJECT> <SECTNO>5.607</SECTNO> <SUBJECT>Appeal from action on petition.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Appeals</HD> <SECTNO>5.701</SECTNO> <SUBJECT>Appeals in general.</SUBJECT> <SECTNO>5.703</SECTNO> <SUBJECT>Procedures for appeal.</SUBJECT> <SECTNO>5.705</SECTNO> <SUBJECT>Action on appeal.</SUBJECT> <SECTNO>5.707</SECTNO> <SUBJECT>Stay of effect of decision and order of Administrative Law Judge on appeal to the Commandant; temporary license, certificate, or document.</SUBJECT> <SECTNO>5.709</SECTNO> <SUBJECT>Appeal cases remanded for further proceedings.</SUBJECT> <SECTNO>5.711</SECTNO> <SUBJECT>Commandant's Decisions on Appeal.</SUBJECT> <SECTNO>5.713</SECTNO> <SUBJECT>Appeals to the National Transportation Safety Board.</SUBJECT> <SECTNO>5.715</SECTNO> <SUBJECT>Stay of effect of Decision of the Commandant on Appeal: Temporary document and/or license pending appeal to National Transportation Safety Board.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved</HD> <SECTNO>5.801</SECTNO> <SUBJECT>Commandant's review.</SUBJECT> <SECTNO>5.803</SECTNO> <SUBJECT>Record for decision on review.</SUBJECT> <SECTNO>5.805</SECTNO> <SUBJECT>Action on review.</SUBJECT> <SECTNO>5.807</SECTNO> <SUBJECT>Commandant's Decision on Review.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Issuance of New Licenses, Certificates or Documents After Revocation or Surrender</HD> <SECTNO>5.901</SECTNO> <SUBJECT>Time limitations.</SUBJECT> <SECTNO>5.903</SECTNO> <SUBJECT>Application procedures.</SUBJECT> <SECTNO>5.905</SECTNO> <SUBJECT>Commandant's decision on application.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>46 U.S.C. 2103, 7101, 7301, 7701; 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—Authority and Purpose</HD> <SECTION> <SECTNO>§ 5.1</SECTNO> <SUBJECT>Authority for regulations.</SUBJECT> <P>(a) The basic authority governing administrative actions against a person's license, certificate or document is set forth in title 46 U.S.C. chapter 77. The Administrative Procedure Act, title 5 U.S.C. section 551, <E T="03">et seq.</E>, requires hearings held in conjunction with these administrative actions to be presided over by an Administrative Law Judge.</P> <P>(b) Title 46, U.S.C., section 7704 requires revocation of a license, certificate or document of any person who has been shown at a hearing to be a user of or addicted to the use of a dangerous drug or to have been convicted of violating a dangerous drug law of the United States, District of Columbia, or any state or territory of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 5.3</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>The regulations in this part establish policies and procedures for administrative actions against mariners’ licenses, certificates or documents issued by the Coast Guard.</P> </SECTION> <SECTION> <SECTNO>§ 5.5</SECTNO> <SUBJECT>Purpose of administrative actions.</SUBJECT> <P>The administrative actions against a license, certification or document are remedial and not penal in nature. These actions are intended to help maintain standards for competence and conduct essential to the promotion of safety at sea.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Definitions</HD> <SECTION> <SECTNO>§ 5.11</SECTNO> <SUBJECT>Commandant.</SUBJECT> <P>For the purpose of this part, <E T="03">Commandant</E> means the Commandant of the Coast Guard. In subparts I, J, and K of this part, the term Commandant includes the Vice Commandant of the Coast Guard acting on behalf of the Commandant in any proceeding involving final agency action on a petition to reopen a hearing or an appeal from a decision of an Administrative Law Judge not involving an order of revocation.</P> </SECTION> <SECTION> <SECTNO>§ 5.13</SECTNO> <SUBJECT>Coast Guard District.</SUBJECT> <P>A <E T="03">Coast Guard District</E> is a geographical area as described in 33 CFR part 3 which is under the command of a Coast Guard officer designated by the Commandant as the Coast Guard District Commander.</P> </SECTION> <SECTION> <SECTNO>§ 5.15</SECTNO> <SUBJECT>Investigating Officer.</SUBJECT> <P>An <E T="03">investigating officer</E> is a Coast Guard official designated by the Commandant, District Commander, or the Officer In Charge, Marine Inspection, for the purpose of conducting investigations of marine casualties or matters pertaining to the conduct of persons issued a license, certificate or document by the Coast Guard. An Officer in Charge, Marine Inspection is an investigating officer without further designation.</P> </SECTION> <SECTION> <PRTPAGE P="54"/> <SECTNO>§ 5.19</SECTNO> <SUBJECT>Administrative Law Judge.</SUBJECT> <P>(a) An <E T="03">Administrative Law Judge</E> shall mean any person designated by the Commandant pursuant to the Administrative Procedure Act (5 U.S.C. 556(b) for the purpose of conducting hearings arising under 46 U.S.C. 7703 or 7704.</P> <P>(b) The Commandant has delegated to Administrative Law Judges the authority to admonish, suspend with or without probation or revoke a license, certificate or document issued to a person by the Coast Guard under any navigation or shipping law.</P> </SECTION> <SECTION> <SECTNO>§ 5.23</SECTNO> <SUBJECT>Charge.</SUBJECT> <P>(a) A <E T="03">charge</E> is the designation in general terms of an act or offense within the purview of 46 U.S.C. 7703 or 7704. A charge must be supported by one or more <E T="03">specifications.</E> Under no circumstances does a <E T="03">charge</E> constitute evidence nor may any inference be drawn from the fact that the holder of a license, certificate or document has been the subject of a <E T="03">charge.</E> </P> <P>(b) A charge must be stated as one of the following:</P> <P>(1) Misconduct;</P> <P>(2) Negligence;</P> <P>(3) Incompetence;</P> <P>(4) Violation of law or regulation;</P> <P>(5) Conviction for a dangerous drug law violation, use of a dangerous drug, or addiction to the use of dangerous drugs.</P> </SECTION> <SECTION> <SECTNO>§ 5.25</SECTNO> <SUBJECT>Specification.</SUBJECT> <P>A <E T="03">specification</E> sets forth the facts which form the basis of a <E T="03">charge</E> and enables the respondent to identify the act or offense so that a defense can be prepared. Each specification shall state:</P> <P>(a) Basis for jurisdiction;</P> <P>(b) Date and place of act, or offense; and</P> <P>(c) The facts constituting the alleged act or offense.</P> </SECTION> <SECTION> <SECTNO>§ 5.27</SECTNO> <SUBJECT>Misconduct.</SUBJECT> <P> <E T="03">Misconduct</E> is human behavior which violates some formal, duly established rule. Such rules are found in, among other places, statutes, regulations, the common law, the general maritime law, a ship's regulation or order, or shipping articles and similar sources. It is an act which is forbidden or a failure to do that which is required.</P> </SECTION> <SECTION> <SECTNO>§ 5.29</SECTNO> <SUBJECT>Negligence.</SUBJECT> <P> <E T="03">Negligence</E> is the commission of an act which a reasonable and prudent person of the same station, under the same circumstances, would not commit, or the failure to perform an act which a reasonable and prudent person of the same station, under the same circumstances, would not fail to perform.</P> </SECTION> <SECTION> <SECTNO>§ 5.31</SECTNO> <SUBJECT>Incompetence.</SUBJECT> <P> <E T="03">Incompetence</E> is the inability on the part of a person to perform required duties, whether due to professional deficiencies, physical disability, mental incapacity, or any combination thereof.</P> </SECTION> <SECTION> <SECTNO>§ 5.33</SECTNO> <SUBJECT>Violation of law or regulation.</SUBJECT> <P>Where the proceeding is based exclusively on that part of title 46 U.S.C. section 7703, which provides as a basis for suspension or revocation a violation or failure to comply with 46 U.S.C. subtitle II, a regulation prescribed under that subtitle, or any other law or regulation intended to promote marine safety or protect navigable waters, the <E T="03">charge</E> shall be <E T="03">violation of law</E> or <E T="03">violation of regulation.</E> The <E T="03">specification</E> shall state the specific statute or regulation by title and section number, and the particular manner in which it was allegedly violated.</P> </SECTION> <SECTION> <SECTNO>§ 5.35</SECTNO> <SUBJECT>Conviction for a dangerous drug law violation, use of, or addiction to the use of dangerous drugs.</SUBJECT> <P>Where the proceeding is based exclusively on the provisions of title 46, U.S.C. 7704, the <E T="03">charge</E> will be <E T="03">conviction for a dangerous drug law violation</E> or <E T="03">use of dangerous drugs</E> or <E T="03">addiction to the use of dangerous drugs,</E> depending upon the circumstances. The <E T="03">specification</E> will allege jurisdiction by stating the elements as required by title 46, U.S.C. 7704, and the approximate time and place of the offense.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="55"/> <HD SOURCE="HED">Subpart C—Statement of Policy and Interpretation</HD> <SECTION> <SECTNO>§ 5.51</SECTNO> <SUBJECT>Construction of regulations.</SUBJECT> <P>The regulations in this part shall be construed so as to obtain a just, speedy, and economical determination of the issues presented.</P> </SECTION> <SECTION> <SECTNO>§ 5.53</SECTNO> <SUBJECT>Initiating suspension and revocation proceedings.</SUBJECT> <P>Suspension and revocation proceedings are initiated upon service of charges preferred by an investigating officer.</P> </SECTION> <SECTION> <SECTNO>§ 5.55</SECTNO> <SUBJECT>Time limitations for service of charges and specifications.</SUBJECT> <P>(a) The time limitations for service of various charges and specifications upon the holder of a license, certificate or document are as follows:</P> <P>(1) When based exclusively on 46 U.S.C. 7704, service shall be within 10 years after the date of conviction, or at anytime if the person charged is a user of or addicted to the use of a dangerous drug.</P> <P>(2) For one of the misconduct offenses specified in § 5.59(a) or § 5.61(a), service shall be within five years after commission of the offense alleged therein.</P> <P>(3) For an act or offense not otherwise provided for, the service shall be within three years after the commission of the act or offense alleged therein.</P> <P>(b) When computing the period of time specified in paragraphs (a) (2) and (3) of this section there shall be excluded any period or periods of time when the respondent could not attend a hearing or be served charges by reason of being outside of the United States or by reason of being in prison or hospitalized.</P> </SECTION> <SECTION> <SECTNO>§ 5.57</SECTNO> <SUBJECT>Acting under authority of license, certificate or document.</SUBJECT> <P>(a) A person employed in the service of a vessel is considered to be acting under the authority of a license, certificate or document when the holding of such license, certificate or document is:</P> <P>(1) Required by law or regulation; or</P> <P>(2) Required by an employer as a condition for employment.</P> <P>(b) A person is considered to be acting under the authority of the license, certificate or document while engaged in official matters regarding the license, certificate or document. This includes, but is not limited to, such acts as applying for renewal of a license, taking examinations for upgrading or endorsements, requesting duplicate or replacement licenses, certificates or documents, or when appearing at a hearing under this part.</P> <P>(c) A person does not cease to act under the authority of a license, certificate or document while on authorized or unauthorized shore leave from the vessel.</P> </SECTION> <SECTION> <SECTNO>§ 5.59</SECTNO> <SUBJECT>Offenses for which revocation of licenses, certificates or documents is mandatory.</SUBJECT> <P>An Administrative Law Judge enters an order revoking a respondent's license, certificate or document when—</P> <P>(a) A charge of misconduct for wrongful possession, use, sale, or association with dangerous drugs is found proved. In those cases involving marijuana, the Administrative Law Judge may enter an order less than revocation when satisfied that the use, possession or association, was the result of experimentation by the respondent and that the respondent has submitted satisfactory evidence that he or she is cured of such use and that the possession or association will not recur.</P> <P>(b) The respondent has been a user of, or addicted to the use of, a dangerous drug, or has been convicted for a violation of the dangerous drug laws, whether or not further court action is pending, and such charge is found proved. A conviction becomes final when no issue of law or fact determinative of the respondent's guilt remains to be decided.</P> </SECTION> <SECTION> <SECTNO>§ 5.61</SECTNO> <SUBJECT>Acts or offenses for which revocation of licenses, certificates, or documents is sought.</SUBJECT> <P>(a) An investigating officer seeks revocation of a respondent's license, certificate or document when one of the following acts or offenses is found proved:</P> <P>(1) Assault with a dangerous weapon.</P> <P>(2) Misconduct resulting in loss of life or serious injury.</P> <P>(3) Rape or sexual molestation.<PRTPAGE P="56"/> </P> <P>(4) Murder or attempted murder.</P> <P>(5) Mutiny.</P> <P>(6) Perversion.</P> <P>(7) Sabotage.</P> <P>(8) Smuggling of aliens.</P> <P>(9) Incompetence.</P> <P>(10) Interference with master, ship's officers, or government officials in performance of official duties.</P> <P>(11) Wrongful destruction of ship's property.</P> <P>(b) An investigating officer may seek revocation of a respondent's license, certificate or document when the circumstances of an act or offense found proved or consideration of the respondent's prior record indicates that permitting such person to serve under the license, certificate or document would be clearly a threat to the safety of life or property, or detrimental to good discipline.</P> </SECTION> <SECTION> <SECTNO>§ 5.63</SECTNO> <SUBJECT>Standard of proof.</SUBJECT> <P>In proceedings conducted pursuant to this part, findings must be supported by and in accordance with the reliable, probative, and substantial evidence. By this is meant evidence of such probative value as a reasonable, prudent and responsible person is accustomed to rely upon when making decisions in important matters. This includes <E T="03">admitted</E> or <E T="03">no contest</E> answers.</P> </SECTION> <SECTION> <SECTNO>§ 5.65</SECTNO> <SUBJECT>Commandant's decisions in appeal or review cases.</SUBJECT> <P>The decisions of the Commandant in cases of appeal or review of decisions of Administrative Law Judges are officially noticed and the principles and policies enunciated therein are binding upon all Administrative Law Judges, unless they are modified or rejected by competent authority.</P> </SECTION> <SECTION> <SECTNO>§ 5.67</SECTNO> <SUBJECT>Physician-patient privilege.</SUBJECT> <P>For the purpose of these proceedings, the physician-patient privilege does not exist between a physician and a respondent.</P> </SECTION> <SECTION> <SECTNO>§ 5.69</SECTNO> <SUBJECT>Evidence of criminal liability.</SUBJECT> <P>Evidence of criminal liability discovered during an investigation or hearing conducted pursuant to this part will be referred to the Attorney General's local representative or other appropriate law enforcement authority having jurisdiction over the matter.</P> </SECTION> <SECTION> <SECTNO>§ 5.71</SECTNO> <SUBJECT>Maritime labor disputes.</SUBJECT> <P>Under no circumstances will the Coast Guard exercise its authority for the purpose of favoring any party to a maritime labor controversy. However, if the situation affecting the safety of the vessel or persons on board is presented, the matter shall be thoroughly investigated and when a violation of existing statutes or regulations is indicated, appropriate action will be taken.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Investigations</HD> <SECTION> <SECTNO>§ 5.101</SECTNO> <SUBJECT>Conduct of investigations.</SUBJECT> <P>(a) Investigations may be initiated in any case in which it appears that there are reasonable grounds to believe that the holder of a license, certificate or document issued by the Coast Guard may have:</P> <P>(1) Committed an act of incompetency, misconduct, or negligence while acting under the authority of a license, certificate or document;</P> <P>(2) Violated or failed to comply with subtitle II of title 46, U.S.C., a regulation prescribed under this subtitle, or any other law or regulations intended to promote marine safety or to protect the navigable waters, while acting under the authority of a license, certificate or document;</P> <P>(3) Been convicted of a dangerous drug law violation, or has been a user of, or addicted to the use of, a dangerous drug, so as to be subject to the provisions of 46 U.S.C. 7704.</P> <P>(b) In order to promote full disclosure and facilitate determinations as to the cause of marine casualties, no admission made by a person during an investigation under this part or part 4 of this title may be used against that person in a proceeding under this part, except for impeachment.</P> </SECTION> <SECTION> <SECTNO>§ 5.103</SECTNO> <SUBJECT>Powers of investigating officer.</SUBJECT> <P>During an investigation, the investigating officer may administer oaths, issue subpoenas in accordance with subpart F of this title, and require persons having knowledge of the subject matter of the investigation to answer questions.</P> </SECTION> <SECTION> <PRTPAGE P="57"/> <SECTNO>§ 5.105</SECTNO> <SUBJECT>Course of action available.</SUBJECT> <P>During an investigation, the investigating officer may take appropriate action as follows:</P> <P>(a) Prefer charges.</P> <P>(b) Accept voluntary surrender of a license, certificate or document.</P> <P>(c) Accept voluntary deposit of a license, certificate or document.</P> <P>(d) Refer the case to others for further action. The investigating officer may refer the case to the Commandant or to an Officer in Charge, Marine Inspection, at any port for completion of administrative action if an adequate basis for action is found and the person under investigation and/or witnesses are not locally available.</P> <P>(e) Give a written warning. The investigating officer may give a warning to any person holding a license, certificate or document. Refusal to accept the written warning will normally result in a withdrawal of the warning and the preferral of charges. An unrejected warning will become a part of the person's record.</P> <P>(f) Close the case.</P> </SECTION> <SECTION> <SECTNO>§ 5.107</SECTNO> <SUBJECT>Preparation and service of charges and specifications.</SUBJECT> <P>(a) When preferring charges, the investigating officer prepares charges and specifications, together with a notice of the time, date and place of the hearing.</P> <P>(b) The original of the charges and specifications and the notice of the time, date and place of hearing are served upon the respondent, either by personal service or certified mail, return receipt requested; restricted delivery (receipt to be signed by the addressee only).</P> <P>(c) Service will be made sufficiently in advance of the time set for the hearing so as to give the respondent a reasonable opportunity to prepare a defense.</P> <P>(d) At the time of service, whether personal or by certified mail, the respondent will also be advised with respect to:</P> <P>(1) The nature of suspension and revocation proceedings and the possible results thereof;</P> <P>(2) The right to have representation by counsel at the hearing, and that counsel may be, but need not be, a lawyer;</P> <P>(3) The right to have witnesses, records or other evidence subpoenaed and that</P> <P>(4) Failure to appear at the time, date and place specified may result in the hearing being in his absence.</P> <P>(e) If the alleged act involves mental incompetence, it is recommended to the respondent, at the time of service of charges, that he procure counsel.</P> <P>(f) If the alleged act involves mental or physical incompetence, the respondent is advised that evidence of medical examination may be submitted.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Deposit or Surrender of License, Certificate or Document</HD> <SECTION> <SECTNO>§ 5.201</SECTNO> <SUBJECT>Voluntary deposits in event of mental or physical incompetence.</SUBJECT> <P>(a) A holder may deposit a license, certificate, or document with the Coast Guard in any case where there is evidence of mental or physical incompetence. A voluntary deposit is accepted on the basis of a written agreement, the original of which will be given to the holder, which specifies the conditions upon which the Coast Guard will return the license, certificate, or document to the holder.</P> <P>(b) Where the mental or physical incompetence of a holder of a license, certificate, or document is caused by use of or addiction to dangerous drugs, a voluntary deposit will only be accepted contingent on the following circumstances:</P> <P>(1) The holder is enrolled in a bona fide drug abuse rehabilitation program;</P> <P>(2) The holder's incompetence did not cause or contribute to a marine casualty,</P> <P>(3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State or local government investigation; and</P> <P>(4) The holder has not voluntarily deposited or surrendered a license, certificate, or document, or had a license, certificate, or document revoked for a drug related offense on a prior occasion.</P> <P>(c) Where the mental or physical incompetence of a holder of a license, certificate, or document is caused by <PRTPAGE P="58"/>use or addiction to alcohol, a voluntary deposit will only be accepted contingent on the following circumstances:</P> <P>(1) The holder is enrolled in a bona fide alcohol abuse rehabilitation program;</P> <P>(2) The holder's incompetence did not cause or contribute to a marine casualty; and</P> <P>(3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State, or local government investigation.</P> <P>(d) Where the conditions of paragraphs (b) and (c) of this section are not met, the holder may only surrender such license, certificate, or document in accordance with § 5.203.</P> <CITA>[CGD 84-099, 52 FR 47535, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.203</SECTNO> <SUBJECT>Voluntary surrender to avoid hearing.</SUBJECT> <P>(a) Any holder may surrender a license, certificate or document to the Coast Guard in preference to appearing at a hearing.</P> <P>(b) A holder voluntarily surrendering a license, certificate or document shall sign a written statement containing the stipulations that:</P> <P>(1) The surrender is made voluntarily in preference to appearing at a hearing;</P> <P>(2) All rights to the license, certificate or document surrendered are permanently relinquished; and,</P> <P>(3) Any rights with respect to a hearing are waived.</P> <P>(c) A voluntary surrender of a license, certificate or document to an investigating officer in preference to appearing at a hearing is not to be accepted by an investigating officer unless the investigating officer is convinced that the holder fully realizes the effect of such surrender.</P> </SECTION> <SECTION> <SECTNO>§ 5.205</SECTNO> <SUBJECT>Return or issuance of a license, certificate of registry, or merchant mariners document.</SUBJECT> <P>(a) A person may request the return of a voluntarily deposited license, certificate, or document at any time, provided he or she can demonstrate a satisfactory rehabilitation or cure of the condition which caused the incompetence; has complied with any other conditions of the written agreement executed at the time of deposit; and complies with the physical and professional requirements for issuance of a license, certificate, or document.</P> <P>(b) Where the voluntary deposit is based on incompetence due to drug abuse, the deposit agreement shall provide that the license, certificate, or document will not be returned until the person:</P> <P>(1) Successfully completes a bona fide drug abuse rehabilitation program;</P> <P>(2) Demonstrates complete non-association with dangerous drugs for a minimum of six months after completion of the rehabilitation program; and</P> <P>(3) Is actively participating in a bona fide drug abuse monitoring program.</P> <P>(c) Where the voluntary deposit is based on incompetence due to alcohol abuse, the deposit agreement shall provide that the license, certificate, or document will not be returned until the person:</P> <P>(1) Successfully completes a bona fide alcohol abuse rehabilitation program; and</P> <P>(2) Is actively participating in a bona fide alcohol abuse monitoring program.</P> <P>(d) The voluntary surrender of a license, certificate, or document is the equivalent of revocation of such papers. A holder who voluntarily surrenders a license, certificate, or document must comply with provisions of §§ 5.901 and 5.903 when applying for the issuance of a new license, certificate, or document.</P> <CITA>[CGD 84-099, 52 FR 47535, Dec. 14, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Subpoenas</HD> <SECTION> <SECTNO>§ 5.301</SECTNO> <SUBJECT>Issuance of subpoenas.</SUBJECT> <P>(a) Every subpoena shall command the person to whom it is directed to appear at a specified time and place to give testimony or to produce books, papers, documents, or any other evidence, which shall be described with such particularity as necessary to identify what is desired.</P> <P>(b) The investigating officer may issue subpoenas for the attendance of witnesses or for the production of books, papers, documents, or any other relevant evidence needed by the investigating officer or by the respondent.<PRTPAGE P="59"/> </P> <P>(c) After charges have been served upon the respondent the Administrative Law Judge may, either on the Administrative Law Judge's own motion or the motion of the investigating officer or respondent, issue subpoenas for the attendance and the giving of testimony by witnesses or for the production of books, papers, documents, or any other relevant evidence.</P> </SECTION> <SECTION> <SECTNO>§ 5.303</SECTNO> <SUBJECT>Service of subpoenas on behalf of the respondent.</SUBJECT> <P>Service of subpoenas issued on behalf of the respondent is the responsibility of the respondent. However, if the Administrative Law Judge finds that the respondent or respondent's counsel is physically unable to effect the service, despite diligent and bona fide attempts to do so, and if the Administrative Law Judge further finds that the existing impediment to the service of the subpoena is peculiarly within the authority of the Coast Guard to overcome, the Administrative Law Judge will have the subpoena delivered to an investigating officer participating in the case for the purpose of effecting service.</P> </SECTION> <SECTION> <SECTNO>§ 5.305</SECTNO> <SUBJECT>Quashing a subpoena.</SUBJECT> <P>(a) Persons subpoenaed to appear in person or produce evidence at a hearing may, prior to or during the hearing, apply in writing to the Administrative Law Judge conducting the hearing requesting that the subpoena be quashed or modified.</P> <P>(b) Upon receipt of any application requesting quashing or modification of a subpoena the Administrative Law Judge notifies the party for whom the subpoena was issued. The Administrative Law Judge may quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or may deny the request.</P> </SECTION> <SECTION> <SECTNO>§ 5.307</SECTNO> <SUBJECT>Enforcement.</SUBJECT> <P>Upon application and for good cause shown, or upon its own initiative, the Coast Guard will seek judicial enforcement of subpoenas issued by investigating officers or Administrative Law Judges. This is done by making application to the United States District Court, through the office of the appropriate U.S. Attorney, to issue an order compelling the attendance of, and/or giving of testimony by, witnesses, or for the production of books, papers, documents, or any other relevant evidence.</P> </SECTION> <SECTION> <SECTNO>§ 5.309</SECTNO> <SUBJECT>Proof of service.</SUBJECT> <P>(a) The person serving a subpoena shall make a written statement setting forth the date, time and manner of service and shall return such report with or on a copy of the subpoena to the investigating officer or Administrative Law Judge who issued it. In case of failure to make service of a subpoena, the person assigned to serve such subpoena shall make a written statement setting forth the reasons the subpoena was not served. The statement should be placed on the subpoena or attached to it and returned to the investigating office or Administrative Law Judge who issued the subpoena.</P> <P>(b) When service of a subpoena is made by certified mail with return receipt to be signed by the addressee only, the person mailing the subpoena shall make a written statement on a copy of the subpoena or attached to it, setting forth the date, time and location of the post office where mailed, the post office number assigned thereto. If delivered, the receipt requested shall be returned, by the person receiving the receipt, to the investigating officer or Administrative Law Judge who issued the subpoena. In case the subpoena is not delivered, any information reported by the post office regarding non-delivery shall be given to the investigating officer or Administrative Law Judge who issued the subpoena.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Witness Fees</HD> <SECTION> <SECTNO>§ 5.401</SECTNO> <SUBJECT>Payment of witness fees and allowances.</SUBJECT> <P>(a) Duly subpoenaed witnesses, other than Federal government employees, may apply for payment of their attendance as witnesses at an investigation or hearing conducted pursuant to this part by submitting a request for payment (Standard Form 1157) accompanied by any necessary receipts.</P> <P>(b) Fees and allowances will be paid as provided by 28 U.S.C. 1821, except <PRTPAGE P="60"/>that a person called to testify as an expert witness may be paid a higher fee to be fixed by the District Commander.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Hearings</HD> <SECTION> <SECTNO>§ 5.501</SECTNO> <SUBJECT>General.</SUBJECT> <P>(a) A hearing in a suspension and revocation proceeding conducted under 46 U.S.C. chapter 77, is the adjudication of the case. It is presided over and is conducted under the exclusive control of an Administrative Law Judge in accordance with applicable requirements in 5 U.S.C. 551, <E T="03">et seq.</E> (Administrative Procedure Act), and the regulations in this part. The Administrative Law Judge shall regulate and conduct the hearing in such a manner so as to bring out all the relevant and material facts, and to insure a fair and impartial hearing.</P> <P>(b) The Administrative Law Judge shall be governed by 5 U.S.C. 557(d)(1) of the Administrative Procedure Act regarding ex parte communications relative to these proceedings.</P> <P>(c) With the consent of the investigating officer and respondent, the Administrative Law Judge may hold a prehearing conference for the settlement or simplification of the issues involved in the case. A prehearing conference may be requested by the investigating officer, respondent, or the Administrative Law Judge and is subject to the following provisions:</P> <P>(1) The Administrative Law Judge sets the time and place for the conference, or conference telephone call. The conference shall not be convened unless both the investigating officer and the respondent or their authorized representative are present.</P> <P>(2) Admissions or statements made at a conference are not admissible in evidence at a hearing for any reason.</P> <P>(3) The Administrative Law Judge, in his opening statement at the hearing, shall enter into the hearing record the time, date, place, and persons present at any prehearing conference held.</P> <P>(4) If the investigating officer and the respondent agree at the prehearing conference to stipulate to facts or amend the charge sheet, either may introduce the stipulation at the hearing which, upon the consent of the other, will become a part of the hearing record.</P> <P>(d) The procedures below are usually followed:</P> <P>(1) Administrative Law Judge's opening statement.</P> <P>(2) Appearances of persons at the hearing.</P> <P>(3) Verification of currently valid license, certificate and/or document held by respondent.</P> <P>(4) The Administrative Law Judge advises the respondent of his or her rights.</P> <P>(5) Exclusion of witnesses from the hearing room.</P> <P>(6) Preliminary motions, objections and/or corrections to the charges and specifications.</P> <P>(7) A reading of the charges with respondent's answer.</P> <P>(8) Opening statement of investigating officer.</P> <P>(9) Opening statement by or on behalf of the respondent or statements in mitigation if the respondent has admitted to the charge and specification or has answered <E T="03">no contest.</E> </P> <P>(10) Submission of evidence.</P> <P>(11) Argument by the investigating officer and argument by or on behalf of the respondent.</P> <P>(12) The investigating officer and respondent are given the opportunity to submit proposed findings and conclusions.</P> <P>(13) The Administrative Law Judge renders findings and conclusions.</P> <P>(14) Submission of prior record of the respondent and evidence in aggravation or mitigation.</P> <P>(15) The Administrative Law Judge renders an order.</P> <P>(16) The Administrative Law Judge serves complete written decision.</P> <P>(17) The Administrative Law Judge advises the respondent of the right to appeal.</P> <P>(18) The Administrative Law Judge declares that the hearing is closed.</P> </SECTION> <SECTION> <SECTNO>§ 5.503</SECTNO> <SUBJECT>Record of the hearing.</SUBJECT> <P>(a) The Administrative Law Judge designates an official reporter for the hearing. The reporter shall prepare the record of the hearing, including the transcript if so directed by the Administrative Law Judge.<PRTPAGE P="61"/> </P> <P>(b) The testimony and exhibits presented, together with all papers, requests, and rulings filed in the proceedings constitute the record of the hearing.</P> </SECTION> <SECTION> <SECTNO>§ 5.505</SECTNO> <SUBJECT>Public access to hearings.</SUBJECT> <P>All hearings conducted pursuant to this part are open to the public, including representatives of the press, except when the Administrative Law Judge finds that the subject matter to be, or being, brought out in the evidence concerns classified material relating to national security, or when other circumstances exist which have been held to warrant a limitation or exception to the right of a public hearing in a United States District Court.</P> </SECTION> <SECTION> <SECTNO>§ 5.507</SECTNO> <SUBJECT>Disqualification of Administrative Law Judge.</SUBJECT> <P>(a) In any suspension and revocation proceeding conducted under this part, the Administrative Law Judge may withdraw voluntarily from a particular case for reasons of a possible conflict of interest. In such event, the Administrative Law Judge shall immediately notify the Commandant of the desire to withdraw and the reasons therefor.</P> <P>(b) In any case the investigating officer or the respondent may, in good faith, request the Administrative Law Judge to withdraw on the grounds of personal bias or other disqualification. The party seeking the Administrative Law Judge's disqualification shall file with the Administrative Law Judge a timely affidavit or statement sworn to before a Coast Guard officer of other official authorized to administer oaths, setting forth in detail the facts alleged to constitute the grounds for disqualification. The investigating officer or the respondent may present testimony of witnesses or, at minimum, an offer of proof to support these grounds. The Administrative Law Judge rules whether or not disqualification is warranted.</P> <P>(c) If the person seeking disqualification takes exception to the Administrative Law Judge's ruling, that person may appeal such ruling to the Commandant. When such appeal is made, the Administrative Law Judge immediately forwards the affidavit or sworn statement with the decision thereon to the Commandant. The Administrative Law Judge may proceed with the hearing unless it can be shown that a delay in the hearing pending a determination of the appeal will not be detrimental to the matters being adjudicated. The Administrative Law Judge ensures that all matters relating to such claims of disqualification appear affirmatively in the record.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.509</SECTNO> <SUBJECT>Opening the hearing.</SUBJECT> <P>The Administrative Law Judge opens the hearing at the time and place specified in the notice, administers all necessary oaths, and causes a complete record of the proceedings to be kept. The time and place of opening the hearing may be changed by the Administrative Law Judge by written notice served on the investigating officer and the respondent, either on the Administrative Law Judge's own motion or upon application of the investigating officer or respondent. Such change must be consistent with the rights of the respondent to a fair, impartial and timely hearing and the availability of witnesses.</P> </SECTION> <SECTION> <SECTNO>§ 5.511</SECTNO> <SUBJECT>Continuance of a hearing.</SUBJECT> <P>The Administrative Law Judge may, either on the Administrative Law Judge's own motion or the motion of the investigating officer or respondent, continue the hearing from day to day or adjourn such hearing to a later date or to a different place by announcement at the hearing or by other appropriate notice. When determining whether to grant a continuance, the Administrative Law Judge gives careful consideration to the future availability of witnesses, the schedule of the vessel or vessels on which the respondent and/or witnesses may be employed, and to the nature of the charge and gravity of the offense.</P> </SECTION> <SECTION> <SECTNO>§ 5.513</SECTNO> <SUBJECT>Appearances.</SUBJECT> <P>The appearances of the investigating officer and respondent and their representatives are entered in the record.</P> </SECTION> <SECTION> <PRTPAGE P="62"/> <SECTNO>§ 5.515</SECTNO> <SUBJECT>Failure of respondent to appear at hearing.</SUBJECT> <P>(a) In any case in which the respondent, after being duly served with the original of the notice of the time and place of the hearing and the charges and specifications, fails to appear at the time and place specified for the hearing, the hearing may be conducted <E T="03">in absentia.</E> </P> <P>(b) The Administrative Law Judge ensures that the record contains the facts concerning the service of the charges, specifications and notice of hearing.</P> </SECTION> <SECTION> <SECTNO>§ 5.517</SECTNO> <SUBJECT>Witnesses excluded from hearing room.</SUBJECT> <P>After appearances are entered and prior to proceeding with the hearing, all witnesses are excluded from the hearing room. The Administrative Law Judge may order witnesses to be separated from each other while waiting to testify or admonish them to not discuss the case among themselves or with any other person, with the exception of the investigating officer, the respondent or the respondent's counsel.</P> </SECTION> <SECTION> <SECTNO>§ 5.519</SECTNO> <SUBJECT>Rights of respondent.</SUBJECT> <P>(a) The Administrative Law Judge advises the respondent, on the record, of the right to:</P> <P>(1) Be represented by professional counsel, or any other person desired;</P> <P>(2) Have witnesses and relevant evidence subpoenaed;</P> <P>(3) Examine witnesses, cross-examine witnesses, and introduce relevant evidence into the record; and</P> <P>(4) Testify or remain silent.</P> </SECTION> <SECTION> <SECTNO>§ 5.521</SECTNO> <SUBJECT>Verification of license, certificate or document.</SUBJECT> <P>(a) The Administrative Law Judge shall require the respondent to produce and present at the opening of the hearing, and on each day the hearing is in session thereafter, all valid licenses, certificates, and/or documents issued by the Coast Guard to the respondent. In the event that the respondent alleges that such license, certificate or document has been lost, misplaced, stolen, destroyed, or is otherwise beyond his ability to produce, the respondent shall execute a lost document affidavit (Form CG-4363). The Administrative Law Judge shall warn the respondent that a willful misstatement of any material item in such affidavit is punishable as a violation of a Federal criminal statute. (See 18 U.S.C. 1001).</P> <P>(b) When a hearing is continued or delayed, the Administrative Law Judge returns the license, certificate, or document to the respondent: unless a prima facie case has been established that the respondent committed an act or offense which shows that the respondent's service on a vessel would constitute a definite danger to public health, interest or safety at sea.</P> <CITA>[CGD82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.523</SECTNO> <SUBJECT>Motions or objections.</SUBJECT> <P>Any motion or objection shall be heard and disposed of, on the record, by the Administrative Law Judge.</P> </SECTION> <SECTION> <SECTNO>§ 5.525</SECTNO> <SUBJECT>Correction or amendment of charges and/or specifications.</SUBJECT> <P>(a) The Administrative Law Judge examines the charges and specifications to determine their correctness as to form and legal sufficiency.</P> <P>(b) The Administrative Law Judge may, either on the Administrative Law Judge's own motion or motion by either the investigating officer or respondent, amend the charges and specifications to correct harmless errors by deletion or substitution of words or figures as long as a legal charge and specification remains.</P> <P>(c) When errors of substance are found in charges and specifications, the Administrative Law Judge shall allow that the defective charge or specification be withdrawn without prejudice to the service of a new charge and specification in the matter. The investigating officer may then prepare and serve a new charge and specification.</P> </SECTION> <SECTION> <SECTNO>§ 5.527</SECTNO> <SUBJECT>Answer.</SUBJECT> <P>(a) The Administrative Law Judge reads each charge and specification to the respondent and obtains a specific answer to each charge and specification. If the respondent fails to answer a charge or specification, the Administrative Law Judge enters a denial and proceeds with the hearing.<PRTPAGE P="63"/> </P> <P>(b) A specific answer shall be one of the following:</P> <P>(1) Deny;</P> <P>(2) No contest; or</P> <P>(3) Admit.</P> <P>(c) For purposes of proceedings under this part, an admission or <E T="03">no contest</E> answer is sufficient to support a finding of <E T="03">proved</E> by the Administrative Law Judge.</P> <P>(d) When the hearing is conducted <E T="03">in absentia,</E> the Administrative Law Judge enters a denial to all charges and specifications.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.529</SECTNO> <SUBJECT>Opening statement of investigating officer.</SUBJECT> <P>(a) If a denial is entered, the investigating officer makes a brief statement outlining the matters expected to be proved.</P> <P>(b) If the respondent admits the truth of the charges and specifications or answers <E T="03">no contest,</E> the opening statement of the investigating officer shall contain a summary of the evidence upon which the charges and specifications are based.</P> </SECTION> <SECTION> <SECTNO>§ 5.531</SECTNO> <SUBJECT>Opening statement by or on behalf of the respondent.</SUBJECT> <P>The respondent or the respondent's counsel is afforded an opportunity to state what is intended to be established. This may be waived or deferred at the option of the respondent.</P> </SECTION> <SECTION> <SECTNO>§ 5.533</SECTNO> <SUBJECT>Presentation of case where there is an admission or no contest answer.</SUBJECT> <P>(a) If the respondent admits to any charge and specification or answers <E T="03">no contest,</E> evidence in mitigation may be presented, and the investigating officer may present a prima facie case and evidence in aggravation even in those cases where revocation is mandatory.</P> <P>(b) Should the respondent's presentation be inconsistent with an admission or answer of <E T="03">no contest,</E> the Administrative Law Judge will reject the answer, enter a denial and continue with the hearing.</P> </SECTION> <SECTION> <SECTNO>§ 5.535</SECTNO> <SUBJECT>Witnesses.</SUBJECT> <P>(a) All witnesses are sworn, duly examined, and may be cross examined. A witness on the stand may be questioned at any time by the Administrative Law Judge.</P> <P>(b) The person who calls a witness shall begin direct examination by identifying the witness.</P> <P>(c) Witnesses may be called to establish matters of aggravation or matters of mitigation.</P> <P>(d) Any witness may have the benefit and advice of personal counsel, but such counsel shall not otherwise participate in the hearing.</P> <P>(e) Any attempt to coerce or induce a witness to testify falsely is an offense under federal law which may be punishable by fine or imprisonment or both. (See 18 U.S.C. 1505.)</P> <P>(f) Upon motion by the investigating officer or respondent, the Administrative Law Judge may order that testimony of a witness be taken by telephone conference call, when testimony would otherwise be taken by deposition. The telephone conference will be arranged so that all participants can listen to and speak to each other in the hearing of the Administrative Law Judge. The Administrative Law Judge insures that all participants in the telephone conference are properly identified to allow a proper record to be made by the reporter. Participants shall speak clearly and avoid extraneous conversation. Telephone conferences are governed by the procedural rules and decorum observed during in-person proceedings.</P> <P>(g) A witness may be subpoenaed to testify by telephone conference. The subpoena in such instances is issued under the procedures in subpart F.</P> </SECTION> <SECTION> <SECTNO>§ 5.537</SECTNO> <SUBJECT>Evidence.</SUBJECT> <P>(a) In these proceedings, strict adherence to the rules of evidence is not required. However, the Federal Rules of Evidence, as amended, shall be the primary guide for evidentiary matters, where applicable.</P> <P>(b) Rules 410, 606, 706, and 1101 of the Federal Rules of Evidence shall not be applicable to these proceedings.</P> <P>(c) In conducting a hearing the Administrative Law Judge will extend reasonable latitude to the respondent <PRTPAGE P="64"/>who does not have professional counsel to represent him. Investigating officers and counsel should be required to conform to rules of evidence to a greater degree than respondents without counsel.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.539</SECTNO> <SUBJECT>Burden of proof.</SUBJECT> <P>The investigating officer has the burden of proof.</P> </SECTION> <SECTION> <SECTNO>§ 5.541</SECTNO> <SUBJECT>Official notice by Commandant and Administrative Law Judge.</SUBJECT> <P>(a) In addition to other rules providing for judicial notice, the Commandant and the Administrative Law Judges will consider the following without requiring the investigating officer or the respondent to submit them in evidence:</P> <P>(1) <E T="03">Federal Law.</E> The Constitution; Congressional Acts, Resolutions, Records, Journals and Committee Reports; Decisions of Federal Courts; Executive Orders and Proclamations; and rules, regulations, orders and notices published in the <E T="04">Federal Register.</E> </P> <P>(2) <E T="03">State law.</E> The Constitution and public laws of each State.</P> <P>(3) <E T="03">Governmental organizations.</E> The organization, territorial limitations, officers, departments, and general administration of the Government of the United States, its States, territories, possessions and the Commonwealth of Puerto Rico.</P> <P>(4) <E T="03">Commandant's decisions.</E> The Commandant's decisions in all appeal and review cases under this part. (See § 5.65.)</P> <P>(b) Matters officially noticed by the Commandant or the Administrative Law Judge are specified on the record. The investigating officer and the respondent shall be afforded an opportunity, on the record, to rebut such matters.</P> </SECTION> <SECTION> <SECTNO>§ 5.543</SECTNO> <SUBJECT>Certification of extracts from shipping articles, logbooks, etc.</SUBJECT> <P>(a) In addition to other rules providing for authentication and certification, extracts from records in the custody of the Coast Guard, shipping articles, and logbooks, may be identified and authenticated by certification of an investigating officer or custodian of such records, or by any commissioned officer of the Coast Guard.</P> <P>(b) Certification must include a statement that the certifying individual has seen the original and compared the copy with it and found it to be a true copy. The individual so certifying shall sign name, rank or title, and duty station.</P> </SECTION> <SECTION> <SECTNO>§ 5.545</SECTNO> <SUBJECT>Weight of entries from logbooks.</SUBJECT> <P>(a) An entry in an official logbook of a vessel concerning an offense enumerated in 46 U.S.C. 11501, made in substantial compliance with the procedural requirements of 46 U.S.C. 11502, is admissible in evidence and constitutes prima facie evidence of the facts recited.</P> <P>(b) An entry in any logbook kept on a vessel may be admitted into evidence as an exception to the hearsay rule, under the Federal Rules of Evidence, as a record of a regularly conducted activity.</P> <P>(c) An entry in any logbook made in compliance with the procedural requirements of 46 U.S.C. 11502 may be given added weight by the Administrative Law Judge.</P> </SECTION> <SECTION> <SECTNO>§ 5.547</SECTNO> <SUBJECT>Use of judgment of conviction.</SUBJECT> <P>(a) A judgment of conviction by a Federal court is conclusive in proceedings under this part concerning incidents described in 46 U.S.C. 7703, where acts or offenses forming the basis of the charges in the Federal court are the same.</P> <P>(b) Where the acts involved in a judgment of conviction of a State court are the same as those involved in proceedings under this part concerning incidents described in 46 U.S.C. 7703, the judgment of conviction is not conclusive of the issues decided. However, such judgment of conviction is admissible in evidence and constitutes substantial evidence adverse to the respondent.</P> <P>(c) The judgment of conviction for a dangerous drug law violation by a Federal or State court is conclusive in proceedings under this part. If as part of a state expungement scheme the respondent pleads guilty or no contest or is required by the court to attend <PRTPAGE P="65"/>classes, make contributions of time or money, receive treatment or submit to any manner of probation or supervision or forego appeal of the trial court finding, the respondent will be considered, for the purposes of 46 U.S.C. 7704, to have received a final conviction. A later expungement of the record will not be considered unless it is proved that the expungement is based on a showing that the court's earlier <E T="03">conviction</E> was in error.</P> <P>(d) The respondent may not challenge the jurisdiction of a Federal or State court in proceedings under 46 U.S.C. 7703 and 7704.</P> </SECTION> <SECTION> <SECTNO>§ 5.549</SECTNO> <SUBJECT>Admissibility of respondent's Coast Guard records prior to entry of findings and conclusions.</SUBJECT> <P>(a) The prior disciplinary record of the respondent is admissible when offered by the respondent.</P> <P>(b) In addition to the use of a judgment of conviction as provided in § 5.547, the prior record of the respondent, as defined in § 5.565, is admissible when offered by the investigating officer for the limited purposes of impeaching the credibility of evidence offered by the respondent regarding a disciplinary record.</P> </SECTION> <SECTION> <SECTNO>§ 5.551</SECTNO> <SUBJECT>Admissions by respondent.</SUBJECT> <P>No person shall be permitted to testify with respect to admissions made by the respondent during or in the course of an investigation under this part or part 4 of this title except for the purpose of impeachment.</P> </SECTION> <SECTION> <SECTNO>§ 5.553</SECTNO> <SUBJECT>Testimony by deposition.</SUBJECT> <P>(a) Testimony may be taken by deposition upon application of either party or upon the initiative of the Administrative Law Judge. The application of a party must be in writing and must contain the reasons for the deposition, the name and whereabouts of the witness and an approximate date, time and place for the deposition hearing. The applicant may request that it be by oral examination, or upon written interrogatories, or a combination thereof. The deposition may be taken before any person authorized to administer oaths.</P> <P>(b) Upon good cause appearing therefor, the Administrative Law Judge enters and serves upon the parties an order designating the person before whom the deposition is to be taken, together with such other information, directions and orders as will enable the person so designated to obtain the testimony of the deponent. The Administrative Law Judge issues a subpoena in accordance with subpart F of this part which, along with his order and a list of interrogatories and cross-interrogatories, if any, is forwarded to the person designated to take the deposition. This person shall have the subpoena served upon the witness.</P> <P>(c) The investigating officer and respondent and/or their representatives may attend the taking of a deposition.</P> <P>(d) After the deposition has been taken and transcribed it is presented to the witness for examination, correction and signature unless such a procedure is waived by the deponent, on the record. The person taking the deposition shall certify to the signature of the witness. If, for any reason, the deposition or interrogatory is not signed by the witness, the person taking the deposition shall recite (under oath) thereon the reason it is not signed.</P> <P>(e) A deposition upon oral examination may be taken by telephone conference upon such terms, conditions, and arrangements as are prescribed in the order of the Administrative Law Judge.</P> <P>(f) The testimony at a deposition hearing may be recorded on videotape, upon such terms, conditions, and arrangements as are prescribed in the order of the Administrative Law Judge, at the expense of the party requesting the recording. The video recording may be in conjunction with an oral examination by telephone conference held pursuant to paragraph (e) of this section. After the deposition has been taken, the person taking the deposition shall immediately seal the videotape in an envelope, attaching thereto a statement identifying the proceeding and the deponent and certifying as to the authenticity of the deposition, and return the videotape by accountable means to the Administrative Law Judge. Such deposition becomes a part of the record of proceedings in the <PRTPAGE P="66"/>same manner as a transcribed deposition. The videotape, if admitted in evidence, will be played during the hearing and transcribed into the record by the reporter.</P> <P>(g) The Administrative Law Judge rules on the admissibility of the deposition or any part thereof and on any objections.</P> </SECTION> <SECTION> <SECTNO>§ 5.555</SECTNO> <SUBJECT>Treatises.</SUBJECT> <P>(a) Treatises, periodicals, or pamphlets relating to nautical practices are admissible in evidence without the use of expert witnesses.</P> <P>(b) The Administrative Law Judge evaluates such materials based on the facts and circumstances of the case. The materials may not be considered conclusive of an issue.</P> </SECTION> <SECTION> <SECTNO>§ 5.557</SECTNO> <SUBJECT>Medical examination of respondent.</SUBJECT> <P>(a) In a hearing in which the physical or mental condition of the respondent is in controversy, the Administrative Law Judge may order the respondent to submit to a medical examination.</P> <P>(b) An examination ordered by an Administrative Law Judge will be conducted at government expense by a physician designated by the Administrative Law Judge.</P> <P>(c) If the respondent fails, or refuses, to submit to an ordered examination such failure is accorded due weight in determining the facts alleged in the specifications.</P> </SECTION> <SECTION> <SECTNO>§ 5.559</SECTNO> <SUBJECT>Argument.</SUBJECT> <P>After all the evidence has been presented, the investigating officer and the respondent may present oral or written argument.</P> </SECTION> <SECTION> <SECTNO>§ 5.561</SECTNO> <SUBJECT>Submission of proposed findings and conclusions.</SUBJECT> <P>The Administrative Law Judge affords the investigating officer and the respondent reasonable opportunity to submit proposed findings and conclusions with supporting reasons. If either desires to submit such matter, the Administrative Law Judge fixes the time within which it shall be filed. Failure to comply within the time fixed by the Administrative Law Judge shall be regarded as a waiver of the right.</P> </SECTION> <SECTION> <SECTNO>§ 5.563</SECTNO> <SUBJECT>Administrative Law Judge's findings and conclusions.</SUBJECT> <P>(a) The Administrative Law Judge renders ultimate findings and conclusions.</P> <P>(b) A separate conclusion is made by the Administrative Law Judge on each charge and specification. A specification may be found <E T="03">not proved, proved in part,</E> or <E T="03">proved.</E> A charge may be found <E T="03">not proved</E> or <E T="03">proved.</E> </P> <P>(c) The testimony and exhibits presented, together with all papers, requests, and rulings filed in the proceedings are the exclusive basis for the issuance of the Administrative Law Judge's findings and conclusions.</P> </SECTION> <SECTION> <SECTNO>§ 5.565</SECTNO> <SUBJECT>Submission of prior record and evidence in aggravation or mitigation.</SUBJECT> <P>(a) Except as provided in § 5.547 and § 5.549, the prior record of the respondent may not be disclosed to the Administrative Law Judge until after conclusions have been made as to each charge and specification, and then only if at least one charge has been found proved. The prior record must include only information concerning the respondent and is limited to the following items less than 10 years old:</P> <P>(1) Written warnings issued by Coast Guard investigating officers and accepted by the respondent;</P> <P>(2) Final agency action on Coast Guard suspension and revocation hearings wherein one or more charges was found proved;</P> <P>(3) Voluntary surrender agreements entered into by the respondent;</P> <P>(4) Any final judgments of conviction in State or Federal courts;</P> <P>(5) Final agency action resulting in civil penalties or warnings being imposed against the respondent in proceedings administered by the Coast Guard under 33 CFR 1.07; and,</P> <P>(6) Any official commendatory information concerning the respondent of which the investigating officer is aware.</P> <P>(b) The investigating officer may offer evidence and argument in aggravation of the charge or charges found proved.</P> <P>(c) The respondent is allowed to comment on or offer evidence regarding prior maritime service including the <PRTPAGE P="67"/>prior record introduced by the investigating officer and any commendatory information.</P> <P>(d) The respondent may offer evidence and argument in mitigation of the charge or charges found proved.</P> <P>(e) The investigating officer may offer evidence and argument in rebuttal of the evidence and argument introduced by the respondent in mitigation.</P> </SECTION> <SECTION> <SECTNO>§ 5.567</SECTNO> <SUBJECT>Order.</SUBJECT> <P>(a) The Administrative Law Judge enters an order which recites the disposition of the case. When a charge has been found <E T="03">not proved,</E> the order will state the charge is <E T="03">dismissed</E> with or without prejudice. When a charge is found <E T="03">proved,</E> the Administrative Law Judge may order an <E T="03">admonition, suspension</E> with or without probation, or <E T="03">revocation.</E> </P> <P>(b) The order is directed against all licenses, certificates or documents, except that in cases of negligence or professional incompetence, the order is made applicable to specific licenses, certificates or documents. If the Administrative Law Judge determines that the respondent is professionally incompetent in the grade of the license, certificate or document held, but is considered competent in a lower grade, the license, certificate or document may be revoked and the issuance of one of a lower grade ordered.</P> <P>(c) An order must specify whether the license, certificate or document affected is:</P> <P>(1) Revoked;</P> <P>(2) Suspended outright for a specified period after surrender;</P> <P>(3) Suspended for a specified period, but placed on probation for a specific period; or</P> <P>(4) Suspended outright for a specified period, followed by a specified period of suspension on probation.</P> <P>(d) The order will normally state, <E T="03">that the license, certificate or document is to be surrendered to the Coast Guard immediately,</E> if the order is one of revocation or includes a period of outright suspension. In cases involving special circumstances, the order may provide for surrender on a certain date.</P> <P>(e) The time of any period of outright suspension ordered does not commence until the license, certificate or document is surrendered to the Coast Guard. The time of any period of suspension on probation begins at the end of any period of outright suspension or the effective date of the order if there is no outright suspension.</P> </SECTION> <SECTION> <SECTNO>§ 5.569</SECTNO> <SUBJECT>Selection of an appropriate order.</SUBJECT> <P>(a) This section addresses orders in a general manner. The selection of an appropriate order is the responsibility of the Administrative Law Judge, subject to appeal and review. The investigating officer and the respondent may suggest an order and present argument in support of this suggestion during the presentation of aggravating or mitigating evidence.</P> <P>(b) Except for acts or offenses for which revocation is mandatory, factors which may affect the order include:</P> <P>(1) Remedial actions which have been undertaken independently by the respondent;</P> <P>(2) Prior record of the respondent, considering the period of time between prior acts and the act or offense for which presently charged is relevant; and</P> <P>(3) Evidence of mitigation or aggravation.</P> <P>(c) After an order of revocation is entered, the respondent will be given an opportunity to present relevant material on the record for subsequent consideration by the special board convened in the event an application is filed in accordance with subpart L of this part.</P> <P>(d) Table 5.569 is for the information and guidance of Administrative Law Judges and is intended to promote uniformity in orders rendered. This table should not affect the fair and impartial adjudication of each case on its individual facts and merits. The orders are expressed by a range, in months of outright suspension, considered appropriate for the particular act or offense prior to considering matters in mitigation or aggravation. For instance, without considering other factors, a period of two to four months outright suspension is considered appropriate for <E T="03">failure to obey a master's written instructions.</E> An order within the range would not be considered excessive. Mitigating or aggravating factors may <PRTPAGE P="68"/>make an order greater or less than the given range appropriate. Orders for repeat offenders will ordinarily be greater than those specified.</P> <GPOTABLE CDEF="s50,xs72" COLS="2" OPTS="L2,i1"> <TTITLE>Table 5.569—Suggested Range of an Appropriate Order</TTITLE> <BOXHD> <CHED H="1">Type of offense</CHED> <CHED H="1">Range of order (in months)</CHED> </BOXHD> <ROW> <ENT I="11">Misconduct:</ENT> </ROW> <ROW> <ENT I="02">Failure to obey master's/ship officer's order </ENT> <ENT>1-3.</ENT> </ROW> <ROW> <ENT I="02">Failure to comply with U.S. law or regulations </ENT> <ENT>1-3.</ENT> </ROW> <ROW> <ENT I="02">Possession of intoxicating liquor </ENT> <ENT>1-4.</ENT> </ROW> <ROW> <ENT I="02">Failure to obey master's written instruction </ENT> <ENT>2-4.</ENT> </ROW> <ROW> <ENT I="02">Improper performance of duties related to vessel safety </ENT> <ENT>2-5.</ENT> </ROW> <ROW> <ENT I="02">Failure to join vessel (required crew member) </ENT> <ENT>2-6.</ENT> </ROW> <ROW> <ENT I="02">Violent acts against other persons (without injury) </ENT> <ENT>2-6.</ENT> </ROW> <ROW> <ENT I="02">Failure to perform duties related to vessel safety </ENT> <ENT>3-6.</ENT> </ROW> <ROW> <ENT I="02">Theft </ENT> <ENT>3-6.</ENT> </ROW> <ROW> <ENT I="02">Violent acts against other persons (injury) </ENT> <ENT>4-Revocation.</ENT> </ROW> <ROW> <ENT I="02">Use, possession, or sale of dangerous drugs </ENT> <ENT>Revocation (Note: see § 5.59).</ENT> </ROW> <ROW> <ENT I="11">Negligence:</ENT> </ROW> <ROW> <ENT I="02">Negligently performing duties related to vessel navigation </ENT> <ENT>2-6.</ENT> </ROW> <ROW> <ENT I="02">Negligently performing non-navigational duties related to vessel safety </ENT> <ENT>1-3.</ENT> </ROW> <ROW> <ENT I="02">Neglect of vessel navigation duties </ENT> <ENT>3-6.</ENT> </ROW> <ROW> <ENT I="02">Neglect of non-navigational safety related duties </ENT> <ENT>2-4.</ENT> </ROW> <ROW> <ENT I="01">Incompetence </ENT> <ENT>The only proper order for a charge of incompetence found proved is revocation.</ENT> </ROW> <ROW> <ENT I="11">Violation of Regulation:</ENT> </ROW> <ROW> <ENT I="02">Refusal to provide specimens for required chemical test.</ENT> <ENT>12-24.</ENT> </ROW> <ROW> <ENT I="01">Dangerous drugs (46 U.S.C. 7704) </ENT> <ENT>The only proper order for a charge under 46 U.S.C. 7704 found proved is revocation.</ENT> </ROW> </GPOTABLE> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 86-067, 53 FR 47079, Nov. 21, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.571</SECTNO> <SUBJECT>Delivery of decision.</SUBJECT> <P>(a) Whenever possible, the Administrative Law Judge's decision is delivered in writing to the respondent or to the respondent's authorized representative at the final hearing session. If it is not possible for the Administrative Law Judge to deliver a complete written decision at the final session of the hearing, an oral decision is rendered on the record, with a written order prepared and served on the respondent or the respondent's authorized representative. The decision, including the order, is effective upon service of the written order.</P> <P>(b) If a complete written decision is not delivered at the final hearing session, the Administrative Law Judge prepares and has served on the respondent or the respondent's authorized representative a complete written decision within 30 days, when possible, after completion of the hearing. This delivery may be by personal service or certified mail, return receipt requested. The signed acknowledgment of personal service or the return receipt becomes a part of the hearing record.</P> <P>(c) As used in this section, the phrase, <E T="03">authorized representative</E> means any person who has been authorized by the respondent, as shown by the hearing record, to receive service and take an appeal on behalf of the respondent.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.573</SECTNO> <SUBJECT>Notification of right to appeal.</SUBJECT> <P>The respondent is advised by the Administrative Law Judge of the right to appeal in accordance with subpart J of this part.</P> </SECTION> <SECTION> <SECTNO>§ 5.577</SECTNO> <SUBJECT>Modification of Administrative Law Judge's decision and order.</SUBJECT> <P>(a) After an Administrative Law Judge renders the decision and order, it may be modified or changed pursuant to procedures set forth in paragraph (b) of this section, in subpart I of this part for reopening of hearings; in subpart J of this part for appeals; or in subpart K of this part for review of Administrative Law Judge's decision by the Commandant. In the absence of any such actions, the decision of the Administrative Law Judge is final.</P> <P>(b) When the proceeding is based on a conviction for a dangerous drug law violation, recision of the order affecting the license, certificate or document will not be granted, unless the applicant submits a specific court order to the effect that the conviction has been unconditionally set aside for all purposes. An order of revocation will not be rescinded as the result of any law which provides for a subsequent conditional setting aside, modification or <PRTPAGE P="69"/>expungement of the court conviction in the nature of granting of clemency or other relief after the conviction has become final, without regard to whether punishment was imposed.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Reopening of Hearings</HD> <SECTION> <SECTNO>§ 5.601</SECTNO> <SUBJECT>Petition to reopen hearing.</SUBJECT> <P>(a) A respondent may petition to reopen the hearing on the basis of newly discovered evidence or on the basis of being unable to present evidence due to the respondent's inability to appear at the hearing through no fault of the respondent and due to circumstances beyond the respondent's control.</P> <P>(b) The filing of a petition does not stay an existing order of the Administrative Law Judge. However, if filed within 30 days after the effective date of the Administrative Law Judge's decision, it will toll or defer the running of the 30-day statutory period of appeal as provided in subpart J of this part until the Administrative Law Judge has acted on the petition.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985; 50 FR 35228, Aug. 30, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.603</SECTNO> <SUBJECT>Procedures for submitting petition.</SUBJECT> <P>(a) The procedures for submitting a petition based on newly discovered evidence are as follows:</P> <P>(1) A petition to reopen the hearing may be submitted at any time prior to a final decision on appeal or within one year of the effective date of the Administrative Law Judge's decision.</P> <P>(2) If an appeal to the Commandant from the Administrative Law Judge's decision has not been filed, the petition must be addressed to the Administrative Law Judge. If an appeal to the Commandant has been filed, the petition must be submitted to the Commandant.</P> <P>(3) The petition must be in letter form, typewritten or written legibly, and shall contain:</P> <P>(i) The name of the petitioner, the number and description of the license, certificate and/or document involved, nature of the charge, the decision rendered including the order, and the name of the Administrative Law Judge who heard the case;</P> <P>(ii) A statement setting forth a description of the newly discovered evidence; and</P> <P>(iii) A statement as to whether or not this additional evidence was known to the petitioner at the time of the hearing, and reasons why the petitioner, with due diligence, could not have discovered such new evidence prior to the completion of the hearing.</P> <P>(b) The procedures for submitting a petition on the basis of inability to appear at the hearing are as follows:</P> <P>(1) A petition to reopen the hearing may be submitted within 30 days of the effective date of the Administrative Law Judge's decision.</P> <P>(2) If an appeal to the Commandant from the Administrative Law Judge's decision has not been filed, the petition must be addressed to the Administrative Law Judge. If an appeal to the Commandant has been filed, the petition must be submitted to the Commandant.</P> <P>(3) The petition must be in letter form, typewritten or written legibly, and shall contain:</P> <P>(i) The name of the petitioner, the number and description of the license, certificate and/or document involved, nature of the charge, the decision rendered including the order, and the name of the Administrative Law Judge who heard the case;</P> <P>(ii) A statement setting forth a description of the evidence the petitioner would have offered at the hearing; and</P> <P>(iii) A statement as to why the petitioner was unable to appear at the hearing including why the petitioner did not seek a change in the time or place for opening of the hearing.</P> </SECTION> <SECTION> <SECTNO>§ 5.605</SECTNO> <SUBJECT>Action on petition.</SUBJECT> <P>(a) The Administrative Law Judge, or Commandant, as appropriate, forwards a copy of the petition to the investigating officer. The investigating officer is afforded a reasonable time within which to submit written comments as to the merits of the petition.</P> <P>(b) The Administrative Law Judge, or the Commandant, renders a decision either granting or denying the petition. The decision on the petition will be based on a consideration of the petition, the record of the hearing, and the <PRTPAGE P="70"/>investigating officer's comments, if any.</P> <P>(c) If the Administrative Law Judge grants the petition, the hearing is reopened to allow the offer of the new evidence described in the petition.</P> <P>(d) If the Commandant grants the petition, the case is remanded to the Administrative Law Judge with directions to reopen the hearing.</P> <P>(e) When the petition is granted, the Administrative Law Judge withdraws the original decision and renders a new one based on the record of the original hearing and the new evidence received.</P> <P>(f) The petition, the investigating officer's comments, the Administrative Law Judge's or Commandant's decision on the petition, and the additional evidence will be appended to the original hearing record.</P> </SECTION> <SECTION> <SECTNO>§ 5.607</SECTNO> <SUBJECT>Appeal from action on petition.</SUBJECT> <P>(a) If the petition to reopen the hearing is denied by the Administrative Law Judge, the respondent may appeal to the Commandant within 30 days from the date of service of the denial of the petition. The review by the Commandant on this appeal will be limited to the issues raised by the petition. Other grounds on appeal must be in accordance with subpart J of this part.</P> <P>(b) If the petition to reopen the hearing is granted and a previous finding of <E T="03">proved</E> is affirmed by the Administrative Law Judge, the respondent may appeal the decision as provided for in subpart J of this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Appeals</HD> <SECTION> <SECTNO>§ 5.701</SECTNO> <SUBJECT>Appeals in general.</SUBJECT> <P>(a) A respondent against whom a finding of <E T="03">proved</E> has been rendered may appeal such decision to the Commandant.</P> <P>(b) The hearing transcript, together with all papers and exhibits filed, shall constitute the record for decision on appeal. The only matters which will be considered by the Commandant on the appeal are:</P> <P>(1) Rulings on motions or objections which were not waived during the proceedings;</P> <P>(2) Clear errors on the record;</P> <P>(3) Jurisdictional questions.</P> <P>(c) In the preparation of an appeal, the investigating officer's and the Administrative Law Judge's assistance to the appellant will extend only to the point of providing information as to the applicable regulations.</P> <P>(d) If the respondent requests a copy of the transcript in the notice of appeal and the hearing was recorded or transcribed at government expense, the transcript will be provided upon payment of the fees prescribed in 49 CFR 7.95. If the services of a government contractor were utilized, the transcript must be obtained under the provisions of 49 CFR 7.99.</P> </SECTION> <SECTION> <SECTNO>§ 5.703</SECTNO> <SUBJECT>Procedures for appeal.</SUBJECT> <P>(a) An appeal may be taken only by filing a written notice of appeal within 30 days after service of the complete written decision. This notice of appeal must be filed with the Administrative Law Judge who heard the case or with any Officer in Charge, Marine Inspection for forwarding to the Administrative Law Judge.</P> <P>(b) The notice of appeal must:</P> <P>(1) Be typewritten or written legibly;</P> <P>(2) Be addressed to the Commandant; and</P> <P>(3) Set forth the name of the appellant, the number and description of the license, certificate and/or document involved, and the name of the Administrative Law Judge who heard the case.</P> <P>(c) The completed appeal must be submitted to the Commandant, U.S. Coast Guard (G-MOA), 2100 2nd St. SW., Washington, DC, 20593 within sixty days after service of the complete written decision, or if a transcript was requested, within 60 days after receipt of the transcript. After this time has elapsed, anything received will not be considered as a part of the appeal record unless an extension of time has been granted in writing by the Commandant and the extended time limit has been met.</P> <P>(d) The appeal must contain a brief or memorandum setting forth legal and other authorities relied upon. All grounds for appeal or exceptions to the Administrative Law Judge's decision must be described with particularity.</P> <P>(e) No appeal will be accepted in the case of a revocation or outright suspension if the respondent has not complied <PRTPAGE P="71"/>with the order of the Administrative Law Judge to deposit the license or document with the Coast Guard.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.705</SECTNO> <SUBJECT>Action on appeal.</SUBJECT> <P>(a) The Commandant may affirm, reverse, alter, or modify the decision of the Administrative Law Judge, or may remand the case for further proceedings. The Decision of the Commandant on Appeal is the final agency action in the absence of a remand.</P> <P>(b) Failure to file a brief containing grounds and justification for relief sought on appeal of the Administrative Law Judge's decision will result in either:</P> <P>(1) Termination of the case by written notice to the appellant or appellant's counsel that the decision of the Administrative Law Judge constitutes the final agency action on the merits of the case; or</P> <P>(2) Consideration of the appeal on the merits of the case and publication of the Commandant's decision without prior notice to the appellant or appellant's counsel. This will only be done when some clear error appears in the record or when the case presents some novel policy consideration.</P> </SECTION> <SECTION> <SECTNO>§ 5.707</SECTNO> <SUBJECT>Stay of effect of decision and order of Administrative Law Judge on appeal to the Commandant; temporary license, certificate, or document.</SUBJECT> <P>(a) A person who has appealed from a decision suspending outright or revoking a license, certificate or document, except for revocation resulting from an offense enumerated in § 5.59, may file a written request for a temporary license, certificate or document. This request must be submitted to the Administrative Law Judge who presided over the case, or to any Officer in Charge, Marine Inspection for forwarding to the Administrative Law Judge.</P> <P>(b) Action on the request is taken by the Administrative Law Judge unless the hearing transcript has been forwarded to the Commandant, in which case, the request is forwarded to the Commandant for final action.</P> <P>(c) A determination as to the request will take into consideration whether the service of the individual is compatible with the requirements for safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant. A temporary document or license may be denied for that reason alone.</P> <P>(d) All temporary documents will provide that they expire not more than six months after issuance or upon service of the Commandant's decision on appeal, whichever occurs first. If a temporary document expires before the Commandant's decision is rendered, it may be renewed, if authorized by the Commandant.</P> <P>(e) If the request for a temporary document is denied by the Administrative Law Judge, the individual may appeal the denial, in writing, to the Commandant within 30 days after notification of such denial. Any decision by the Commandant to deny is the final agency action.</P> <P>(f) Copies of the temporary documents issued become a part of the record on appeal.</P> </SECTION> <SECTION> <SECTNO>§ 5.709</SECTNO> <SUBJECT>Appeal cases remanded for further proceedings.</SUBJECT> <P>(a) When the Commandant renders a decision remanding a case for further proceedings, the remand is directed to the Administrative Law Judge. If a reopening of the former hearing or a new hearing is necessary, the Administrative Law Judge notifies the investigating officer and the respondent and sets a date for the hearing.</P> <P>(b) If the hearing is reopened, the evidence in the prior hearing shall be evaluated together with the new evidence submitted.</P> <P>(c) In a new hearing, the evidence in the prior hearing may be used for purposes of impeachment. Evidence in the prior hearing may be stipulated as a part of the record of the new hearing.</P> <P>(d) The Administrative Law Judge renders either an entirely new decision or a decision incorporating by reference the original decision, as appropriate.</P> </SECTION> <SECTION> <PRTPAGE P="72"/> <SECTNO>§ 5.711</SECTNO> <SUBJECT>Commandant's Decisions on Appeal.</SUBJECT> <P>(a) The Commandant's Decisions on Appeal are the final agency action taken in appeals under the suspension and revocation proceedings provided by this part. These Decisions are issued seriatim and are public records.</P> <P>(b) The Commandant's Decisions on Appeal are available for reading purposes at Coast Guard Headquarters, Offices of District Commanders, and at Marine Safety Offices and Marine Inspection Offices. (See 33 CFR subpart 1.10.)</P> </SECTION> <SECTION> <SECTNO>§ 5.713</SECTNO> <SUBJECT>Appeals to the National Transportation Safety Board.</SUBJECT> <P>(a) The rules of procedure for appeals to the National Transportation Safety Board from decisions of the Commandant, U.S. Coast Guard, affirming orders of suspension or revocation of licenses, certificates, or documents are in 49 CFR part 825. These rules give the party adversely affected by the Commandant's decision 10 days after service upon him or his attorney of the Commandant's decision to file a notice of appeal with the Board.</P> <P>(b) In all cases under this part which are appealed to the National Transportation Safety Board under 49 CFR part 825, the Chief Counsel of the Coast Guard is designated as the representative of the Commandant for service of notices and appearances. Communications should be addressed to Commandant (G-L), U.S. Coast Guard, 2100 2nd St. SW., Washington, DC 20593.</P> <P>(c) In cases before the National Transportation Safety Board the Chief Counsel of the Coast Guard may be represented by others designated <E T="03">of counsel.</E> </P> </SECTION> <SECTION> <SECTNO>§ 5.715</SECTNO> <SUBJECT>Stay of effect of Decision of the Commandant on Appeal: Temporary document and/or license pending appeal to National Transportation Safety Board.</SUBJECT> <P>(a) A Decision of the Commandant on Appeal affirming an order of revocation, except a revocation resulting from an offense enumerated under § 5.59 or suspension that is not placed entirely on probation, which is appealed to the National Transportation Safety Board, may be stayed if, in the Commandant's opinion, the service of the appellant on board a vessel at that time or for the indefinite future would be compatible with the requirements of safety at sea and consistent with applicable laws. If one of the offenses enumerated in § 5.61(a) has been found proved, the continued service of the appellant will be presumed not compatible with safety at sea, subject to rebuttal by the appellant; in cases of offenses under § 5.61(a), a temporary document or license may be denied for that reason alone.</P> <P>(b) A stay of the effect of the Decision of the Commandant on Appeal may be granted by the Commandant upon application by the respondent filed with the notice served on the Commandant under 49 CFR 825.5(b).</P> <P>(c) An Officer in Charge, Marine Inspection, on presentation of an original stay order, issues a temporary document and/or license as specified in the stay order. This document is effective for not more than six months, renewable until such time as the National Transportation Safety Board has completed its review.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Review of Administrative Law Judge's Decisions in Cases Where Charges Have Been Found Proved</HD> <SECTION> <SECTNO>§ 5.801</SECTNO> <SUBJECT>Commandant's review.</SUBJECT> <P>Any decision of an Administrative Law Judge, in which there has been a finding of <E T="03">proved,</E> may be called up for review by the Commandant without procedural formality.</P> </SECTION> <SECTION> <SECTNO>§ 5.803</SECTNO> <SUBJECT>Record for decision on review.</SUBJECT> <P>The transcript of hearing, together with all papers and exhibits filed, shall constitute the record for consideration and review.</P> </SECTION> <SECTION> <SECTNO>§ 5.805</SECTNO> <SUBJECT>Action on review.</SUBJECT> <P>(a) The Commandant may adopt in whole or in part the findings, conclusions, and basis therefor stated by the Administrative Law Judge, may make entirely new findings on the record, or may remand the case to the Administrative Law Judge for further proceedings.<PRTPAGE P="73"/> </P> <P>(b) In no case will the review by the Commandant be followed by any order increasing the severity of the Administrative Law Judge's original order.</P> <P>(c) The Decision of the Commandant on Review, shall be the final agency action in the absence of a remand.</P> </SECTION> <SECTION> <SECTNO>§ 5.807</SECTNO> <SUBJECT>Commandant's Decision on Review.</SUBJECT> <P>The Commandant's Decisions on Review are available for reading purposes at Coast Guard Headquarters, at Offices of District Commanders, Marine Safety Offices and Marine Inspection Offices. (See 33 CFR subpart 1.10.)</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Issuance of New Licenses, Certificates or Documents After Revocation or Surrender</HD> <SECTION> <SECTNO>§ 5.901</SECTNO> <SUBJECT>Time limitations.</SUBJECT> <P>(a) Any person whose license, certificate or document has been revoked or surrendered for one or more of the offenses described in § 5.59 and § 5.61(a) may, three years after compliance with the Administrative Law Judge's decision and order or the date of voluntary surrender, apply for the issuance of a new license, certificate or document.</P> <P>(b) The three year time period may be waived by the Commandant upon a showing by the individual that, since the occurrence upon which the revocation or surrender was based, the individual has demonstrated his good character in the community for a period exceeding three years.</P> <P>(c) Any person whose license, certificate or document has been revoked or surrendered for one or more offenses which are not specifically described in §5.59 or § 5.61(a) may, after one year, apply for the issuance of a new license, certificate or document.</P> <P>(d) For a person whose license, certificate, or document has been revoked or surrendered for the wrongful simple possession or use of dangerous drugs, the three year time period may be waived by the Commandant upon a showing that the individual:</P> <P>(1) Has successfully completed a bona fide drug abuse rehabilitation program;</P> <P>(2) Has demonstrated complete non-association with dangerous drugs for a minimum of one year following completion of the rehabilitation program and;</P> <P>(3) Is actively participating in a bona fide drug abuse monitoring program.</P> <P>(e) For a person whose license, certificate or document has been revoked or surrendered for offenses related to alcohol abuse, the waiting period may be waived by the Commandant upon a showing that the individual has successfully completed a bona fide alcohol abuse rehabilitation program and is actively participating in a bona fide alcohol abuse monitoring program.</P> <P>(f) The waivers specified under subparagraphs (d) or (e) of this section may only be granted once to each person.</P> <CITA>[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by CGD 84-099, 52 FR 47535, Dec. 14, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 5.903</SECTNO> <SUBJECT>Application procedures.</SUBJECT> <P>(a) An application form for a new license, certificate or document may be obtained from any Officer in Charge, Marine Inspection.</P> <P>(b) The completed application and letter must be addressed to the Commandant, U.S. Coast Guard, 2100 2nd St. SW., Washington, DC 20593, and must be delivered in person to the nearest Officer in Charge, Marine Inspection.</P> <P>(c) The letter is an informal request for the issuance of a new license, certificate or document and should include the following:</P> <P>(1) A letter from each employer during the last three years attesting to the individual's work record;</P> <P>(2) Information supportive of rehabilitation or cure when the license, certificate or document was revoked because of incompetency or association with dangerous drugs; and</P> <P>(3) Any other information which may be helpful in arriving at a determination in the matter.</P> <P>(d) The Officer in Charge, Marine Inspection, forwards the letter and application, together with an evaluation and recommendation, to the Commandant.</P> </SECTION> <SECTION> <SECTNO>§ 5.905</SECTNO> <SUBJECT>Commandant's decision on application.</SUBJECT> <P>(a) The applicant's letter and application form, as well as the evaluation <PRTPAGE P="74"/>and recommendation, are referred to a special board appointed by the Commandant. The board examines all the material submitted with the application and such other information as may, in the judgment of the board, be considered appropriate. The board shall submit its findings and recommendation to the Commandant.</P> <P>(b) The Commandant shall determine whether or not a new license, certificate or document will be issued. The applicant will be notified by letter of such determination.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 6</EAR> <HD SOURCE="HED">PART 6—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS<E T="21"> 1</E> <FTREF/> </HD> <FTNT> <P> <E T="21"> 1</E> This is also codified in 33 CFR part 19.</P> </FTNT> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>6.01</SECTNO> <SUBJECT>Procedures for effecting individual waivers of navigation and vessel inspection laws and regulations.</SUBJECT> <SECTNO>6.04</SECTNO> <SUBJECT>Vessels requisitioned by the United States for emergency evacuation.</SUBJECT> <SECTNO>6.06</SECTNO> <SUBJECT>Vessels operated by or chartered to Military Sealift Command.</SUBJECT> <SECTNO>6.07</SECTNO> <SUBJECT>Chronological record of seaman's previous employment.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1); 49 CFR 1.46.</P> </AUTH> <SECTION> <SECTNO>§ 6.01</SECTNO> <SUBJECT>Procedures for effecting individual waivers of navigation and vessel inspection laws and regulations.</SUBJECT> <P>(a) It is hereby found necessary in the interest of national defense to waive compliance with the navigation and vessel inspection laws administered by the Coast Guard, as well as the regulations issued thereunder and published in 33 CFR chapter I or in this chapter, to the extent and in the manner and upon the terms and conditions as set forth in this section.</P> <P>(b) An application requesting that a waiver be made effective with respect to a particular vessel may be made by any authorized representative of an agency of the United States Government or any other interested person (including the master, agent, or owner of the vessel involved). Except as provided in paragraph (d) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where such facilities have been established. Every application shall contain a statement of the particular provisions of law with respect to which waiver of compliance is requested, a certification that the waiver of compliance with such laws with respect to the vessel involved is necessary in the interest of national defense and, an outline of the facts upon which such certification is based. The Coast Guard District Commander (or his designated representative or the designated representative of the Commandant, as the case may be) shall promptly examine every application for the purpose of determining whether the necessity for prompt action is such as to require that the waiver be made effective by him without reference to the Commandant. In any case in which it appears to the Coast Guard officer concerned that reference of the application to the Commandant for action would not delay the sailing of the vessel or otherwise be contrary to the interest of national defense, the application shall be so referred. In all other cases such Coast Guard officer shall give immediate consideration to the application and if he reaches the conclusion that the urgency of the situation outweighs the marine hazard involved, then such waiver shall be made effective in regard to such vessel to the extent and under the circumstances specified by him.</P> <P>(c) The Coast Guard officer making such a waiver effective pursuant to paragraph (b) of this section shall immediately prepare, in triplicate, an order setting forth the name of the vessel involved, the laws (also regulations, if any) with respect to which the waiver is effective, the extent to which compliance with such laws (also regulations, if any) is waived, and the period for which the waiver shall be effective. If practicable, one copy of this <PRTPAGE P="75"/>order shall be delivered to the master of the vessel involved before such vessel sails. In any case where the order is not delivered to the master, it shall be delivered to the owner, operator, or agent of the vessel without delay. One copy of the order shall be transmitted to the Commandant and the remaining copy kept on file.</P> <P>(d) In any case of extreme urgency the application for a waiver may be made orally and if the Coast Guard District Commander (or his designated representative or the designated representative of the Commandant, as the case may be) reaches the conclusion referred to in paragraph (b) of this section, the waiver shall be made effective without further delay, subject to the condition that the application be reduced to writing and delivered within such period after the date of the oral request as the Coast Guard officer making the waiver effective shall specify in the order.</P> <P>(e) No penalty shall be imposed because of failure to comply with any provision of law (or regulation, if any), the waiver of which has been made effective pursuant to the requirements in this section.</P> <CITA>[CGFR 51-10, 16 FR 1959, Mar. 1, 1951. Redesignated by CGFR 69-123, 34 FR 19076, Dec. 2, 1969; CGD 96-041, 61 FR 50726, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 6.04</SECTNO> <SUBJECT>Vessels requisitioned by the United States for emergency evacuation.</SUBJECT> <P>Pursuant to the request of the Acting Secretary of Defense, dated November 21, 1951, made under the provisions of section 1 of Public Law 891, 81st Congress, approved December 27, 1950, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard is hereby waived, as well as the regulations issued thereunder and published in 33 CFR chapter I or in this chapter, to the extent necessary to permit the operation of vessels which might be requisitioned by the United States for the purpose of emergency evacuation.</P> <CITA>[CGFR 51-61, 16 FR 12792, Dec. 20, 1951. Redesignated by CGFR 69-123, 34 FR 19076, Dec. 2, 1969]</CITA> </SECTION> <SECTION> <SECTNO>§ 6.06</SECTNO> <SUBJECT>Vessels operated by or chartered to Military Sealift Command.</SUBJECT> <P>(a) Pursuant to the request of the Deputy Secretary of Defense, dated August 6, 1958, and to the request of the Assistant Secretary of Defense, Installations and Logistics, dated May 23, 1964, made under the provisions of section 1 of Public Law 891, 81st Congress, approved December 27, 1950 (64 Stat. 1120; 46 U.S.C., note preceding section 1), and their findings that a waiver is necessary in the interest of national defense, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard, as well as the regulations issued thereunder and contained in 33 CFR chapter I, or in this chapter, is hereby waived to the extent and upon the terms and conditions as set forth in this section, in order to permit vessels operated by or chartered to the Military Sealift Command to carry out their assigned missions.</P> <P>(b) An application requesting that this waiver be made effective with respect to a particular vessel may be made by the Commander, Military Sealift Command, or any one of his duly designated representatives. Except as provided in paragraph (e) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where such facilities have been established, or to the Commandant (G-MOC), U.S. Coast Guard, Washington, DC 20593-0001. Every application shall:</P> <P>(1) Describe the laws and/or regulations by appropriate references and/or subjects with respect to which the waiver of compliance is desired;</P> <P>(2) Contain a certification that the waiver of compliance with such laws and/or regulations with respect to the <PRTPAGE P="76"/>vessel involved is necessary in the interest of national defense and is necessary for the Military Sea Transportation Service to carry out an assigned mission;</P> <P>(3) The name and official number of the vessel involved (including the names of master, agent, and owner of the vessel involved); and,</P> <P>(4) For how long the waiver is needed.</P> <P>(c) The Coast Guard officer making the waiver in paragraph (a) of this section effective for a particular vessel shall immediately prepare, in quadruplicate, an order setting forth:</P> <P>(1) The name and official number of the vessel involved;</P> <P>(2) The laws and/or regulations with respect to which the waiver is effective;</P> <P>(3) The extent to which compliance with such laws and/or regulations is waived; and,</P> <P>(4) The period for which the waiver shall be effective.</P> <P>(d) If practicable, one copy of this waiver order shall be delivered to the master of the vessel involved before such vessel sails. In any case where the waiver order is not delivered to the master, it shall be delivered to the owner, operator, or agent of the vessel without delay. One copy of the waiver order shall be delivered to the Commander, Military Sealift Command, or his duly designated representative, who submitted the application. One copy of the waiver order shall be transmitted to the Commandant (G-MOC) and the remaining copy kept on file.</P> <P>(e) In any case of extreme urgency, the application for a waiver order may be made orally and if the Coast Guard District Commander (or his designated representative, or the designated representative of the Commandant, or the Commandant, as the case may be), determines that the conditions in this section have been met, the waiver order shall be made effective without further delay, subject to the condition that the application be reduced to writing and delivered within such period after the date of the oral request as the Coast Guard officer making the waiver effective shall specify in the confirming written waiver order.</P> <P>(f) No penalty shall be imposed because of failure to comply with any provision of law and/or regulation, the waiver of which has been made effective pursuant to the requirements of this section.</P> <P>(g) This waiver order shall remain in effect until terminated by proper authority and notice of cancellation is published in the <E T="04">Federal Register.</E> </P> <CITA>[CGFR 64-86, 30 FR 89, Jan. 6, 1965. Redesignated by CGFR 69-123, 34 FR 19076, Dec. 2, 1969, and amended by CGD 88-070, 53 FR 34533, Sept. 7, 1988; CGD 88-070, 54 FR 3038, Jan. 23, 1989; CGD 95-072, 60 FR 50459, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 6.07</SECTNO> <SUBJECT>Chronological record of seaman's previous employment.</SUBJECT> <P>(a) Compliance is hereby waived with regard to the provisions of 46 U.S.C. 10311(c), to the extent necessary to permit the Commandant of the United States Coast Guard to issue a chronological record of a seaman's previous employment on a single document, in lieu of making individual entry in a duplicate continuous discharge book or furnishing individual certificates of discharge.</P> <P>(b) It is hereby found that the waiving of the provisions of 46 U.S.C. 10311(c), is necessary in the interest of national defense.</P> <CITA>[CGFR 51-9, 16 FR 1830, Feb. 27, 1951, as amended by CGFR 59-4a, 24 FR 3055, Apr. 21, 1959. Redesignated by CGFR 69-123, 34 FR 19076, Dec. 2, 1969, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 7</EAR> <HD SOURCE="HED">PART 7—BOUNDARY LINES</HD> <CONTENTS> <SUBJGRP> <HD SOURCE="HED">General</HD> <SECHD>Sec.</SECHD> <SECTNO>7.1</SECTNO> <SUBJECT>General purpose of boundary lines.</SUBJECT> <SECTNO>7.5</SECTNO> <SUBJECT>Rules for establishing boundary lines.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Atlantic Coast</HD> <SECTNO>7.10</SECTNO> <SUBJECT>Eastport, ME to Cape Ann, MA.</SUBJECT> <SECTNO>7.15</SECTNO> <SUBJECT>Massachusetts Bay, MA.</SUBJECT> <SECTNO>7.20</SECTNO> <SUBJECT>Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, MA, Block Island Sound and easterly entrance to Long Island Sound, NY.</SUBJECT> <SECTNO>7.25</SECTNO> <SUBJECT>Montauk Point, NY to Atlantic Beach, NY.</SUBJECT> <SECTNO>7.30</SECTNO> <SUBJECT>New York Harbor, NY.</SUBJECT> <SECTNO>7.35</SECTNO> <SUBJECT>Sandy Hook, NJ to Cape May, NJ.</SUBJECT> <SECTNO>7.40</SECTNO> <SUBJECT>Delaware Bay and tributaries.</SUBJECT> <SECTNO>7.45</SECTNO> <SUBJECT>Cape Henlopen, DE to Cape Charles, VA.</SUBJECT> <SECTNO>7.50</SECTNO> <SUBJECT>Chesapeake Bay and tributaries.</SUBJECT> <SECTNO>7.55</SECTNO> <SUBJECT>Cape Henry, VA to Cape Fear, NC.<PRTPAGE P="77"/> </SUBJECT> <SECTNO>7.60</SECTNO> <SUBJECT>Cape Fear, NC to Sullivans Island, SC.</SUBJECT> <SECTNO>7.65</SECTNO> <SUBJECT>Charleston Harbor, SC.</SUBJECT> <SECTNO>7.70</SECTNO> <SUBJECT>Folly Island, SC to Hilton Head Island, SC.</SUBJECT> <SECTNO>7.75</SECTNO> <SUBJECT>Savannah River/Tybee Roads.</SUBJECT> <SECTNO>7.80</SECTNO> <SUBJECT>Tybee Island, GA to St. Simons Island, GA.</SUBJECT> <SECTNO>7.85</SECTNO> <SUBJECT>St. Simons Island, GA to Little Talbot Island, FL.</SUBJECT> <SECTNO>7.90</SECTNO> <SUBJECT>St. Johns River, FL.</SUBJECT> <SECTNO>7.95</SECTNO> <SUBJECT>St. Johns Point, FL to Miami Beach, FL.</SUBJECT> <SECTNO>7.100</SECTNO> <SUBJECT>Florida Reefs and Keys from Miami, FL to Marquesas Keys, FL.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Gulf Coast</HD> <SECTNO>7.105</SECTNO> <SUBJECT>Marquesas Keys, FL to Rio Grande, TX.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Hawaii</HD> <SECTNO>7.110</SECTNO> <SUBJECT>Mamala Bay, HI.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Pacific Coast</HD> <SECTNO>7.115</SECTNO> <SUBJECT>Santa Catalina Island, CA.</SUBJECT> <SECTNO>7.120</SECTNO> <SUBJECT>Mexican/United States border to Point Fermin, CA.</SUBJECT> <SECTNO>7.125</SECTNO> <SUBJECT>Point Vincente, CA to Point Conception, CA.</SUBJECT> <SECTNO>7.130</SECTNO> <SUBJECT>Point Conception, CA to Point Sur, CA.</SUBJECT> <SECTNO>7.135</SECTNO> <SUBJECT>Point Sur, CA to Cape Blanco, OR.</SUBJECT> <SECTNO>7.140</SECTNO> <SUBJECT>Cape Blanco, OR to Cape Flattery, WA.</SUBJECT> <SECTNO>7.145</SECTNO> <SUBJECT>Strait of Juan de Fuca, Haro Strait and Strait of Georgia, WA.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Alaska</HD> <SECTNO>7.150</SECTNO> <SUBJECT>Canadian (BC) and United States (AK) Borders to Cape Spencer, AK.</SUBJECT> <SECTNO>7.155</SECTNO> <SUBJECT>Cape Spencer, AK to Cape St. Elias, AK.</SUBJECT> <SECTNO>7.160</SECTNO> <SUBJECT>Point Whitshed, AK to Aialik Cape, AK.</SUBJECT> <SECTNO>7.165</SECTNO> <SUBJECT>Kenai Peninsula, AK to Kodiak Island, AK.</SUBJECT> <SECTNO>7.170</SECTNO> <SUBJECT>Alaska Peninsula, AK to Aleutian Islands, AK.</SUBJECT> <SECTNO>7.175</SECTNO> <SUBJECT>Alaska Peninsula, AK to Nunivak, AK.</SUBJECT> <SECTNO>7.180</SECTNO> <SUBJECT>Kotzebue Sound, AK.</SUBJECT> </SUBJGRP> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>14 U.S.C. 633; 33 U.S.C. 151; 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 81-058, 50 FR 25230, June 18, 1985, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">General</HD> <SECTION> <SECTNO>§ 7.1</SECTNO> <SUBJECT>General purpose of boundary lines.</SUBJECT> <P>The lines in this part delineate the application of the following U.S. statutes: 33 U.S.C. 152 relating to the length of towing hawsers; 33 U.S.C. 1201 <E T="03">et seq.</E>, the Vessel Bridge-to-Bridge Radiotelephone Act; 46 U.S.C. 5102(b)(6), which exempt from load line requirements certain vessels on domestic voyages; 46 U.S.C. 3301(6) requiring the inspection of seagoing barges which are defined in 46 U.S.C. 2101(32); 46 U.S.C. 3301(7) requiring the inspection of seagoing motor vessels which are defined in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d) which exempts from inspection requirements certain vessels under 150 gross tons that operate within the waters of southeastern Alaska and the State of Washington; and 46 U.S.C. 8304, “Implementing the Officers’ Competency Certificates Convention, 1936.”</P> <CITA>[CGD 81-058, 50 FR 25230, June 18, 1985, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 7.5</SECTNO> <SUBJECT>Rules for establishing boundary lines.</SUBJECT> <P>(a) For application of the Vessel Bridge-to-Bridge Radiotelephone Act, 33 U.S.C. 1201 <E T="03">et seq.</E>, the line is 3 miles seaward of the baseline from which the territorial sea is measured.</P> <P>(b) Barges of 100 gross tons and over operating on the sheltered waters of British Columbia as defined in the United States-Canada treaty of 1933 (49 Stat. 2685, TS 869) are not required to be inspected as seagoing barges under 46 U.S.C. 3301.</P> <P>(c) Except as otherwise described in this part, Boundary Lines are lines drawn following the general trend of the seaward, highwater shorelines and lines continuing the general trend of the seaward, highwater shorelines across entrances to small bays, inlets and rivers.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Atlantic Coast</HD> <SECTION> <SECTNO>§ 7.10</SECTNO> <SUBJECT>Eastport, ME to Cape Ann, MA.</SUBJECT> <P>(a) A line drawn from the easternmost extremity of Kendall Head to latitude 44°54′45<E T="61">″</E> N. longitude 66°58′30<E T="61">″</E> W.; thence to the range marker located in approximate position latitude 44°51′45<E T="61">″</E> N. longitude 66°59<E T="61">″</E> W.</P> <P>(b) A line drawn from West Quoddy Head Light to latitude 44°48.5′ N. longitude 66°56.4′ W. (Sail Rock Lighted Whistle Buoy “1”); thence to latitude 44°37.5′ N. longitude 67°09.8′ W. (Little River Lighted Whistle Buoy “2LR”); thence to latitude 44°14.5′ N. longitude <PRTPAGE P="78"/>67°57.2′ W. (Frenchman Bay Approach Lighted Whistle Buoy “FB”); thence to Mount Desert Light; thence to Matinicus Rock Light; thence to Monhegan Island Light; thence to latitude 43°31.6′ N. longitude 70°05.5′ W. (Portland Lighted Horn Buoy “P”); thence to Boon Island Light; thence to latitude 42°37.9′ N. longitude 70°31.2′ W. (Cape Ann Lighted Whistle Buoy “2”).</P> </SECTION> <SECTION> <SECTNO>§ 7.15</SECTNO> <SUBJECT>Massachusetts Bay, MA.</SUBJECT> <P>A line drawn from latitude 42°37.9′ N. longitude 70°31.2′ W. (Cape Ann Lighted Whistle Buoy “2”) to latitude 42°22.7′ N. longitude 70°47.0′ W. (Boston Lighted Horn Buoy “B”); thence to Race Point Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.20</SECTNO> <SUBJECT>Nantucket Sound, Vineyard Sound, Buzzards Bay, Narragansett Bay, MA, Block Island Sound and easterly entrance to Long Island Sound, NY.</SUBJECT> <P>(a) A line drawn from Chatham Light to latitude 41°36.1′ N. longitude 69°51.1′ W. (Pollack Rip Entrance Lighted Horn Buoy “PR”); thence to latitude 41°26.0′ N. longitude 69°46.2′ W. (Great Round Shoal Channel Lighted Buoy “2”); thence to Sankaty Head Light.</P> <P>(b) A line drawn from the westernmost extremity of Nantucket Island to the southwesternmost extremity of Wasque Point, Chappaquiddick Island.</P> <P>(c) A line drawn from Gay Head Light to Block Island Southeast Light; thence to Montauk Point Light on the easterly end of Long Island.</P> </SECTION> <SECTION> <SECTNO>§ 7.25</SECTNO> <SUBJECT>Montauk Point, NY to Atlantic Beach, NY.</SUBJECT> <P>(a) A line drawn from Shinnecock East Breakwater Light to Shinnecock West Breakwater Light.</P> <P>(b) A line drawn from Moriches Inlet East Breakwater Light to Moriches Inlet West Breakwater Light.</P> <P>(c) A line drawn from Fire Island Inlet Breakwater Light 348° true to the southernmost extremity of the spit of land at the western end of Oak Beach.</P> <P>(d) A line drawn from Jones Inlet Light 322° true across the southwest tangent of the island on the north side of Jones Inlet to the shoreline.</P> </SECTION> <SECTION> <SECTNO>§ 7.30</SECTNO> <SUBJECT>New York Harbor, NY.</SUBJECT> <P>A line drawn from East Rockaway Inlet Breakwater Light to Ambrose Light; thence to Highlands Light (north tower).</P> </SECTION> <SECTION> <SECTNO>§ 7.35</SECTNO> <SUBJECT>Sandy Hook, NJ to Cape May, NJ.</SUBJECT> <P>(a) A line drawn from Shark River Inlet North Breakwater Light “2” to Shark River Inlet South Breakwater Light “1”.</P> <P>(b) A line drawn from Manasquan Inlet North Breakwater Light to Manasquan Inlet South Breakwater Light.</P> <P>(c) A line drawn along the submerged Barnegat Inlet North Breakwater to Barnegat Inlet North Breakwater Light “2”; thence to Barnegat Inlet Light “5”; thence along the submerged Barnegat Inlet South Breakwater to shore.</P> <P>(d) A line drawn from the seaward tangent of Long Beach Island to the seaward tangent of Pullen Island across Beach Haven and Little Egg Inlets.</P> <P>(e) A line drawn from the seaward tangent of Pullen Island to the seaward tangent of Brigantine Island across Brigantine Inlet.</P> <P>(f) A line drawn from the seaward extremity of Absecon Inlet North Jetty to Atlantic City Light.</P> <P>(g) A line drawn from the southernmost point of Longport at latitude 39°18.2′ N. longitude 74°32.2′ W. to the northeasternmost point of Ocean City at latitude 39°17.6′ N. longitude 74°33.1′ W. across Great Egg Harbor Inlet.</P> <P>(h) A line drawn parallel with the general trend of the seaward, highwater shoreline across Corson Inlet.</P> <P>(i) A line formed by the centerline of the Townsend Inlet Highway Bridge.</P> <P>(j) A line formed by the shoreline of Seven Mile Beach and Hereford Inlet Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.40</SECTNO> <SUBJECT>Delaware Bay and tributaries.</SUBJECT> <P>A line drawn from Cape May Inlet East Jetty Light to latitude 38°55.8′ N. longitude 74°51.4′ W. (Cape May Harbor Inlet Lighted Bell Buoy “2CM”); thence to latitude 38°48.9′ N. longitude 75°02.3′ W. (Delaware Bay Entrance Channel Lighted Buoy “8”); thence to <PRTPAGE P="79"/>the northernmost extremity of Cape Henlopen.</P> </SECTION> <SECTION> <SECTNO>§ 7.45</SECTNO> <SUBJECT>Cape Henlopen, DE to Cape Charles, VA.</SUBJECT> <P>(a) A line drawn from the easternmost extremity of Indian River Inlet North Jetty to latitude 38°36.5′ N. longitude 75°02.8′ W. (Indian River Inlet Lighted Gong Buoy “1”); thence to Indian River Inlet South Jetty Light.</P> <P>(b) A line drawn from Ocean City Inlet Light “6” to latitude 38°19.4′ N. longitude 75°05.0′ W. (Ocean City Inlet Entrance Lighted Buoy “4”); thence to latitude 38°19.3′ N. longitude 75°05.1′ W. (Ocean City Inlet Entrance Lighted Buoy “5”); thence to the easternmost extremity of the south breakwater.</P> <P>(c) A line drawn from Assateague Beach Tower Light to latitude 37°50.2′ N. longitude 75°24.9′ W. (Chincoteague Inlet Lighted Bell Buoy “CI”); thence to the tower charted at latitude 37°52.6′ N. longitude 75°26.7′ W.</P> <P>(d) A line drawn from the southernmost extremity of Cedar Island to latitude 37°34.7′ N. longitude 75°36.0′ W. (Wachapreague Inlet Entrance Lighted Buoy “1”); thence due south to shore at Parramore Beach.</P> <P>(e) A line drawn from the seaward tangent of Parramore Beach to the lookout tower on the northern end of Hog Island chartered in approximate position latitude 37°27.2′ N. longitude 75°40.5′ W.</P> </SECTION> <SECTION> <SECTNO>§ 7.50</SECTNO> <SUBJECT>Chesapeake Bay and tributaries.</SUBJECT> <P>A line drawn from Cape Charles Light to latitude 36°56.8′ N. longitude 75°55.1′ W. (North Chesapeake Entrance Lighted Gong Buoy “NCD”); thence to latitude 36°54.8′ N. longitude 75°55.6′ W. (Chesapeake Bay Entrance Lighted Bell Buoy “CBC”); thence to latitude 36°55.0′ N. longitude 75°58.0′ W. (Cape Henry Buoy “1”); thence to Cape Henry Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.55</SECTNO> <SUBJECT>Cape Henry, VA to Cape Fear, NC.</SUBJECT> <P>(a) A line drawn from Rudee Inlet Jetty Light “2” to latitude 36°50′ N. longitude 75°56.7′ W.; thence to Rudee Inlet Jetty Light “1”.</P> <P>(b) A line drawn from Bodie Island Light to latitude 35°49.3′ N. longitude 75°31.9′ W. (Oregon Inlet Approach Lighted Whistle Buoy “OI”); thence to Oregon Inlet Radiobeacon.</P> <P>(c) A line drawn from Hatteras Inlet Light 255° true to the eastern end of Ocracoke Island.</P> <P>(d) A line drawn from the westernmost extremity of Ocracoke Island at latitude 35°04′ N. longitude 76°00.8′ W. to the northeasternmost extremity of Portsmouth Island at latitude 35°03.7′ N. longitude 76°02.3′ W.</P> <P>(e) A line drawn across Drum Inlet parallel with the general trend of the seaward, highwater shoreline.</P> <P>(f) A line drawn from the southernmost extremity of Cape Lookout to latitude 34°38.4′ N. longitude 76°40.6′ W. (Beaufort Inlet Lighted Bell Buoy “2BI”); thence to the seaward extremity of the Beaufort Inlet west jetty.</P> <P>(g) A line drawn from the seaward extremity of Masonboro Inlet north jetty to latitude 34°10.3′ N. longitude 77°48.0′ W. (Masonboro Inlet Lighted Whistle Buoy “A”); thence to the beach in approximate position latitude 34°10′ N. longitude 77°49.4′ W.</P> </SECTION> <SECTION> <SECTNO>§ 7.60</SECTNO> <SUBJECT>Cape Fear, NC to Sullivans Island, SC.</SUBJECT> <P>(a) A line drawn from the southernmost extremity to Cape Fear to latitude 33°49.5′ N. longitude 78°03.7′ W. (Cape Fear River Entrance Lighted Bell Buoy “2CF”); thence to Oak Island Light.</P> <P>(b) A line drawn from the southernmost extremity of Bird Island at approximate position latitude 33°51.2′ N. longitude 78°32.6′ W. to latitude 33°50.3′ N. longitude 78°32.5′ W. (Little River Inlet Entrance Lighted Whistle Buoy “2LR”); thence to the northeasternmost extremity of Waties Island at approximate position latitude 33°51.2′ N. longitude 78°33.6′ W.</P> <P>(c) A line drawn from the seaward extremity of Murrells Inlet north jetty to latitude 33°31.5′ N. longitude 79°01.6′ W. (Murrells Inlet Lighted Bell Buoy “MI”); thence to Murrells Inlet South Jetty Light.</P> <P>(d) A line drawn from Georgetown Light to latitude 33°11.6′ N. longitude 79°05.4′ W. (Winyah Bay Lighted Bell Buoy “2WB”); thence to the southernmost extremity of Sand Island.</P> </SECTION> <SECTION> <PRTPAGE P="80"/> <SECTNO>§ 7.65</SECTNO> <SUBJECT>Charleston Harbor, SC.</SUBJECT> <P>A line drawn from Charleston Light on Sullivans Island to latitude 32°40.7′ N. longitude 79°42.9′ W. (Charleston Lighted Whistle Buoy “2C”); thence to Folly Island Loran Tower (latitude 32°41.0′ N. longitude 79°53.2′ W.).</P> </SECTION> <SECTION> <SECTNO>§ 7.70</SECTNO> <SUBJECT>Folly Island, SC to Hilton Head Island, SC.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Folly Island to latitude 32°35′ N. longitude 79°58.2′ W. (Stono Inlet Lighted Whistle Buoy “1S”); thence to Kiawah Island bearing approximately 307° true.</P> <P>(b) A line drawn from the southernmost extremity of Kiawah Island to latitude 32°31′ N. longitude 80°07.8′ W. (North Edisto River Entrance Lighted Whistle Buoy “2NE”); thence to Botany Bay Island in approximate position latitude 32°33.1′ N. longitude 80°12.7′ W.</P> <P>(c) A line drawn from the microwave antenna tower on Edisto Beach charted in approximate position latitude 32°29.3′ N. longitude 80°19.2′ W. across St. Helena Sound to the abandoned lighthouse tower on Hunting Island charted in approximate position latitude 32°22.5′ N. longitude 80°26.5′ W.</P> <P>(d) A line drawn from the abandoned lighthouse on Hunting Island in approximate position latitude 32°22.5′ N. longitude 80°26.2′ W. to latitude 32°18′ N. longitude 80°25′ W.; thence to the standpipe on Fripp Island in approximate position latitude 32°19′ N. longitude 80°28.7′ W.</P> <P>(e) A line drawn from the westernmost extremity of Bull Point on Capers Island to latitude 32°04.8′ N. longitude 80°34.9′ W. (Port Royal Sound Lighted Whistle Buoy “2PR”); thence to the easternmost extremity of Hilton Head at latitude 32°13.2′ N. longitude 80°40.1′ W.</P> </SECTION> <SECTION> <SECTNO>§ 7.75</SECTNO> <SUBJECT>Savannah River/Tybee Roads.</SUBJECT> <P>A line drawn from the southwesternmost extremity of Braddock Point to latitude 31°58.3′ N. longitude 80°44.1′ W. (Tybee Lighted Whistle Buoy “T”); thence to the southeasternmost extremity of Little Tybee Island bearing approximately 269° true.</P> </SECTION> <SECTION> <SECTNO>§ 7.80</SECTNO> <SUBJECT>Tybee Island, GA to St. Simons Island, GA.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Savannah Beach on Tybee Island 255° true across Tybee Inlet to the shore of Little Tybee Island south of the entrance to Buck Hammock Creek.</P> <P>(b) A line drawn from the southernmost extremity of Little Tybee Island at Beach Hammock to the easternmost extremity of Wassaw Island.</P> <P>(c) A line drawn from Wassaw Island in approximate position latitude 31°52.5′ N. longitude 80°58.5′ W. to latitude 31°48.3′ N. longitude 80°56.8′ W. (Ossabaw Sound North Channel Buoy “OS”); thence to latitude 31°39.3′ N. longitude 81°02.3′ W. (St. Catherines Sound Buoy “St. C.”); thence to latitude 31°31.2′ N. longitude 81°03.8′ W. (Sapelo Sound Buoy “S”); thence to the easternmost extremity of Blackbeard Island at Northeast Point.</P> <P>(d) A line drawn from the southernmost extremity of Blackbeard Island to latitude 31°19.4′ N. longitude 81°11.5′ W. (Doboy Sound Lighted Buoy “D”); thence to latitude 31°04.1′ N. longitude 81°16.7′ W. (St. Simons Lighted Whistle Buoy “ST S”).</P> </SECTION> <SECTION> <SECTNO>§ 7.85</SECTNO> <SUBJECT>St. Simons Island, GA to Little Talbot Island, FL.</SUBJECT> <P>(a) A line drawn from latitude 31°04.1′ N. longitude 81°16.7′ W. (St. Simons Lighted Whistle Buoy “ST S”) to latitude 30°42.7′ N. longitude 81°19.0′ W. (St. Mary's Entrance Lighted Whistle Buoy “1”); thence to Amelia Island Light.</P> <P>(b) A line drawn from the southernmost extremity of Amelia Island to latitude 30°29.4′ N. longitude 81°22.9′ W. (Nassau Sound Approach Buoy “6A”); thence to the northeasternmost extremity of Little Talbot Island.</P> </SECTION> <SECTION> <SECTNO>§ 7.90</SECTNO> <SUBJECT>St. Johns River, FL.</SUBJECT> <P>A line drawn from the southeasternmost extremity of Little Talbot (Spike) Island to latitude 30°23.8′ N. longitude 81°20.3′ W. (St. Johns Lighted Whistle Buoy “2 STJ”); thence to St. Johns Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.95</SECTNO> <SUBJECT>St. Johns Point, FL to Miami Beach, FL.</SUBJECT> <P>(a) A line drawn from the seaward extremity of St. Augustine Inlet north <PRTPAGE P="81"/>jetty to latitude 29°55′ N. longitude 81°15.3′ W. (St. Augustine Lighted Whistle Buoy “ST. A.”); thence to the seaward extremity of St. Augustine Inlet south jetty.</P> <P>(b) A line formed by the centerline of the highway bridge over Matanzas Inlet.</P> <P>(c) A line drawn from the seaward extremity of Ponce de Leon Inlet north jetty to latitude 29°04.7′ N. longitude 80°54′ W. (Ponce de Leon Inlet Lighted Bell Buoy “2”); thence to Ponce de Leon Inlet Approach Light.</P> <P>(d) A line drawn from Canaveral Harbor Approach Channel Range Front Light to latitude 28°23.7′ N. longitude 80°32.2′ W. (Canaveral Bight Wreck Lighted Buoy “WR6”); thence to the radio tower on Canaveral Peninsula in approximate position latitude 28°22.9′ N. longitude 80°36.6′ W.</P> <P>(e) A line drawn across the seaward extremity of the Sebastian Inlet Jetties.</P> <P>(f) A line drawn from the seaward extremity of the Fort Pierce Inlet North Jetty to latitude 27°28.5′ N. longitude 80°16.2′ W. (Fort Pierce Inlet Lighted Whistle Buoy “2”); thence to the tank located in approximate position latitude 27°27.2′ N. longitude 80°17.2′ W.</P> <P>(g) A line drawn from the seaward extremity of St. Lucie Inlet north jetty to latitude 27°10′ N. longitude 80°08.4′ W. (St. Lucie Inlet Entrance Lighted Whistle Buoy “2”); thence to Jupiter Island bearing approximately 180° true.</P> <P>(h) A line drawn from the seaward extremity of Jupiter Inlet North Jetty to the northeast extremity of the concrete apron on the south side of Jupiter Inlet.</P> <P>(i) A line drawn from the seaward extremity of Lake Worth Inlet North Jetty to latitude 26°46.4′ N. longitude 80°01.5′ W. (Lake Worth Inlet Lighted Bell Buoy “2LW”); thence to Lake Worth Inlet Lighted Buoy “3”; thence to the seaward extremity of Lake Worth Inlet South Jetty.</P> <P>(j) A line drawn across the seaward extremity of the Boynton Inlet Jetties.</P> <P>(k) A line drawn from Boca Raton Inlet North Jetty Light “2” to Boca Raton Inlet South Jetty Light “1”.</P> <P>(l) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet Entrance Light “2”; thence to Hillsboro Inlet Entrance Light “1”; thence west to the shoreline.</P> <P>(m) A line drawn from the tower located in approximate position latitude 26°06.9′ N. longitude 80°06.4′ W. to latitude 26°05.5′ N. longitude 80°04.8′ W. (Port Everglades Lighted Whistle Buoy “1”); thence to the signal tower located in approximate position latitude 26°05.5′ N. longitude 80°06.5′ W.</P> <P>(n) A line drawn from the seaward extremity of Bakers Haulover Inlet north jetty 090° true to longitude 80°07.2′ W.; thence to the seaward extremity of Bakers Haulover Inlet south jetty.</P> </SECTION> <SECTION> <SECTNO>§ 7.100</SECTNO> <SUBJECT>Florida Reefs and Keys from Miami, FL to Marquesas Keys, FL.</SUBJECT> <P>(a) A line drawn from the tower located in approximate position latitude 25°46.7′ N. longitude 80°08′ W. to latitude 25°46.1′ N. longitude 80°05.0′ W. (Miami Lighted Whistle Buoy “M”); thence to Fowey Rocks Light (latitude 25°35.4′ N. longitude 80°05.8′ W.); thence to Pacific Reef Light (latitude 25°22.3′ N. longitude 80°08.5′ W.) thence to Carysfort Reef Light (latitude 25°13.3′ N. longitude 80°12.7′ W.); thence to Molasses Reef Light “10” (latitude 25°00.7′ N. longitude 80°22.6′ W.); thence to Alligator Reef Light (latitude 24°51.1 N. longitude 80°37.1′ W.); thence to Tennessee Reef Light (latitude 24°44.7′ N. longitude 80°46.9′ W.); thence to Sombrero Key Light (latitude 24°37.6′ N. longitude 81°06.6′ W.); thence to American Shoal Light (latitude 24°31.5′ N. longitude 81°31.2′ W.); thence to latitude 24°27.7′ N. longitude 81°48.1′ W. (Key West Entrance Lighted Whistle Buoy); thence to Cosgrove Shoal Light (latitude 24°27.5′ N. longitude 82°11.2′ W.); thence due north to a point 12 miles from the baseline from which the territorial sea is measured in approximate position latitude 24°47.5′ N. longitude 82°11.2′ W.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Gulf Coast</HD> <SECTION> <SECTNO>§ 7.105</SECTNO> <SUBJECT>Marquesas Keys, FL to Rio Grande, TX.</SUBJECT> <P>(a) A line drawn from Marquesas Keys, Florida at approximate position latitude 24°47.5′ N. longitude 82°11.2′ W. along the 12-mile line which marks the seaward limits of the contiguous zone (as defined in 33 CFR part 2.05-15) to <PRTPAGE P="82"/>Rio Grande, Texas at approximate position latitude 25°58.6′ N. longitude 96°55.5′ W.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Hawaii</HD> <SECTION> <SECTNO>§ 7.110</SECTNO> <SUBJECT>Mamala Bay, HI.</SUBJECT> <P>A line drawn from Barbers Point Light to Diamond Head Light.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Pacific Coast</HD> <SECTION> <SECTNO>§ 7.115</SECTNO> <SUBJECT>Santa Catalina Island, CA.</SUBJECT> <P>(a) A line drawn from the northernmost point of Lion Head to the north tangent of Bird Rock Island; thence to the northernmost point of Blue Cavern Point.</P> <P>(b) A line drawn from White Rock to the northernmost point of Abalone Point.</P> </SECTION> <SECTION> <SECTNO>§ 7.120</SECTNO> <SUBJECT>Mexican/United States border to Point Fermin, CA.</SUBJECT> <P>(a) A line drawn from the southerly tower of the Coronado Hotel in approximate position latitude 32°40.8′ N. longitude 117°10.6′ W. to latitude 32°39.1′ N. longitude 117°13.6′ W. (San Diego Bay Channel Lighted Bell Buoy “5”); thence to Point Loma Light.</P> <P>(b) A line drawn from Mission Bay South Jetty Light “2” to Mission Bay North Jetty Light “1”.</P> <P>(c) A line drawn from Oceanside South Jetty Light “4” to Oceanside Breakwater Light “3”.</P> <P>(d) A line drawn from Dana Point Jetty Light “6” to Dana Point Breakwater Light “5”.</P> <P>(e) A line drawn from Newport Bay East Jetty Light “4” to Newport Bay West Jetty Light “3”.</P> <P>(f) A line drawn from Anaheim Bay East Jetty Light “6” to Anaheim Bay West Jetty Light “5”; thence to Long Beach Breakwater East End Light “1”. A line drawn from Long Beach Entrance Light “2” to Long Beach Light. A line drawn from Los Angeles Main Channel Entrance Light “2” to Los Angeles Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.125</SECTNO> <SUBJECT>Point Vincente, CA to Point Conception, CA.</SUBJECT> <P>(a) A line drawn from Redondo Beach East Jetty Light “2” to Redondo Beach West Jetty Light “3”.</P> <P>(b) A line drawn from Marina Del Rey Light “4” to Marina Del Rey Breakwater South Light “1”. A line drawn from Marina Del Rey Breakwater North Light “2” to Marina Del Rey Light “3”.</P> <P>(c) A line drawn from Port Hueneme East Jetty Light “4” to Port Hueneme West Jetty Light “3”.</P> <P>(d) A line drawn from Channel Islands Harbor South Jetty Light “2” to Channel Islands Harbor Breakwater South Light “1”. A line drawn from Channel Islands Harbor Breakwater North Light to Channel Islands Harbor North Jetty Light “5”.</P> <P>(e) A line drawn from Ventura Marina South Jetty Light “6” to Ventura Marina Breakwater South Light “3”. A line drawn from Ventura Marina Breakwater North Light to Ventura Marina North Jetty Light “7”.</P> <P>(f) A line drawn from Santa Barbara Harbor Light “4” to latitude 34°24.1′ N. longitude 119°40.7′ W. (Santa Barbara Harbor Lighted Bell Buoy “1”); thence to Santa Barbara Harbor Breakwater Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.130</SECTNO> <SUBJECT>Point Conception, CA to Point Sur, CA.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Fossil Point at longitude 120°43.5′ W. to the seaward extremity of Whaler Island Breakwater.</P> <P>(b) A line drawn from the outer end of Morro Bay Entrance East Breakwater to latitude 35°21.5′ N. longitude 120°52.3′ W. (Morro Bay Entrance Lighted Bell Buoy “1”); thence to Morro Bay West Breakwater Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.135</SECTNO> <SUBJECT>Point Sur, CA to Cape Blanco, OR.</SUBJECT> <P>(a) A line drawn from Monterey Harbor Light “6” to latitude 36°36.5′ N. longitude 121°53.2′ W. (Monterey Harbor Anchorage Buoy “A”); thence to the northernmost extremity of Monterey Municipal Wharf No. 2.</P> <P>(b) A line drawn from seaward extremity of the pier located 0.3 mile south of Moss Landing Harbor Entrance to the seaward extremity of the Moss Landing Harbor North Breakwater.</P> <P>(c) A line drawn from Santa Cruz Light to the southernmost projection of Soquel Point.<PRTPAGE P="83"/> </P> <P>(d) A straight line drawn from Point Bonita Light across Golden Gate through Mile Rocks Light to the shore.</P> <P>(e) A line drawn from the northwestern tip of Tomales Point to latitude 38°15.1′ N. longitude 123°00.1′ W. (Tomales Point Lighted Horn Buoy “2”); thence to latitude 38°17.2′ N. longitude 123°02.3′ W. (Bodega Harbor Approach Lighted Gong Buoy “BA”); thence to the southernmost extremity of Bodega Head.</P> <P>(f) A line drawn from Humboldt Bay Entrance Light “4” to Humboldt Bay Entrance Light “3”.</P> <P>(g) A line drawn from Crescent City Outer Breakwater Light “5” to the southeasternmost extremity of Whaler Island at longitude 124°11′ W.</P> </SECTION> <SECTION> <SECTNO>§ 7.140</SECTNO> <SUBJECT>Cape Blanco, OR to Cape Flattery, WA.</SUBJECT> <P>(a) A line drawn from the seaward extremity of the Coos Bay South Jetty to latitude 43°21.9′ N. longitude 124°21.7′ W. (Coos Bay Entrance Lighted Bell Buoy “1”); thence to the seaward extremity of the Coos Bay North Jetty.</P> <P>(b) A line drawn from the lookout tower located in approximate position latitude 46°13.6′ N. longitude 124°00.7′ W. to latitude 46°12.8′ N. longitude 124°08.0′ W. (Columbia River Entrance Lighted Whistle Buoy “2”); thence to latitude 46°14.5′ N. longitude 124°09.5′ W. (Columbia River Entrance Lighted Bell Buoy “1”); thence to North Head Light.</P> <P>(c) A line drawn from latitude 46°52.8′ N. longitude 124°12.6′ W. (Grays Harbor Light to Grays Harbor Entrance Lighted Whistle Buoy “2”); thence to latitude 46°55.0′ N. longitude 124°14.7′ W. (Grays Harbor Entrance Lighted Whistle Buoy “3”); thence to Grays Harbor Bar Range Rear Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.145</SECTNO> <SUBJECT>Strait of Juan de Fuca, Haro Strait and Strait of Georgia WA.</SUBJECT> <P>(a) A line drawn from the northernmost point of Angeles Point to latitude 48°21.1′ N. longitude 123°02.5′ W. (Hein Bank Lighted Bell Buoy); thence to latitude 48°25.5′ N. longitude 122°58.5′ W. (Salmon Bank Lighted Gong Buoy “3”); thence to Cattle Point Light on San Juan Island.</P> <P>(b) A line drawn from Lime Kiln Light to Kellett Bluff Light on Henry Island; thence to Turn Point Light on Stuart Island; thence to Skipjack Island Light; thence to latitude 48°46.6′ N. longitude 122°53.4′ W. (Clements Reef Bouy “2”); thence to International Boundary Range B Front Light.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Alaska</HD> <SECTION> <SECTNO>§ 7.150</SECTNO> <SUBJECT>Canadian (BC) and United States (AK) Borders to Cape Spencer, AK.</SUBJECT> <P>(a) A line drawn from the northeasternmost extremity of Point Mansfield, Sitklan Island 040° true to the mainland.</P> <P>(b) A line drawn from the southeasternmost extremity of Island Point, Sitklan Island to the southernmost extremity of Garnet Point, Kanagunut Island; thence to Lord Rock Light; thence to Barren Island Light; thence to Cape Chacon Light; thence to Cape Muzon Light.</P> <P>(c) A line drawn from Point Cornwallis Light to Cape Bartolome Light; thence to Cape Edgecumbe Light; thence to the westernmost extremity of Cape Cross.</P> <P>(d) A line drawn from Surge Bay Entrance Light to Cape Spencer Light.</P> </SECTION> <SECTION> <SECTNO>§ 7.155</SECTNO> <SUBJECT>Cape Spencer, AK to Cape St. Elias, AK.</SUBJECT> <P>(a) A line drawn from the westernmost extremity of Harbor Point to the southernmost extremity of LaChaussee Spit at Lituya Bay.</P> <P>(b) A line drawn from Ocean Cape Light to latitude 59°31.9′ N. longitude 139°57.1′ W. (Yakutat Bay Entrance Lighted Whistle Buoy “2”); thence to the southeasternmost extremity of Point Manby.</P> <P>(c) A line drawn from the northernmost extremity of Point Riou to the easternmost extremity of Icy Cape.</P> </SECTION> <SECTION> <SECTNO>§ 7.160</SECTNO> <SUBJECT>Point Whitshed, AK to Aialik Cape, AK.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Point Whitshed to the easternmost extremity of Hinchinbrook Island.</P> <P>(b) A line drawn from Cape Hinchinbrook Light to Schooner Rock Light “1”.</P> <P>(c) A line drawn from the southwesternmost extremity of Montague Island to Point Elrington Light; thence <PRTPAGE P="84"/>to the southernmost extremity of Cape Puget.</P> <P>(d) A line drawn from the southernmost extremity of Cape Resurrection to the Aialik Cape.</P> </SECTION> <SECTION> <SECTNO>§ 7.165</SECTNO> <SUBJECT>Kenai Peninsula, AK to Kodiak Island, AK.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Kenai Peninsula at longitude 151°44.0′ W. to East Amatuli Island Light; thence to the northwesternmost extremity of Shuyak Island at Party Cape; thence to the easternmost extremity of Cape Douglas.</P> <P>(b) A line drawn from the southernmost extremity of Pillar Cape on Afognak Island to Spruce Cape Light; thence to the easternmost extremity of Long Island; thence to the northeasternmost extremity of Cape Chiniak.</P> <P>(c) A line drawn from Cape Nunilak at latitude 58°09.7′ N. to the northernmost extremity of Raspberry Island. A line drawn from the westernmost extremity of Raspberry Cape to the northernmost extremity of Miners Point.</P> </SECTION> <SECTION> <SECTNO>§ 7.170</SECTNO> <SUBJECT>Alaska Peninsula, AK to Aleutian Islands, AK.</SUBJECT> <P>(a) A line drawn from the southernmost extremity of Cape Kumlium to the westernmost extremity of Nakchamik Island; thence to the easternmost extremity of Castle Cape at Chignik Bay.</P> <P>(b) A line drawn from Second Priest Rock to Ulakta Head Light at Iliuliuk Bay entrance.</P> <P>(c) A line drawn from Arch Rock to the northernmost extremity of Devilfish Point at Captains Bay.</P> <P>(d) A line drawn from the easternmost extremity of Lagoon Point to the northwesternmost extremity of Cape Kutuzof at Port Moller.</P> </SECTION> <SECTION> <SECTNO>§ 7.175</SECTNO> <SUBJECT>Alaska Peninsula, AK to Nunivak, AK.</SUBJECT> <P>(a) A line drawn from the northernmost extremity of Goose Point at Egegik Bay to Protection Point.</P> <P>(b) A line drawn from the westernmost extremity of Kulukak Point to the northernmost extremity of Round Island; thence to the southernmost extremity of Hagemeister Island; thence to the southernmost extremity of Cape Peirce; thence to the southernmost extremity of Cape Newenham.</P> <P>(c) A line drawn from the church spire located in approximate position latitude 59°45′ N. longitude 161°55′ W. at the mouth of the Kanektok River to the southernmost extremity of Cape Avinof.</P> </SECTION> <SECTION> <SECTNO>§ 7.180</SECTNO> <SUBJECT>Kotzebue Sound, AK.</SUBJECT> <P>A line drawn from Cape Espenberg Light to latitude 66°52′ N. longitude 163°28′ W.; and thence to Cape Krusenstern Light. </P> </SECTION> </SUBJGRP> </PART> <PART> <EAR>Pt. 8</EAR> <HD SOURCE="HED">PART 8—VESSEL INSPECTION ALTERNATIVES</HD> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> </SUBPART> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>8.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>8.110</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <SECTNO>8.120</SECTNO> <SUBJECT>Reciprocity.</SUBJECT> <SECTNO>8.130</SECTNO> <SUBJECT>Agreement conditions.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart B—Recognition of a Classification Society</HD> <SECTNO>8.200</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>8.210</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>8.220</SECTNO> <SUBJECT>Recognition of a classification society.</SUBJECT> <SECTNO>8.230</SECTNO> <SUBJECT>Minimum standards for a recognized classification society.</SUBJECT> <SECTNO>8.240</SECTNO> <SUBJECT>Application for recognition.</SUBJECT> <SECTNO>8.250</SECTNO> <SUBJECT>Acceptance of standards and functions delegated under existing regulations.</SUBJECT> <SECTNO>8.260</SECTNO> <SUBJECT>Revocation of classification society recognition.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—International Convention Certificate Issuance</HD> <SECTNO>8.300</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>8.310</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>8.320</SECTNO> <SUBJECT>Classification society authorization to issue international certificates.</SUBJECT> <SECTNO>8.330</SECTNO> <SUBJECT>Termination of classification society authority.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Alternate Compliance Program</HD> <SECTNO>8.400</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>8.410</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>8.420</SECTNO> <SUBJECT>Classification society authorization to participate in the Alternate Compliance Program.</SUBJECT> <SECTNO>8.430</SECTNO> <SUBJECT>U.S. Supplement to class rules.</SUBJECT> <SECTNO>8.440</SECTNO> <SUBJECT>Vessel enrollment in the Alternate Compliance Program.</SUBJECT> <SECTNO>8.450</SECTNO> <SUBJECT>Termination of classification society authority.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="85"/> <HD SOURCE="HED">Subpart E—Streamlined Inspection Program</HD> <SECTNO>8.500</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>8.505</SECTNO> <SUBJECT>Scope and applicability.</SUBJECT> <SECTNO>8.510</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>8.515</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <SECTNO>8.520</SECTNO> <SUBJECT>Application.</SUBJECT> <SECTNO>8.525</SECTNO> <SUBJECT>OCMI review and action.</SUBJECT> <SECTNO>8.530</SECTNO> <SUBJECT>Plan development and approval.</SUBJECT> <SECTNO>8.535</SECTNO> <SUBJECT>Training and operational evaluation.</SUBJECT> <SECTNO>8.540</SECTNO> <SUBJECT>Enrollment in SIP.</SUBJECT> <SECTNO>8.545</SECTNO> <SUBJECT>Scope of inspection for enrolled vessels.</SUBJECT> <SECTNO>8.550</SECTNO> <SUBJECT>Plan review and revisions.</SUBJECT> <SECTNO>8.555</SECTNO> <SUBJECT>Disenrollment.</SUBJECT> <SECTNO>8.560</SECTNO> <SUBJECT>Waiver.</SUBJECT> <SECTNO>8.565</SECTNO> <SUBJECT>Appeal.</SUBJECT> <SECTNO>8.570</SECTNO> <SUBJECT>Interim approval of prototype SIP company or vessel plans.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority: </HD> <P>46 U.S.C. 3103, 3306, 3316, 3703; 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 95-010, 62 FR 67532, Dec. 24, 1997, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 8.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Authorized Classification Society</E> means a recognized classification society that has been delegated the authority to conduct certain functions and certifications on behalf of the Coast Guard.</P> <P> <E T="03">Class Rules</E> means the standards developed and published by a classification society regarding the design, construction and certification of commercial vessels.</P> <P> <E T="03">Classed</E> means that a vessel meets the classification society requirements that embody the technical rules, regulations, standards, guidelines and associated surveys and inspections covering the design, construction and through-life compliance of a ship's structure and essential engineering and electrical systems.</P> <P> <E T="03">Commandant</E> means the Commandant of the Coast Guard.</P> <P> <E T="03">Delegated Function</E> means a function related to Coast Guard commercial vessel inspection which has been delegated to a classification society. Delegated functions may include issuance of international convention certificates and participation in the Alternate Compliance Program under this part.</P> <P> <E T="03">Delegated Function Related to General Vessel Safety Assessment</E> means issuance of the SOLAS Cargo Ship Safety Construction Certificate or issuance of the SOLAS Cargo Ship Safety Equipment Certificate.</P> <P> <E T="03">Exclusive Surveyor</E> means a person who is employed solely by a classification society and is authorized to conduct vessel surveys. Independent surveyors, hired on a case-by-case basis, or surveyors of another classification society are not considered exclusive surveyors for the performance of delegated functions on behalf of the Coast Guard.</P> <P> <E T="03">Gross Tons</E> means vessel tonnage measured in accordance with the International Convention on Tonnage Measurement of Ships, 1969. Vessels not measured by this convention must be measured in accordance with the method utilized by the flag state administration of that vessel.</P> <P> <E T="03">MARPOL 73/78</E> means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the Convention which means the International Convention for the Prevention of Pollution from Ships, 1973, including Protocols I and II and Annexes I, II, and V thereto, including any modification or amendments to the Convention, Protocols or Annexes which have entered into force for the United States.</P> <P> <E T="03">Officer in Charge, Marine Inspection (OCMI)</E> means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of a Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspection, enforcement, and administration of 46 U.S.C., Revised Statutes, and acts amendatory thereof or supplemental thereto, and rules and regulations thereunder.</P> <P> <E T="03">Recognized Classification Society</E> means the American Bureau of Shipping or other classification society recognized by the Commandant under this part.</P> <P> <E T="03">SOLAS</E> means International Convention for the Safety of Life at Sea, 1974, as amended.</P> </SECTION> <SECTION> <PRTPAGE P="86"/> <SECTNO>§ 8.110</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <P>(a) Certain material is incorporated by reference into this subchapter 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 paragraph (b) of this section, the Coast Guard must publish notice of the change in the <E T="04">Federal Register</E> and the material must be available to the public. All material is available for inspection at the Office of the Federal Register, 800 North Capitol St., NW., Suite 700, Washington, DC and at the U.S. Coast Guard, Office of Design and Engineering Standards, 2100 Second St., SW., Washington, DC 20593-0001, and is available from the sources listed in paragraph (b).</P> <P>(b) The material incorporated by reference in this subchapter and the sections affected are as follows:</P> <P> <E T="03">American Bureau of Shipping (ABS)</E>—Two World Trade Center, 106th Floor, New York, NY 10048. </P> <HD SOURCE="HD2">Rules for Building and Classing Steel Vessels, 1996—31.01-3(b), 71.15-5(b), 91.15-5(b)</HD> <HD SOURCE="HD2">U.S. Supplement to ABS Rules for Steel Vessels for Vessels on International Voyages, 21 October 1996—31.01-3(b), 71.15-5(b), 91.15-5(b)</HD> <P> <E T="03">American National Standards Institute (ANSI)</E>—11 West 42nd St., New York, NY 10036. </P> <HD SOURCE="HD2">ANSI/ASQC Q9001-1994, Quality Systems—Model for Quality Assurance in Design, Development, Production, Installation, and Servicing, 1994—8.230</HD> </SECTION> <SECTION> <SECTNO>§ 8.120</SECTNO> <SUBJECT>Reciprocity.</SUBJECT> <P>(a) The Commandant may delegate authority to a classification society that has its headquarters in a country other than the United States only to the extent that the flag state administration of that country delegates authority and provides access to the American Bureau of Shipping to inspect, certify and provide related services to vessels flagged by that country. The Commandant will determine reciprocity on a “case-by-case” basis.</P> <P>(b) In order to demonstrate that the conditions described in paragraph (a) of this section are satisfied, a classification society must provide to the Coast Guard an affidavit, from the government of the country that the classification society is headquartered in, listing the authorities delegated by the flag state administration of that country to the American Bureau of Shipping, and indicating any conditions related to the delegated authority.</P> <P>(c) The Commandant will not consider an application for authorization to perform a delegated function submitted under this part until the conditions described in paragraph (a) of this section are satisfied. Where simultaneous authorization by a foreign government for ABS is involved, this requirement may be waived.</P> <P>(d) The Commandant will not evaluate a classification society for recognition until the conditions described in paragraph (a) of this section are satisfied for at least one of the authorized delegations being sought. Where simultaneous recognition by a foreign government for ABS is involved, this requirement may be waived.</P> <P>(e) The Commandant may make a delegation regarding load lines under 46 U.S.C. 5107 or measurement of vessels under 46 U.S.C. 14103 without regard to the conditions described in paragraph (a) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 8.130</SECTNO> <SUBJECT>Agreement conditions.</SUBJECT> <P>(a) Delegated functions performed by, and statutory certificates issued by, an authorized classification society will be accepted as functions performed by, or certificates issued by, the Coast Guard, provided that the classification society maintains compliance with all provisions of its agreement with the Commandant. Any agreement between the Commandant and a recognized classification society authorizing the performance of delegated functions will be written and will require the classification society to comply with each of the following:</P> <P>(1) Issue any certificates related to a delegated function in the English language.<PRTPAGE P="87"/> </P> <P>(2) Maintain a corporate office in the United States that has adequate resources and staff to support all delegated functions and to maintain required associated records.</P> <P>(3) Maintain all records in the United States related to delegated functions conducted on behalf of the Coast Guard.</P> <P>(4) Make available to appropriate Coast Guard representatives vessel status information and records, including outstanding vessel deficiencies or classification society recommendations, in the English language, on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard.</P> <P>(5) Report to the Commandant (G-MOC) the names and official numbers of any vessels removed from class for which the classification society has performed any delegated function on behalf of the Coast Guard and include a description of the reason for the removal.</P> <P>(6) Report to the Commandant (G-MOC) all port state detentions on all vessels for which the classification society has performed any delegated function on behalf of the Coast Guard when aware of such detention.</P> <P>(7) Annually provide the Commandant (G-MOC) with its register of classed vessels.</P> <P>(8) Ensure vessels meet all requirements for class of the accepting classification society prior to accepting vessels transferred from another classification society.</P> <P>(9) Suspend class for vessels that are overdue for special renewal or annual survey.</P> <P>(10) Attend any vessel for which the classification society has performed any delegated function on behalf of the Coast Guard at the request of the appropriate Coast Guard officials, without regard to the vessel's location— unless prohibited to do so under the laws of the United States, the laws of the jurisdiction in which the vessel is located, the classification society's home country domestic law, or where the classification society considers an unacceptable hazard to life and/or property exists.</P> <P>(11) Honor appeal decisions made by the Commandant (G-MSE) or Commandant (G-MOC) on issues related to delegated functions.</P> <P>(12) Apply U.S. flag administration interpretations, when they exist, to international conventions for which the classification society has been delegated authority to certificate or perform other functions on behalf of the Coast Guard.</P> <P>(13) Obtain approval from the Commandant (G-MOC) prior to granting exemptions from the requirements of international conventions, class rules, and the U.S. supplement to class rules.</P> <P>(14) Make available to the Coast Guard all records, in the English language, related to equivalency determinations or approvals made in the course of delegated functions conducted on behalf of the Coast Guard.</P> <P>(15) Report to the Coast Guard all information specified in the agreement at the specified frequency and to the specified Coast Guard office or official.</P> <P>(16) Grant the Coast Guard access to all plans and documents, including reports on surveys, on the basis of which certificates are issued or endorsed by the classification society.</P> <P>(17) Identify a liaison representative to the Coast Guard.</P> <P>(18) Provide regulations, rules, instructions and report forms in the English language.</P> <P>(19) Allow the Commandant (G-M) to participate in the development of class rules.</P> <P>(20) Inform the Commandant (G-M) of all proposed changes to class rules.</P> <P>(21) Provide the Commandant (G-M) the opportunity to comment on any proposed changes to class rules and to respond to the classification society's disposition of the comments made by the Coast Guard.</P> <P>(22) Furnish information and required access to the Coast Guard to conduct oversight of the classification society's activities related to delegated functions conducted on behalf of the Coast Guard.</P> <P>(23) Allow the Coast Guard to accompany them on internal and external quality audits and provide written results of such audits to appropriate Coast Guard representatives.<PRTPAGE P="88"/> </P> <P>(24) Provide the Coast Guard access necessary to audit the authorized classification society to ensure that it continues to comply with the minimum standards for a recognized classification society.</P> <P>(25) Use only exclusive surveyors of that classification society to accomplish all work done on behalf of, or under any delegation from, the Coast Guard. For tonnage-related measurement service only, however, classification societies may use part-time employees or independent contractors in place of exclusive surveyors.</P> <P>(26) Allow its surveyors to participate in training with the Coast Guard regarding delegated functions.</P> <P>(b) Amendments to an agreement between the Coast Guard and an authorized classification society will become effective only after consultation and written agreement between parties.</P> <P>(c) Agreements may be terminated by one party only upon written notice to the other party. Termination will occur sixty days after written notice is given.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Recognition of a Classification Society</HD> <SECTION> <SECTNO>§ 8.200</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>This subpart establishes criteria and procedures for vessel classification societies to obtain recognition from the Coast Guard. This recognition is necessary in order for a classification society to become authorized to perform vessel inspection and certification functions delegated by the Coast Guard as described in this part.</P> </SECTION> <SECTION> <SECTNO>§ 8.210</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart applies to all vessel classification societies seeking recognition by the Coast Guard.</P> </SECTION> <SECTION> <SECTNO>§ 8.220</SECTNO> <SUBJECT>Recognition of a classification society.</SUBJECT> <P>(a) A classification society must be recognized by the Commandant before it may receive statutory authority delegated by the Coast Guard.</P> <P>(b) In order to become recognized, a classification society must meet the requirements of § 8.230.</P> <P>(c) A classification society found to meet the criteria for recognition will be notified in writing by the Commandant.</P> <P>(d) If the Coast Guard determines that a classification society does not meet the criteria for recognition, the Coast Guard will provide the reason for this determination.</P> <P>(e) A classification society may reapply for recognition upon correction of the deficiencies identified by the Coast Guard.</P> </SECTION> <SECTION> <SECTNO>§ 8.230</SECTNO> <SUBJECT>Minimum standards for a recognized classification society.</SUBJECT> <P>(a) In order to receive recognition by the Coast Guard a classification society must:</P> <P>(1) Establish that it has functioned as an international classification society for at least 30 years with its own class rules;</P> <P>(2) Establish that is has a history of appropriate corrective actions in addressing vessel casualties and cases of nonconformity with class rules;</P> <P>(3) Establish that it has a history of appropriate changes to class rules based on their application and the overall performance of its classed fleet;</P> <P>(4) Have a total classed tonnage of at least 10 million gross tons;</P> <P>(5) Have a classed fleet of at least 1,500 ocean-going vessels over 100 gross tons;</P> <P>(6) Have a total classed tonnage of ocean-going vessels over 100 gross tons totaling no less than 8 million gross tons;</P> <P>(7) Publish and maintain class rules in the English language for the design, construction and certification of ships and their associated essential engineering systems;</P> <P>(8) Maintain written survey procedures in the English language;</P> <P>(9) Have adequate resources, including research, technical, and managerial staff, to ensure appropriate updating and maintaining of class rules and procedures;</P> <P>(10) Have adequate resources and geographical coverage to carry out all plan review and vessel survey activities associated with delegated functions as well as classification society requirements;</P> <P>(11) Employ a minimum of 150 exclusive surveyors;<PRTPAGE P="89"/> </P> <P>(12) Have adequate criteria for hiring and qualifying surveyors and technical staff;</P> <P>(13) Have an adequate program for continued training of surveyors and technical staff;</P> <P>(14) Have a corporate office in the United States that provides a continuous management and administrative presence;</P> <P>(15) Maintain an internal quality system based on ANSI/ASQC Q9001 or an equivalent quality standard;</P> <P>(16) Determine classed vessels comply with class rules, during appropriate surveys and inspection;</P> <P>(17) Determine that attended vessels comply with all statutory requirements related to delegated functions, during appropriate surveys and inspection;</P> <P>(18) Monitor all activities related to delegated functions for consistency and required end-results;</P> <P>(19) Maintain and ensure compliance with a Code of Ethics that recognizes the inherent responsibility associated with delegation of authority;</P> <P>(20) Not be under the financial control of shipowners or shipbuilders, or of others engaged commercially in the manufacture, equipping, repair or operation of ships;</P> <P>(21) Not be financially dependent on a single commercial enterprise for its revenue;</P> <P>(22) Not have any business interest in, or share of ownership of, any vessel in its classed fleet; and</P> <P>(23) Not be involved in any activities which could result in a conflict of interest.</P> <P>(b) Recognition may be granted after it is established that the classification society has an acceptable record of vessel detentions attributed to classification society performance under the Coast Guard Port State Control Program.</P> </SECTION> <SECTION> <SECTNO>§ 8.240</SECTNO> <SUBJECT>Application for recognition.</SUBJECT> <P>(a) A classification society must apply for recognition in writing to the Commandant (G-MSE).</P> <P>(b) An application must indicate which specific authority the classification society seeks to have delegated.</P> <P>(c) Upon verification from the Coast Guard that the conditions of reciprocity have been met in accordance with § 8.120, the requesting classification society must submit documentation to establish that it meets the requirements of § 8.230.</P> </SECTION> <SECTION> <SECTNO>§ 8.250</SECTNO> <SUBJECT>Acceptance of standards and functions delegated under existing regulations.</SUBJECT> <P>(a) Classification society class rules will only be accepted as equivalent to Coast Guard regulatory standards when that classification society has received authorization to conduct a related delegated function.</P> <P>(b) A recognized classification society may not conduct any delegated function under this title until it receives a separate written authorization from the Commandant to conduct that specific function.</P> </SECTION> <SECTION> <SECTNO>§ 8.260</SECTNO> <SUBJECT>Revocation of classification society recognition.</SUBJECT> <P>A recognized classification society which fails to maintain the minimum standards established in this part will be reevaluated and its recognized status revoked if warranted.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—International Convention Certificate Issuance</HD> <SECTION> <SECTNO>§ 8.300</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>This subpart establishes options for vessel owners and operators to obtain required international convention certification through means other than those prescribed elsewhere in this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 8.310</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart applies to:</P> <P>(a) Recognized classification societies; and</P> <P>(b) All U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to issue the applicable international certificate as specified in this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 8.320</SECTNO> <SUBJECT>Classification society authorization to issue international certificates.</SUBJECT> <P>(a) The Commandant may authorize a recognized classification society to issue certain international convention <PRTPAGE P="90"/>certificates. Authorization will be based on review of:</P> <P>(1) Applicable class rules; and</P> <P>(2) Applicable classification society procedures.</P> <P>(b) The Coast Guard may delegate issuance of the following international convention certificates to a recognized classification society:</P> <P>(1) International Load Line Certificate;</P> <P>(2) International Tonnage Certificate (1969);</P> <P>(3) SOLAS Cargo Ship Safety Construction Certificate;</P> <P>(4) SOLAS Cargo Ship Safety Equipment Certificate;</P> <P>(5) International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;</P> <P>(6) International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk;</P> <P>(7) International Maritime Organization (IMO) Mobile Offshore Drilling Unit Safety Certificate;</P> <P>(8) MARPOL 73/78 International Oil Pollution Prevention Certificate; and</P> <P>(9) MARPOL 73/78 International Oil Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.</P> <P>(c) The Coast Guard will enter into a written agreement with a recognized classification society authorized to issue international convention certificates. This agreement will define the scope, terms, conditions and requirements of that delegation. Conditions of these agreements are presented in § 8.130.</P> </SECTION> <SECTION> <SECTNO>§ 8.330</SECTNO> <SUBJECT>Termination of classification society authority.</SUBJECT> <P>(a) The Coast Guard may terminate an authorization agreement with a classification society if:</P> <P>(1) The Commandant revokes the classification society's recognition, as specified in § 8.260; or</P> <P>(2) The classification society fails to comply with the conditions of the authorization agreement as specified in § 8.130.</P> <P>(b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country.</P> <P>(c) Certificates issued by a classification society which has had its authorization terminated will remain valid until the next classification society survey associated with that certificate is required or until the certificate expires, whichever occurs first.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Alternate Compliance Program</HD> <SECTION> <SECTNO>§ 8.400</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>This subpart establishes an alternative to subpart 2.01 of this chapter for certification of United States vessels.</P> </SECTION> <SECTION> <SECTNO>§ 8.410</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart applies to:</P> <P>(a) Recognized classification societies; and</P> <P>(b) U.S. flag vessels that are certificated for international voyages and are classed by a recognized classification society that is authorized by the Coast Guard to participate in the Alternate Compliance Program (ACP) as specified in this subpart and whose vessel type is authorized to participate in the ACP per the applicable subchapter of 46 CFR chapter I.</P> </SECTION> <SECTION> <SECTNO>§ 8.420</SECTNO> <SUBJECT>Classification society authorization to participate in the Alternate Compliance Program.</SUBJECT> <P>(a) The Commandant may authorize a recognized classification society to participate in the ACP. Authorization will be based on a satisfactory review of:</P> <P>(1) Applicable class rules; and</P> <P>(2) Applicable classification society procedures.</P> <P>(b) Authorization for a recognized classification society to participate in the ACP will require development of a U.S. Supplement to the society's class rules that meets the requirements of § 8.430 of this part, which must be accepted by the Coast Guard.</P> <P>(c) A recognized classification society will be eligible to receive authorization to participate in the ACP only <PRTPAGE P="91"/>after it has performed a delegated function related to general vessel safety assessment, as defined in § 8.100, for a two-year period.</P> <P>(d) If, after this two-year period, the Coast Guard finds that the recognized classification society has not demonstrated the necessary satisfactory performance or lacks adequate experience, the recognized classification society will not be eligible to participate in the ACP. The Coast Guard will provide the reason for this determination to the recognized classification society. A classification society may appeal the decision of the Coast Guard concerning recognition to the Commandant in writing in accordance with 46 CFR 1.03-15(h)(4).</P> <P>(e) The Coast Guard will enter into a written agreement with a recognized classification society authorized to participate in the ACP. This agreement will define the scope, terms, conditions and requirements of the necessary delegation. Conditions of this agreement are presented in § 8.130.</P> </SECTION> <SECTION> <SECTNO>§ 8.430</SECTNO> <SUBJECT>U.S. Supplement to class rules.</SUBJECT> <P>Prior to receiving authorization to participate in the ACP, a recognized classification society must prepare, and receive Commandant (G-MSE) approval of, a U.S. Supplement to the recognized classification society's class rules. This supplement must include all regulations applicable for issuance of a Certificate of Inspection (COI) which are not, in the opinion of the Commandant, adequately established by either the class rules of that classification society or applicable international regulations.</P> </SECTION> <SECTION> <SECTNO>§ 8.440</SECTNO> <SUBJECT>Vessel enrollment in the Alternate Compliance Program.</SUBJECT> <P>(a) In place of compliance with other applicable provisions of this title, the owner or operator of a vessel subject to plan review and inspection under this subchapter for initial issuance or renewal of a COI may submit the vessel for classification, plan review and inspection by a recognized classification society authorized by the Coast Guard to determine compliance with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard.</P> <P>(b) A vessel owner or operator wishing to have a vessel inspected under paragraph (a) of this section shall submit an Application for Inspection of U.S. Vessel (CG-3752) to the cognizant OCMI, and indicate on the form that the inspection will be conducted by an authorized classification society under the ACP.</P> <P>(c) Based on reports from an authorized classification society that a vessel complies with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may issue a certificate of inspection to the vessel. If the OCMI declines to issue a certificate of inspection even though the reports made by the authorized classification society indicate that the vessel meets applicable standards, the vessel owner or operator may appeal the OCMI decision as provided in subpart 1.03 of this chapter.</P> <P>(d) If reports from an authorized classification society indicate that a vessel does not comply with applicable international treaties and agreements, the classification society's class rules, and the U.S. Supplement prepared by the classification society and accepted by the Coast Guard, the cognizant OCMI may decline to issue a certificate of inspection. If the OCMI declines to issue a certificate of inspection, the vessel owner or operator may:</P> <P>(1) Correct the reported deficiencies and make arrangements with the classification society for an additional inspection;</P> <P>(2) Request inspection by the Coast Guard under other provisions of this subchapter; or</P> <P>(3) Appeal via the authorized classification society to the Chief, Office of Compliance, Commandant (G-MOC), U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001.</P> </SECTION> <SECTION> <SECTNO>§ 8.450</SECTNO> <SUBJECT>Termination of classification society authority.</SUBJECT> <P>(a) The Coast Guard may terminate an authorization agreement with a classification society to participate in the Alternate Compliance Program if:<PRTPAGE P="92"/> </P> <P>(1) The Commandant revokes the classification society's recognition, as specified in § 8.260; or</P> <P>(2) The classification society fails to comply with the conditions of the authorization agreement as specified in § 8.130.</P> <P>(b) In the event that a flag administration of a country changes conditions related to the authority that is delegated to ABS, the Commandant may modify or revoke the Coast Guard's authorization of that classification society that has its headquarters in that country.</P> <P>(c) Certificates issued by a classification society which has had its authorization to participate in the Alternate Compliance Program terminated will be subject to the provisions of § 8.330.</P> <P>(d) Owners or operators of vessels enrolled in the ACP and classed by a classification society that has its authority to participate in the ACP terminated must:</P> <P>(1) Change the classification society for the vessel to a classification society that is authorized to participate in the ACP; or</P> <P>(2) Disenroll the vessel from the ACP.</P> <P>(e) The Coast Guard will provide guidance to a vessel owner affected by the revocation of a classification society's authority to participate in the ACP. This will include notification of when the action required under paragraph (d) of this section must be completed.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Streamlined Inspection Program</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>63 FR 44353, Aug. 18, 1998, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 8.500</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>(a) This subpart establishes the Streamlined Inspection Program (SIP) which is a voluntary alternative inspection program for U.S. documented or registered vessels required to maintain a valid certificate of inspection (COI).</P> <P>(b) This subpart sets out the eligibility and application requirements and the plan development and approval procedures for enrollment of companies and their vessels in the SIP.</P> </SECTION> <SECTION> <SECTNO>§ 8.505</SECTNO> <SUBJECT>Scope and applicability.</SUBJECT> <P>(a) This subpart applies to U.S. documented or registered vessels that have a valid COI.</P> <P>(b) A vessel enrolled in the SIP will be inspected in accordance with its approved Vessel Action Plan (VAP).</P> <P>(c) The SIP includes all inspections required to renew and maintain a valid COI. The SIP does not include dry-dock examinations, unscheduled inspections related to vessel casualties, equipment repair or replacement, or vessel modifications. Those inspections will be conducted in accordance with the subparts applicable to the vessel.</P> </SECTION> <SECTION> <SECTNO>§ 8.510</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply to this subpart:</P> <P> <E T="03">Civil penalty</E> means a final assessment under the provisions of 33 CFR part 1, subpart 1.07 or part 20 of this chapter.</P> <P> <E T="03">Coast Guard SIP Advisor</E> means the Coast Guard marine inspector assigned by the Officer in Charge, Marine Inspection (OCMI), to assist in the development of an action plan.</P> <P> <E T="03">Company</E> means the owner of the vessel or any other organization or person, such as the manager or the bareboat charterer, who operates a vessel under the SIP.</P> <P> <E T="03">Company Action Plan (CAP)</E> means the document describing a company's organization, policies, and responsibilities required for participation in the SIP.</P> <P> <E T="03">Company SIP Agent</E> means the individual who is responsible for the Company Action Plan and the Vessel Action Plan development and implementation and who has the authority to bind the company to the terms of these plans.</P> <P> <E T="03">Correction Report</E> means a document which sets out specific vessel deficiencies and is used to record their correction by the company.</P> <P> <E T="03">Documented deficiency</E> means an incident documented in a Coast Guard record in which the condition of a vessel, its equipment, or its operation was not in compliance with Coast Guard regulations.</P> <P> <E T="03">Examination Checklist</E> means any document or form approved in the VAP, <PRTPAGE P="93"/>that may be used by company employees to record the periodic examinations required by the VAP.</P> <P> <E T="03">Inspection Criteria References (ICR)</E> means the individual pages in the VAP that list each item on the vessel required by regulation to be periodically inspected.</P> <P> <E T="03">Inspection Schedule and Verification (ISV)</E> means the document that lists the items to be inspected and the intervals for their inspection, and on which is recorded the completion of required examinations and tests conducted by designated company employees.</P> <P> <E T="03">Prototype SIP plan</E> means the SIP plans developed for a company or vessel participating in a Coast Guard District-or OCMI-endorsed SIP before August 18, 1998.</P> <P> <E T="03">Reportable casualty</E> means a marine casualty or accident required to be reported under 46 CFR part 4, subpart 4.05 of this chapter.</P> <P> <E T="03">Streamlined Inspection Program (SIP)</E> means the alternative inspection program set out in this subpart.</P> <P> <E T="03">Vessel Action Plan (VAP)</E> means the document that prescribes procedures for maintenance, examination, and inspection of a vessel enrolled in the SIP.</P> </SECTION> <SECTION> <SECTNO>§ 8.515</SECTNO> <SUBJECT>Eligibility.</SUBJECT> <P>(a) The company must—</P> <P>(1) Have owned or operated at least one U.S. documented or registered vessel for a minimum of 3 consecutive years before the SIP application date; and</P> <P>(2) Have paid all civil penalties and user fees.</P> <P>(b) Except as allowed by paragraph (c) of this section, each vessel must—</P> <P>(1) Have been in operation with an eligible owner or operator for at least 3 consecutive years before the SIP application date;</P> <P>(2) Have had no revocation of its COI during the 3 years before the SIP application date; and</P> <P>(3) Have no documented deficiency for any of the following in the 3 years before the SIP application date:</P> <P>(i) Any vessel operation inconsistent with the operating details specified on its COI.</P> <P>(ii) Operating without the required amount of lifesaving appliances on board the vessel or with inoperable survival craft.</P> <P>(iii) Operating without the required firefighting equipment on board the vessel or with an inoperable fire pump(s).</P> <P>(iv) Unauthorized modifications to the vessel's approved systems or structure, such as fixed firefighting systems, pollution prevention arrangements, overcurrent protection devices, or watertight boundary arrangements.</P> <P>(v) Operating without the required navigation equipment on board the vessel or with inoperable navigation equipment.</P> <P>(c) A vessel constructed for, or acquired by, a company with one or more vessels enrolled in the SIP need not meet the requirement in paragraph (b)(1) of this section for enrollment in the SIP, provided that the vessel holds a valid COI issued by the OCMI where the vessel will principally operate.</P> </SECTION> <SECTION> <SECTNO>§ 8.520</SECTNO> <SUBJECT>Application.</SUBJECT> <P>To apply for SIP enrollment, a company will submit an application, in writing, to the cognizant OCMI. The application must contain the following:</P> <P>(a) A statement that the company and prospective vessel(s) meet the requirements of § 8.515.</P> <P>(b) A summation of the company's current status in relation to § 8.530(a).</P> <P>(c) The name and official number of the vessel(s) the company intends to enroll in the SIP.</P> <P>(d) The name and contact information for the Company SIP Agent.</P> </SECTION> <SECTION> <SECTNO>§ 8.525</SECTNO> <SUBJECT>OCMI review and action.</SUBJECT> <P>(a) The cognizant OCMI will review Coast Guard records for the 3 years before the SIP application date to verify the eligibility of the company and each vessel listed in the SIP application.</P> <P>(b) If the company and one or more of its vessels meets the eligibility requirements contained in § 8.515, the cognizant OCMI will notify the company of its eligibility and assign a Coast Guard SIP Advisor.</P> <P>(c) If, according to Coast Guard records, a company or vessel does not meet the eligibility requirements contained in § 8.515, the cognizant OCMI will notify the company in writing of <PRTPAGE P="94"/>its ineligibility stating each reason for not accepting the company or a vessel.</P> </SECTION> <SECTION> <SECTNO>§ 8.530</SECTNO> <SUBJECT>Plan development and approval.</SUBJECT> <P>The Company SIP Agent will develop the CAP and VAP with guidance from the Coast Guard SIP Advisor for OCMI approval.</P> <P>(a) <E T="03">Company Action Plan.</E> The CAP shall include at least the following:</P> <P>(1) A copy of the OCMI CAP approval letter (once the CAP is approved).</P> <P>(2) An organization commitment statement.</P> <P>(3) A company organization chart that includes the name(s) of the designated SIP support personnel who will be responsible for implementation and oversight of the approved CAP and VAP(s).</P> <P>(4) A statement describing the responsibilities and authorities of personnel involved in the examination and maintenance of the vessel(s) for the company.</P> <P>(5) A description of the method the company will use to integrate the applicable subpart regulations into its SIP and the method or system used to initiate corrective action.</P> <P>(6) A description of the company's safety program.</P> <P>(7) A description of the company's environmental protection program.</P> <P>(8) A description of the company's training infrastructure, the method used to track and record training for individual employees, and the training required for the designated SIP support personnel to implement the CAP and the VAP.</P> <P>(9) A master list of all SIP documents and ICRs that the company intends to use in its VAP(s).</P> <P>(10) Appendices for each approved VAP.</P> <P>(b) <E T="03">Vessel Action Plan.</E> Each VAP shall include at least the following:</P> <P>(1) A copy of the OCMI VAP approval letter (once the VAP is approved).</P> <P>(2) A description of the method that will be used to integrate the VAP into the vessel's regular operations.</P> <P>(3) Vessel-specific ICRs.</P> <P>(4) Vessel-specific ISV forms.</P> <P>(5) Vessel-specific examination checklists.</P> <P>(6) Correction reports.</P> <P>(c) <E T="03">Plan Approval.</E> The Company SIP Agent will submit the CAP and each VAP to the cognizant OCMI for approval. Once approved, a copy of the VAP shall be kept on board the vessel.</P> </SECTION> <SECTION> <SECTNO>§ 8.535</SECTNO> <SUBJECT>Training and operational evaluation.</SUBJECT> <P>When the CAP and VAP(s) have been approved by the cognizant OCMI, the company may begin training and operating under the plans. This evaluation phase includes the following:</P> <P>(a) The company shall provide the designated SIP support personnel with training as required by the CAP.</P> <P>(b) The vessel must operate and be examined under the VAP for a period of at least 3 months.</P> <P>(c) During the operational periods, the Coast Guard SIP Advisor will conduct an ongoing evaluation of the vessel's operation, the training records, and the ability of all designated persons to perform their assigned functions under the VAP. The Coast Guard SIP Advisor will report periodically to the cognizant OCMI and the Company SIP Agent on the vessel's performance, and make recommendations, if needed.</P> <P>(d) Revisions recommended under paragraph (c) of this section, or any additional operational periods under a revised CAP or VAP as may be required by the cognizant OCMI must be completed prior to enrollment.</P> </SECTION> <SECTION> <SECTNO>§ 8.540</SECTNO> <SUBJECT>Enrollment in SIP.</SUBJECT> <P>Upon successful completion of the training and evaluation phase, the Coast Guard SIP Advisor will recommend to the OCMI that the company or vessel be enrolled in the SIP. If the OCMI concurs with the recommendation, he or she will issue an enrollment letter and endorse the vessel's COI. Subsequent inspections covered under this subpart will be conducted in accordance with the approved VAP.</P> </SECTION> <SECTION> <SECTNO>§ 8.545</SECTNO> <SUBJECT>Scope of inspection for enrolled vessels.</SUBJECT> <P>(a) A Coast Guard marine inspector will conduct required periodic and follow-on inspections necessary to ensure compliance with Coast Guard regulations.<PRTPAGE P="95"/> </P> <P>(b) A Coast Guard marine inspector will conduct the inspections in paragraph (a) of this section in accordance with the procedures set out in the VAP. These inspections will normally include the following:</P> <P>(1) <E T="03">Administrative review.</E> This portion of the inspection consists of a review of prior Coast Guard SIP inspection forms, the contents of the VAP, and other certifications of equipment and vessel systems.</P> <P>(2) <E T="03">SIP performance review.</E> This portion of the inspection consists of a review of vessel SIP documentation and records, review of the SIP procedures, and a company evaluation of their SIP.</P> <P>(3) <E T="03">Materiel review.</E> This portion of the inspection consists of a general examination of the vessel, witnessing the examination of selected items under the VAP by company designated SIP support personnel, inspection of selected items, and witnessing crew performance in drills.</P> <P>(4) <E T="03">Conclusion and recommendations.</E> This portion of the inspection contains the Coast Guard marine inspector's evaluation of regulatory compliance of the vessel under its VAP.</P> <P>(c) A Coast Guard marine inspector may conduct any additional tests or examinations of vessel equipment or systems necessary to ensure compliance with Coast Guard regulations during an inspection covered in paragraph (a) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 8.550</SECTNO> <SUBJECT>Plan review and revisions.</SUBJECT> <P>(a) Mandatory reviews and revisions. The CAP and VAP(s) must be reviewed and revised as follows:</P> <P>(1) Every 2 years after the plan approval date, the company shall review the CAP and update all information required by § 8.530.</P> <P>(2) Every 5 years after the plan approval date, the Coast Guard SIP Advisor and the Company SIP Agent will review the VAP.</P> <P>(3) If a reportable casualty occurs, the cognizant OCMI will review the portions of the VAP related to equipment, training, personnel, and systems involved in the casualty and determine whether revisions to the VAP are appropriate.</P> <P>(4) When statutes or regulations change, the appropriate sections of the CAP and VAP(s) will be revised.</P> <P>(b) <E T="03">Discretionary reviews and revisions.</E> The CAP and VAP(s) may be reviewed and revised by the company at any time. The revisions must be submitted to the cognizant OCMI for approval.</P> </SECTION> <SECTION> <SECTNO>§ 8.555</SECTNO> <SUBJECT>Disenrollment.</SUBJECT> <P>(a) <E T="03">Voluntary disenrollment.</E> A company may request SIP disenrollment (which includes all of its vessels) or may request disenrollment of a specific vessel from the SIP by writing to the cognizant OCMI. The OCMI will then issue a letter disenrolling the vessel or company. Disenrolled vessels will be inspected in accordance with the requirements of 46 CFR part 2, subpart 2.01 of this chapter.</P> <P>(b) <E T="03">Company disenrollment.</E> The OCMI may issue a letter disenrolling the company if the company no longer has at least one enrolled vessel or if the company fails to continue to meet the eligibility requirements in § 8.515.</P> <P>(c) <E T="03">Vessel disenrollment.</E> The OCMI may issue a letter disenrolling a vessel if any one or more of the following occurs:</P> <P>(1) The sale of the vessel.</P> <P>(2) A finalized letter of warning or assessment of a civil penalty for—</P> <P>(i) Operating outside the scope of the vessel's COI or Stability Letter;</P> <P>(ii) Not reporting a personnel or material casualty required to be reported under 46 CFR part 4; or</P> <P>(iii) A material deficiency listed in § 8.515(b)(3).</P> </SECTION> <SECTION> <SECTNO>§ 8.560</SECTNO> <SUBJECT>Waiver.</SUBJECT> <P>(a) A Coast Guard District Commander may waive any requirement of this subpart—</P> <P>(1) If good cause exists for granting a waiver; and</P> <P>(2) If the safety of the vessel and those on board will not be adversely affected.</P> <P>(b) Requests for waiver of any requirement of this subpart must be submitted in writing to the cognizant OCMI for review before forwarding to the Coast Guard District Commander for action.<PRTPAGE P="96"/> </P> <P>(c) A copy of each waiver granted under this section shall be maintained at all times in the VAP.</P> </SECTION> <SECTION> <SECTNO>§ 8.565</SECTNO> <SUBJECT>Appeal.</SUBJECT> <P>A company may appeal any decision or action taken under this subpart in accordance with 46 CFR part 1, subpart 1.03 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 8.570</SECTNO> <SUBJECT>Interim approval of prototype SIP company or vessel plans.</SUBJECT> <P>(a) A company operating under an approved prototype SIP company or vessel plan must apply in writing by November 1, 1998, to the cognizant OCMI for approval to continue operating under the plans while revisions are developed to bring the prototype SIP company or vessel plan into conformance with this subpart. The OCMI may approve the request for a period of up to 3 years.</P> <P>(b) A company that does not request approval as required by paragraph (a) of this section or does not obtain approval to continue operating under a prototype SIP company or vessel plan by February 1, 1999, may no longer operate under the plans and will be inspected in accordance with the requirements of 46 CFR part 2, subpart 2.01 of this chapter.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 9</EAR> <HD SOURCE="HED">PART 9—EXTRA COMPENSATION FOR OVERTIME SERVICES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>9.1</SECTNO> <SUBJECT>Extra compensation; Coast Guard civilian personnel.</SUBJECT> <SECTNO>9.2</SECTNO> <SUBJECT>Payment although no actual service performed.</SUBJECT> <SECTNO>9.3</SECTNO> <SUBJECT>Overtime earnings not basis for overtime under Federal Employees Pay Act of 1945.</SUBJECT> <SECTNO>9.4</SECTNO> <SUBJECT>Waiting time; actual report for duties.</SUBJECT> <SECTNO>9.5</SECTNO> <SUBJECT>Night, Sunday, and holiday defined.</SUBJECT> <SECTNO>9.6</SECTNO> <SUBJECT>Rate for night service.</SUBJECT> <SECTNO>9.7</SECTNO> <SUBJECT>Rate for Sunday or holiday services.</SUBJECT> <SECTNO>9.8</SECTNO> <SUBJECT>Broken periods.</SUBJECT> <SECTNO>9.9</SECTNO> <SUBJECT>Two hours between broken periods.</SUBJECT> <SECTNO>9.10</SECTNO> <SUBJECT>Waiting time.</SUBJECT> <SECTNO>9.11</SECTNO> <SUBJECT>Proration of charges.</SUBJECT> <SECTNO>9.12</SECTNO> <SUBJECT>Travel status overtime.</SUBJECT> <SECTNO>9.13</SECTNO> <SUBJECT>Congressional appropriations necessary.</SUBJECT> <SECTNO>9.14</SECTNO> <SUBJECT>Assessment and collection of fees.</SUBJECT> <SECTNO>9.15</SECTNO> <SUBJECT>Application form.</SUBJECT> <SECTNO>9.16</SECTNO> <SUBJECT>Billing for services.</SUBJECT> <SECTNO>9.17</SECTNO> <SUBJECT>Protests.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>46 U.S.C. 2103; 49 CFR 1.46.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 74-119, 39 FR 33336, Sept. 17, 1974, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 9.1</SECTNO> <SUBJECT>Extra compensation; Coast Guard civilian personnel.</SUBJECT> <P>Civilians assigned to the duties formerly assigned to local inspectors and their assistants, United States shipping commissioners and their deputies and assistants prior to Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), and customs officers and employees, while performing duties in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels, at night or on Sundays and holidays, shall receive extra compensation to be paid by the master, owner, or agent of the vessel to the local United States collector of customs or his representative. (See § 9.16.)</P> </SECTION> <SECTION> <SECTNO>§ 9.2</SECTNO> <SUBJECT>Payment although no actual service performed.</SUBJECT> <P>The rates of extra compensation are payable in cases where the services of officers or employees have been duly requested and the officers or employees have reported for duty, even though no actual service may be performed.</P> </SECTION> <SECTION> <SECTNO>§ 9.3</SECTNO> <SUBJECT>Overtime earnings not basis for overtime under Federal Employees Pay Act of 1945.</SUBJECT> <P>Overtime, Sunday, and holiday services which are covered by payments under this part shall not also form a basis for overtime or extra pay under the Federal Employees Pay Act of 1945.</P> </SECTION> <SECTION> <SECTNO>§ 9.4</SECTNO> <SUBJECT>Waiting time; actual report for duties.</SUBJECT> <P>Extra compensation for <E T="03">waiting time</E> will not be allowed unless and until an officer or employee actually reports for duty.</P> </SECTION> <SECTION> <SECTNO>§ 9.5</SECTNO> <SUBJECT>Night, Sunday, and holiday defined.</SUBJECT> <P>(a) For the purpose of this part the word <E T="03">night</E> shall mean the time between 5 p.m. of any day and 8 a.m. of the following day.</P> <P>(b) The term <E T="03">holiday</E> shall mean only national legal public holidays, viz., January 1, February 22, May 30, July 4, the 1st Monday in September, November 11, the 4th Thursday in November, December 25, and such other days as <PRTPAGE P="97"/>may be declared legal public holidays by an act of Congress or by an Executive order of the President of the United States.</P> <P>(c) The term <E T="03">Sunday</E> shall include the first day of each calendar week.</P> </SECTION> <SECTION> <SECTNO>§ 9.6</SECTNO> <SUBJECT>Rate for night service.</SUBJECT> <P>The rate of extra compensation for authorized overtime services performed at night on any week day is hereby fixed at one half the gross daily rate of regular pay of the employee who performs the services for each 2 hours of compensable time, any fraction of 2 hours amounting to at least one hour to be counted as 2 hours. In computing the amount earned, each 2 hours is the time period for the purpose of computation, at least one hour means the minimum service in each period for which extra pay may be granted. If service continues beyond a 2 hour period, it must extend for at least one hour into the following 2 hour period to be entitled to extra pay for the second period. When the overtime extends beyond 5 p.m., payment of extra compensation from 5 p.m. for services consisting of at least one hour is authorized, even though such services may not actually begin until 7 p.m., 9 p.m., or later: <E T="03">Provided,</E> That the officer rendering the service remained on duty from 5 p.m., in which case the time between 5 p.m., and the time of beginning the actual service shall be computed as waiting time; and where the actual services begin as late as 9 p.m., there should be an affirmative statement that the officer was required to remain on duty between 5 p.m. and 9 p.m., if a charge for waiting time is made. The maximum amount of extra compensation which may be paid an employee for services during one night shall not exceed two and one-half times the gross daily rate of his regular pay.</P> </SECTION> <SECTION> <SECTNO>§ 9.7</SECTNO> <SUBJECT>Rate for Sunday or holiday services.</SUBJECT> <P>The rate of extra compensation for Sunday or holiday services is hereby fixed at twice the gross daily rate of regular pay of the employee who performs the service, for any and all services totaling an aggregate of not more than nine hours, with one hour for food and rest, during the 24 hours from midnight to midnight of the Sunday or holiday including actual waiting time and time required for travel between posts of duty but not including other time not spent at the post of duty. This rate shall apply regardless of the length of time served within the aggregate of the aforesaid 9 hours, whether it is served continuously or in broken periods, and whether it is served for one or more applicants. Services in excess of an aggregate of the aforesaid 9 hours performed during the 24 hours of a Sunday or holiday shall be compensated on the same basis as overtime services performed at night on a weekday, the time between the completion of the aggregate of the aforesaid 9 hours and midnight being considered as the hours of a night. The maximum amount which may be paid an employee for services performed during the 24 hours of a Sunday or holiday shall not exceed four and one-half times the gross daily rate of his regular pay.</P> </SECTION> <SECTION> <SECTNO>§ 9.8</SECTNO> <SUBJECT>Broken periods.</SUBJECT> <P>In computing extra compensation where the services rendered are in broken periods and less than 2 hours intervene between such broken periods the time served should be combined with the waiting time and computed as continuous service.</P> </SECTION> <SECTION> <SECTNO>§ 9.9</SECTNO> <SUBJECT>Two hours between broken periods.</SUBJECT> <P>Where 2 hours or more intervene between broken periods, one-half day's extra pay will be allowed for each distinct 2-hour period or part of a 2-hour period, if waiting time and actual service rendered within each period consists of at least 1 hour.</P> </SECTION> <SECTION> <SECTNO>§ 9.10</SECTNO> <SUBJECT>Waiting time.</SUBJECT> <P>The same construction should be given the act when charging for waiting time as governs the charge for services actually rendered. No charge should be made unless after having reported for duty the waiting time amounts to at least one hour.</P> </SECTION> <SECTION> <SECTNO>§ 9.11</SECTNO> <SUBJECT>Proration of charges.</SUBJECT> <P>If services are performed for two or more applicants during one continuous tour of overtime duty, the charge for <PRTPAGE P="98"/>the extra compensation earned shall be prorated equitably according to the time attributable to the services performed for each applicant.</P> </SECTION> <SECTION> <SECTNO>§ 9.12</SECTNO> <SUBJECT>Travel status overtime.</SUBJECT> <P>When employees are in travel status, overtime shall apply the same as at official station.</P> </SECTION> <SECTION> <SECTNO>§ 9.13</SECTNO> <SUBJECT>Congressional appropriations necessary.</SUBJECT> <P>Payment of extra compensation for overtime services shall be subject to appropriations being made therefor by Congress.</P> </SECTION> <SECTION> <SECTNO>§ 9.14</SECTNO> <SUBJECT>Assessment and collection of fees.</SUBJECT> <P>Assessment and collection of fees against steamship companies for overtime services shall be made even though the payment to employees for such services may not be made until funds are appropriated for that purpose.</P> </SECTION> <SECTION> <SECTNO>§ 9.15</SECTNO> <SUBJECT>Application form.</SUBJECT> <P>An application on a form prescribed by the Commandant of the Coast Guard, shall be filed with the office being requested to furnish overtime services before such assignment can be made.</P> </SECTION> <SECTION> <SECTNO>§ 9.16</SECTNO> <SUBJECT>Billing for services.</SUBJECT> <P>Overtime services shall be billed to the steamship companies on collection voucher provided for that purpose. Remittance shall be made by postal money order or certified check payable to the <E T="03">Collector of Customs, Treasury Department</E> and forwarded to that officer at the port indicated on the voucher, who shall in turn deposit such remittance to a properly designated receipt account.</P> </SECTION> <SECTION> <SECTNO>§ 9.17</SECTNO> <SUBJECT>Protests.</SUBJECT> <P>Protests against the exaction of extra compensation shall be forwarded to the Commandant of the Coast Guard.</P> </SECTION> </PART> </SUBCHAP> <SUBCHAP TYPE="P"> <PRTPAGE P="99"/> <HD SOURCE="HED">SUBCHAPTER B—MERCHANT MARINE OFFICERS AND SEAMEN</HD> <PART> <EAR>Pt. 10</EAR> <HD SOURCE="HED">PART 10—LICENSING OF MARITIME PERSONNEL</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>10.101</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>10.102</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <SECTNO>10.103</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> <SECTNO>10.105</SECTNO> <SUBJECT>Regional examination centers.</SUBJECT> <SECTNO>10.107</SECTNO> <SUBJECT>Paperwork approval.</SUBJECT> <SECTNO>10.109</SECTNO> <SUBJECT>Fees.</SUBJECT> <SECTNO>10.110</SECTNO> <SUBJECT>Fee payment procedures.</SUBJECT> <SECTNO>10.111</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>10.112</SECTNO> <SUBJECT>No-fee license for certain applicants.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—General Requirements for All Licenses and Certificates of Registry</HD> <SECTNO>10.201</SECTNO> <SUBJECT>Eligibility for licenses, and certificates of registry, general.</SUBJECT> <SECTNO>10.202</SECTNO> <SUBJECT>Issuance of licenses, certificates of registry, and STCW certificates or endorsements.</SUBJECT> <SECTNO>10.203</SECTNO> <SUBJECT>Quick reference table for license and certificate of registry requirements.</SUBJECT> <SECTNO>10.204</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> <SECTNO>10.205</SECTNO> <SUBJECT>Requirements for original licenses, certificates of registry, and STCW certificates and endorsements.</SUBJECT> <SECTNO>10.207</SECTNO> <SUBJECT>Requirements for raises of grades of licenses.</SUBJECT> <SECTNO>10.209</SECTNO> <SUBJECT>Requirements for renewal of licenses, certificates of registry, and STCW certificates and endorsements.</SUBJECT> <SECTNO>10.211</SECTNO> <SUBJECT>Creditable service and equivalents for licensing purposes.</SUBJECT> <SECTNO>10.213</SECTNO> <SUBJECT>Sea service as a member of the Armed Forces of the United States and on vessels owned by the United States as qualifying experience.</SUBJECT> <SECTNO>10.215</SECTNO> <SUBJECT>Modification or removal of limitations.</SUBJECT> <SECTNO>10.217</SECTNO> <SUBJECT>Examination procedures and denial of licenses.</SUBJECT> <SECTNO>10.219</SECTNO> <SUBJECT>Issuance of duplicate license or certificate of registry.</SUBJECT> <SECTNO>10.221</SECTNO> <SUBJECT>Parting with license.</SUBJECT> <SECTNO>10.223</SECTNO> <SUBJECT>Suspension and revocation of licenses.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Training Schools With Approved Courses</HD> <SECTNO>10.301</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>10.302</SECTNO> <SUBJECT>Course approval.</SUBJECT> <SECTNO>10.303</SECTNO> <SUBJECT>General standards.</SUBJECT> <SECTNO>10.304</SECTNO> <SUBJECT>Substitution of training for required service, and use of training-record books.</SUBJECT> <SECTNO>10.305</SECTNO> <SUBJECT>Radar-Observer certificates and qualifying courses.</SUBJECT> <SECTNO>10.306</SECTNO> <SUBJECT>Radar-Operation course and certificate.</SUBJECT> <SECTNO>10.307</SECTNO> <SUBJECT>Training schools with approved radar observer courses.</SUBJECT> <SECTNO>10.309</SECTNO> <SUBJECT>Coast Guard-accepted training other than approved courses.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Professional Requirements for Deck Officers’ Licenses</HD> <SECTNO>10.401</SECTNO> <SUBJECT>Ocean and near coastal licenses.</SUBJECT> <SECTNO>10.402</SECTNO> <SUBJECT>Tonnage requirements for ocean or near coastal licenses for vessels of over 1600 gross tons.</SUBJECT> <SECTNO>10.403</SECTNO> <SUBJECT>Deck license structure.</SUBJECT> <SECTNO>10.404</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.405</SECTNO> <SUBJECT>Service requirements for chief mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.406</SECTNO> <SUBJECT>Service requirements for second mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.407</SECTNO> <SUBJECT>Service requirements for third mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.410</SECTNO> <SUBJECT>Requirements for deck licenses for vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.412</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.414</SECTNO> <SUBJECT>Service requirements for mate of ocean steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.416</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.418</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of not more than 500 gross tons.</SUBJECT> <SECTNO>10.420</SECTNO> <SUBJECT>Service requirements for mate of ocean steam or motor vessels of not more than 500 gross tons.</SUBJECT> <SECTNO>10.421</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 500 gross tons.</SUBJECT> <SECTNO>10.422</SECTNO> <SUBJECT>Tonnage limitations and qualifying requirements for licenses as master or mate of vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.424</SECTNO> <SUBJECT>Service requirements for master of ocean steam or motor vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.426</SECTNO> <SUBJECT>Service requirements for master of near coastal steam or motor vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.427</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 200 gross tons.<PRTPAGE P="100"/> </SUBJECT> <SECTNO>10.428</SECTNO> <SUBJECT>Service requirements for master of near coastal steam or motor vessels of not more than 100 gross tons.</SUBJECT> <SECTNO>10.429</SECTNO> <SUBJECT>Service requirements for limited master of near coastal steam or motor vessels of not more than 100 gross tons.</SUBJECT> <SECTNO>10.430</SECTNO> <SUBJECT>Licenses for the Great Lakes and inland waters.</SUBJECT> <SECTNO>10.431</SECTNO> <SUBJECT>Tonnage requirements for Great Lakes and inland licenses for vessels of over 1600 gross tons.</SUBJECT> <SECTNO>10.433</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.435</SECTNO> <SUBJECT>Service requirements for master of inland steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.437</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of any gross tons.</SUBJECT> <SECTNO>10.442</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.444</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <SECTNO>10.446</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 500 gross tons.</SUBJECT> <SECTNO>10.448</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons.</SUBJECT> <SECTNO>10.450</SECTNO> <SUBJECT>Tonnage limitations and qualifying requirements for licenses as master or mate of Great Lakes and inland vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.452</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.454</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 200 gross tons.</SUBJECT> <SECTNO>10.455</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <SECTNO>10.456</SECTNO> <SUBJECT>Service requirements for limited master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <SECTNO>10.457</SECTNO> <SUBJECT>Service requirements for master of inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <SECTNO>10.459</SECTNO> <SUBJECT>Service requirements for master or mate of rivers.</SUBJECT> <SECTNO>10.462</SECTNO> <SUBJECT>Licenses for master or mate of uninspected fishing industry vessels.</SUBJECT> <SECTNO>10.464</SECTNO> <SUBJECT>Licenses for operator of uninspected towing vessels.</SUBJECT> <SECTNO>10.466</SECTNO> <SUBJECT>Licenses for operator of uninspected passenger vessels.</SUBJECT> <SECTNO>10.468</SECTNO> <SUBJECT>Licenses for mobile offshore drilling units.</SUBJECT> <SECTNO>10.470</SECTNO> <SUBJECT>Licenses for offshore installation manager.</SUBJECT> <SECTNO>10.472</SECTNO> <SUBJECT>License for barge supervisor.</SUBJECT> <SECTNO>10.474</SECTNO> <SUBJECT>License for ballast control operator.</SUBJECT> <SECTNO>10.476</SECTNO> <SUBJECT>Acknowledgments of service and temporary licenses for mobile offshore drilling units.</SUBJECT> <SECTNO>10.480</SECTNO> <SUBJECT>Radar observer.</SUBJECT> <SECTNO>10.482</SECTNO> <SUBJECT>Assistance towing.</SUBJECT> <SECTNO>10.491</SECTNO> <SUBJECT>Licenses for service on offshore supply vessels.</SUBJECT> <SECTNO>10.493</SECTNO> <SUBJECT>Master (OSV).</SUBJECT> <SECTNO>10.495</SECTNO> <SUBJECT>Chief Mate (OSV).</SUBJECT> <SECTNO>10.497</SECTNO> <SUBJECT>Mate (OSV).</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Professional Requirements for Engineer Officers’ Licenses</HD> <SECTNO>10.501</SECTNO> <SUBJECT>Grade and type of engineer licenses issued.</SUBJECT> <SECTNO>10.502</SECTNO> <SUBJECT>Additional requirements for engineer licenses.</SUBJECT> <SECTNO>10.503</SECTNO> <SUBJECT>Horsepower limitations.</SUBJECT> <SECTNO>10.504</SECTNO> <SUBJECT>Application of deck service for limited engineer licenses.</SUBJECT> <SECTNO>10.505</SECTNO> <SUBJECT>Engineer license structure.</SUBJECT> <SECTNO>10.510</SECTNO> <SUBJECT>Service requirements for chief engineer of steam and/or motor vessels.</SUBJECT> <SECTNO>10.512</SECTNO> <SUBJECT>Service requirements for first assistant engineer of steam and/or motor vessels.</SUBJECT> <SECTNO>10.514</SECTNO> <SUBJECT>Service requirements for second assistant engineer of steam and/or motor vessels.</SUBJECT> <SECTNO>10.516</SECTNO> <SUBJECT>Service requirements for third assistant engineer of steam and/or motor vessels.</SUBJECT> <SECTNO>10.518</SECTNO> <SUBJECT>Service requirements for chief engineer (limited-oceans) of steam and/or motor vessels.</SUBJECT> <SECTNO>10.520</SECTNO> <SUBJECT>Service requirements for chief engineer (limited-near coastal) of steam and/or motor vessels.</SUBJECT> <SECTNO>10.522</SECTNO> <SUBJECT>Service requirements for assistant engineer (limited-oceans) of steam and/or motor vessels.</SUBJECT> <SECTNO>10.524</SECTNO> <SUBJECT>Service requirements for designated duty engineer of steam and/or motor vessels.</SUBJECT> <SECTNO>10.530</SECTNO> <SUBJECT>Licenses for engineers of uninspected fishing industry vessels.</SUBJECT> <SECTNO>10.540</SECTNO> <SUBJECT>Licenses for engineers of mobile offshore drilling units.</SUBJECT> <SECTNO>10.542</SECTNO> <SUBJECT>License for chief engineer (MODU).</SUBJECT> <SECTNO>10.544</SECTNO> <SUBJECT>License for assistant engineer (MODU).</SUBJECT> <SECTNO>10.551</SECTNO> <SUBJECT>Licenses for service on offshore supply vessels.</SUBJECT> <SECTNO>10.553</SECTNO> <SUBJECT>Chief Engineer (OSV).</SUBJECT> <SECTNO>10.555</SECTNO> <SUBJECT>Engineer (OSV).</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Licensing of Radio Officers</HD> <SECTNO>10.601</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>10.603</SECTNO> <SUBJECT>Requirements for radio officers' licenses, and STCW certificates or endorsements for GMDSS radio operators.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="101"/> <HD SOURCE="HED">Subpart G—Professional Requirements for Pilot Licenses</HD> <SECTNO>10.701</SECTNO> <SUBJECT>Scope of pilot licenses and endorsements.</SUBJECT> <SECTNO>10.703</SECTNO> <SUBJECT>Service requirements.</SUBJECT> <SECTNO>10.705</SECTNO> <SUBJECT>Route familiarization requirements.</SUBJECT> <SECTNO>10.707</SECTNO> <SUBJECT>Examination requirements.</SUBJECT> <SECTNO>10.709</SECTNO> <SUBJECT>Annual physical examination requirements.</SUBJECT> <SECTNO>10.711</SECTNO> <SUBJECT>Tonnage requirements.</SUBJECT> <SECTNO>10.713</SECTNO> <SUBJECT>Requirements for maintaining current knowledge of waters to be navigated.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Registration of Staff Officers</HD> <SECTNO>10.801</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>10.803</SECTNO> <SUBJECT>Grades of certificates issued.</SUBJECT> <SECTNO>10.805</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>10.807</SECTNO> <SUBJECT>Experience requirements for registry.</SUBJECT> <SECTNO>10.809</SECTNO> <SUBJECT>Experience requirements for ratings endorsed on certificate of registry.</SUBJECT> <SECTNO>10.811</SECTNO> <SUBJECT>Expiration of existing certificates of registry.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Subjects of License Examinations and Practical Demonstrations of Competence</HD> <SECTNO>10.901</SECTNO> <SUBJECT>General provisions.</SUBJECT> <SECTNO>10.903</SECTNO> <SUBJECT>Licenses requiring examinations.</SUBJECT> <SECTNO>10.910</SECTNO> <SUBJECT>Subjects for deck licenses.</SUBJECT> <SECTNO>10.920</SECTNO> <SUBJECT>Subjects for MODU licenses.</SUBJECT> <SECTNO>10.950</SECTNO> <SUBJECT>Subjects for engineer licenses.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Ro-Ro Passenger Ships</HD> <SECTNO>10.1001</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <SECTNO>10.1003</SECTNO> <SUBJECT>Definition.</SUBJECT> <SECTNO>10.1005</SECTNO> <SUBJECT>General requirements for license-holders.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec. 10.107 also issued under the authority of 44 U.S.C. 3507.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 81-059, 52 FR 38623, Oct. 16, 1987 (interim) and CGD 81-059, 54 FR 132, Jan. 4, 1989 (final), unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 10.101</SECTNO> <SUBJECT>Purpose of regulations.</SUBJECT> <P>(a) The purposes of the regulations in this part are to provide—</P> <P>(1) A comprehensive means of determining the qualifications an applicant must possess to be eligible for a license as a deck officer, engineer, pilot, radio officer, or radio operator on merchant vessels, or for a license to operate uninspected towing vessels or uninspected passenger vessels, or for a certificate of registry as a staff officer; and</P> <P>(2) A means of determining that an applicant is competent to serve as a master, chief mate, officer in charge of a navigational watch, chief engineer officer, second engineer officer (first assistant engineer), officer in charge of an engineering watch, designated duty engineer, or radio operator, in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW), and other laws, and to receive the appropriate certificate or endorsement as required by STCW.</P> <P>(b) With few exceptions, these regulations do not specify or restrict licenses to particular types of service such as tankships, freight vessels or passenger vessels. However, all licensed personnel shall become familiar with the relevant characteristics of each vessel prior to assuming their duties. As appropriate, these characteristics include but are not limited to: general arrangement of the vessel; maneuvering characteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics; emergency duties; and main propulsion and auxiliary machinery, including steering gear systems and controls.</P> <P>(c) The regulations in subpart C of this part prescribe the requirements applicable to—</P> <P>(1) Each approved training course, if the training course is to be acceptable as a partial substitute for service or for a required examination, or as training required for a particular license or license endorsement; and</P> <P>(2) All training and assessment associated with meeting the standards of competence established by STCW.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 34528, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.102</SECTNO> <SUBJECT>Incorporation by reference.</SUBJECT> <P>(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 paragraph <PRTPAGE P="102"/>(b) of this section, the Coast Guard must publish notice of change in the <E T="04">Federal Register</E> and must ensure that the material is available to the public. All approved material is available for inspection at the Office of the Federal Register, 800 North Capitol Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard, Operating and Environmental Standards Division, 2100 Second Street SW., Washington, DC, and is available from the sources indicated in paragraph (b) of this section.</P> <P>(b) The material approved for incorporation by reference in this part and the sections affected are as follows: </P> <P> <E T="03">International Maritime Organization (IMO)</E> </P> <P>4 Albert Embankment, London, SE1 7SR, England. </P> <P>STCW—International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 (STCW Convention), and Seafarer's Training, Certification and Watchkeeping Code (STCW Code)— 10.103; 10.205; 10.304; 10.603; 10.901; 10.903; 10.1005.</P> <CITA>[CGD 95-062, 62 FR 34529, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.103</SECTNO> <SUBJECT>Definitions of terms used in this part.</SUBJECT> <P> <E T="03">Approved</E> means approved by the Coast Guard in accordance with § 10.302.</P> <P> <E T="03">Assistant engineer</E> means a qualified officer in the engine department.</P> <P> <E T="03">Assistance towing</E> means towing a disabled vessel for consideration.</P> <P> <E T="03">Ballast control operator (BCO)</E> is a licensed officer restricted to service on MODUs. The duties involve the operation of the complex ballast system found on many MODUs. A ballast control operator, when assigned to a MODU, is the equivalent of a conventionally licensed mate.</P> <P> <E T="03">Barge supervisor (BS)</E> is a licensed officer restricted to service on MODUs. The duties involve support to the OIM in marine related matters including, but not limited to, maintaining watertight integrity, inspecting and maintaining mooring and towing components, and the maintenance of emergency and other marine related equipment. A barge supervisor, when assigned to a MODU is the equivalent of a conventionally licensed mate.</P> <P> <E T="03">Boatswain</E> means the leading seaman and immediate supervisor of unlicensed deck personnel who supervises the maintenance of deck gear.</P> <P> <E T="03">Chief engineer</E> means any person responsible for the mechanical propulsion of a vessel and who is the holder of a valid license as chief engineer.</P> <P> <E T="03">Chief mate</E> means the deck officer next in seniority to the master and upon whom the command of the vessel will fall in the event of the incapacity of the master.</P> <P> <E T="03">Coast Guard-accepted</E> means that the Coast Guard has officially acknowledged in writing that the material or process at issue meets the applicable requirements; that the Coast Guard has issued an official policy statement listing or describing the material or process as meeting the applicable requirements; or that an entity acting on behalf of the Coast Guard under a Memorandum of Agreement has determined that the material or process meets the applicable requirements.</P> <P> <E T="03">Conviction</E> means the applicant for a license or certificate of registry has been found guilty by judgment or plea by a court of record of the United States, the District of Columbia or any State or territory of the United States of a criminal felony or misdemeanor or of an offense described in section 205 of the National Driver Register Act of 1982 (49 U.S.C. 30304). Conviction of more than one offense at a single trial will be considered to be multiple convictions. If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forego appeal of a trial court's conviction, then the applicant will be considered to have received a conviction. A later expungement of the conviction will not negate a conviction unless it is proved to the OCMI that the expungement is based upon a showing that the court's earlier conviction was in error.</P> <P> <E T="03">Day</E> means, for the purpose of complying with the service requirements of this part, eight hours of watchstanding <PRTPAGE P="103"/>or day-working not to include overtime. On vessels where a 12 hour working day is authorized and practiced, such as on a six-on, six-off watch schedule, each work day may be creditable as one and one half days of service. On vessels of less than 100 gross tons, a day is considered as eight hours unless the Officer in Charge, Marine Inspection determines that the vessel's operating schedule makes this criteria inappropriate, in no case will this period be less than four hours.</P> <P> <E T="03">Designated duty engineer</E> means a qualified engineer, who may be the sole engineer on vessels with a periodically unattended engine room.</P> <P> <E T="03">Designated examiner</E> means a person who has been trained or instructed in techniques of training or assessment and is otherwise qualified to evaluate whether a candidate for a license, document, or endorsement has achieved the level of competence required to hold the license, document, or endorsement. This person may be designated by the Coast Guard or by a Coast Guard-approved or accepted program of training or assessment. A faculty member employed or instructing in a navigation or engineering course at the U.S. Merchant Marine Academy or at a State maritime academy operated in accordance with regulations in 46 CFR part 310 is qualified to serve as a designated examiner in his or her area(s) of specialization without individual evaluation by the Coast Guard.</P> <P> <E T="03">Employment assigned to</E> is the total period a person is assigned to work on MODUs, including time spent ashore as part of normal crew rotation.</P> <P> <E T="03">Endorsement</E> means a provision added to a license which alters its scope or application. An example of an endorsement is a tonnage limitation increase within a general tonnage category, a pilot license route addition, or a radar observer qualification.</P> <P> <E T="03">Evaluation</E> means processing an application, from the point of receipt to approval or rejection of the application, including review of all documents and records submitted with an application as well as those obtained from public records and databases.</P> <P> <E T="03">Fails a chemical test for dangerous drugs</E> means that the result of a chemical test conducted in accordance with 49 CFR part 40 is reported as “positive” for the presence of dangerous drugs or drug metabolites in an individual's system by a Medical Review Officer in accordance with that part.</P> <P> <E T="03">First assistant engineer</E> means the engineer officer next in seniority to the chief engineer and upon whom the responsibility for the mechanical propulsion of the vessel will fall in the event of the incapacity of the chief engineer.</P> <P> <E T="03">Great Lakes</E> means the Great Lakes and their connecting and tributary waters including the Calumet River as far as the Thomas J. O'Brien Lock and Controlling Works (between mile 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between mile 321 and 322), and the Saint Lawrence River as far east as the lower exit of Saint Lambert Lock.</P> <P> <E T="03">Horsepower</E> means, for the purpose of this part, the total maximum continuous shaft horsepower of all the vessel's main propulsion machinery.</P> <P> <E T="03">Inland Waters</E> means the navigable waters of the United States shoreward of the Boundary Lines as described in 46 CFR part 7, excluding the Great Lakes. For the purposes of establishing sea service credit, the waters of the Inside Passage between Puget Sound and Cape Spencer, Alaska, are considered as inland.</P> <P> <E T="03">Lower level</E> means a category of deck and engineer licenses established for assessment of fees. Lower level licenses are all licenses, other than those defined as upper level, for which the requirements are listed in subparts D, E, and G of this part.</P> <P> <E T="03">Master</E> means the officer having command of a vessel.</P> <P> <E T="03">Mate</E> means a qualified officer in the deck department other than the master.</P> <P> <E T="03">Mobile offshore drilling unit (MODU)</E> means a vessel capable of engaging in drilling operations for the exploration for or exploitation of subsea resources. MODU designs include:</P> <P>(a) <E T="03">Bottom bearing units</E> which include:</P> <P>(1) <E T="03">Self-elevating (or jack-up) units</E> with moveable, bottom bearing legs capable of raising the hull above the surface of the sea; and,</P> <P>(2) <E T="03">Submersible units</E> of ship shape, barge type or novel hull design, other <PRTPAGE P="104"/>than a self-elevating unit, intended for operating while bottom bearing.</P> <P>(b) <E T="03">Surface units</E> with a ship shape or barge type displacement hull of single or multiple hull construction intended for operating in a floating condition, including semi-submersibles and drillships.</P> <P> <E T="03">Month</E> means 30 days, for the purpose of complying with the service requirements of this part.</P> <P> <E T="03">National Driver Register</E> (NDR) means the nationwide repository of information on drivers maintained by the National Highway Traffic Safety Administration as provided under 49 U.S.C. Chapter 303.</P> <P> <E T="03">NDR listed convictions</E> means a conviction of any of the following motor vehicle-related offenses or comparable offenses:</P> <P>(a) Operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; or</P> <P>(b) A traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.</P> <P> <E T="03">Near coastal</E> means ocean waters not more than 200 miles offshore.</P> <P> <E T="03">Oceans</E> means the waters seaward of the Boundary Lines as described in 46 CFR part 7. For the purposes of establishing sea service credit, the waters of the Inside Passage between Puget Sound and Cape Spencer, Alaska, are not considered oceans.</P> <P> <E T="03">Officer in Charge, Marine Inspection (OCMI)</E> for the purposes of part 10 means the officer or individual so designated at one of the locations of the regional examination centers listed in § 10.105.</P> <P> <E T="03">Offshore installation manager (OIM)</E> is a licensed officer restricted to service on MODUs. An assigned offshore installation manager is equivalent to a conventionally licensed master and is the person designated by the owner or operator to be in complete and ultimate command of the unit.</P> <P> <E T="03">On location</E> means that a mobile offshore drilling unit is bottom bearing or moored with anchors placed in the drilling configuration.</P> <P> <E T="03">Operator</E> means an individual licensed to operate certain uninspected vessels.</P> <P> <E T="03">Orally assisted examination</E> means a license examination as described in subpart I of this part verbally administered and documented by an examiner.</P> <P> <E T="03">Original license</E> means the first deck, engineer or radio officer license issued to any person by the Coast Guard.</P> <P> <E T="03">Passes a chemical test for dangerous drugs</E> means the result of a chemical test conducted in accordance with 49 CFR part 40 is reported as “negative” by a Medical Review Officer in accordance with that part.</P> <P> <E T="03">Practical demonstration</E> means the performance of an activity under the direct observation of a designated examiner for the purpose of establishing that the performer is sufficiently proficient in a practical skill to meet a specified standard of competence or other objective criterion.</P> <P> <E T="03">Qualified instructor</E> means a person who has been trained or instructed in instructional techniques and is otherwise qualified to provide required training to candidates for licenses, documents, and endorsements. A faculty member employed at a State maritime academy or the U.S. Merchant Marine Academy operated in accordance with 46 CFR part 310 and instructing in a navigation or engineering course is qualified to serve as a qualified instructor in his or her area(s) of specialization without individual evaluation by the Coast Guard.</P> <P> <E T="03">Raise of grade</E> means an increase in the level of authority and responsibility associated with a license.</P> <P> <E T="03">Rivers</E> means any river, canal, or other similar body of water designated by the Officer in Charge, Marine Inspection.</P> <P> <E T="03">Senior company official</E> means the president, vice president, vice president for personnel, personnel director, or similarly titled or responsible individual, or a lower level employee designated in writing by one of the aforementioned for the purpose of certifying employment and whose signature is on file at the REC at which application is made.</P> <P> <E T="03">Service as</E> when computing the required service for MODU licenses, is the time period, in days, a person is assigned to work on MODUs, excluding time spent ashore as part of crew rotation. A day, for the purposes of this <PRTPAGE P="105"/>definition, is a minimum of four hours, and no additional credit is received for periods served over eight hours.</P> <P> <E T="03">Standard of competence</E> means the level of proficiency to be achieved for the proper performance of duties on board vessels in accordance with national and international criteria.</P> <P> <E T="03">STCW</E> means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995.</P> <P> <E T="03">STCW Code</E> means the Seafarer's Training, Certification and Watchkeeping Code.</P> <P> <E T="03">STCW endorsement</E> means a certificate or endorsement issued in accordance with STCW. An STCW endorsement issued by the Officer in Charge, Marine Inspection (OCMI), will be valid only when accompanied by the appropriate U.S. license or document; and, if the license or document is revoked, then the associated STCW endorsement is no longer valid for any purpose. References to STCW placed on a U.S. license or merchant mariner's document will suffice as STCW endorsements for the mariner serving on a vessel operating exclusively on a domestic voyage (i.e., to and from U.S. ports or places subject to U.S. jurisdiction).</P> <P> <E T="03">Underway</E> means that a mobile offshore drilling unit is not in an on location or laid up status. Underway includes that period of time when the MODU is deploying or recovering its mooring system.</P> <P> <E T="03">Undocumented vessel</E> means a vessel not required to have a document issued under the laws of the United States.</P> <P> <E T="03">Upper level</E> means a category of deck and engineer licenses established for assessment of fees. Upper level licenses are those licenses for which the requirements are listed in §§ 10.404 to 10.407 of subpart D of this part and §§ 10.510, 10.512, 10.514, and 10.516 of subpart E of this part.</P> <P> <E T="03">Western Rivers</E> means the Mississippi River, its tributaries, South Pass, and Southwest Pass, to the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, and the Port Allen-Morgan City Alternate Route, and that part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternate Route including the Old River and the Red River, and those waters specified in 33 CFR 89.25.</P> <P> <E T="03">Year</E> means 360 days, for the purpose of complying with the service requirements of this part.</P> <CITA>[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as amended by CGD 87-017, 53 FR 18562, May 24, 1988; CGD 81-059, 54 FR 132, Jan. 4, 1989; CGD 81-059a, 55 FR 14798, Apr. 18, 1990; CGD 91-002, 58 FR 15237, Mar. 19, 1993; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65483, Dec. 19, 1995; CGD 95-062, 62 FR 34529, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.105</SECTNO> <SUBJECT>Regional examination centers.</SUBJECT> <P>Licensing and certification functions are performed only by the Officer in Charge, Marine Inspection, at the following locations: </P> <EXTRACT> <SCOL2> <LI>Boston, MA </LI> <LI>New York, NY </LI> <LI>Baltimore, MD </LI> <LI>Charleston, SC </LI> <LI>Miami, FL </LI> <LI>New Orleans, LA </LI> <LI>Houston, TX </LI> <LI>Memphis, TN </LI> <LI>St. Louis, MO </LI> <LI>Toledo, OH </LI> <LI>Long Beach, CA </LI> <LI>San Francisco, CA </LI> <LI>Portland, OR </LI> <LI>Seattle, WA </LI> <LI>Anchorage, AK </LI> <LI>Juneau, AK </LI> <LI>Honolulu, HI</LI> </SCOL2> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 10.107</SECTNO> <SUBJECT>Paperwork approval.</SUBJECT> <P>(a) This section lists the control numbers assigned by the Office of Management and Budget under the Paperwork Reduction Act of 1980 (Pub. L. 96-511) for the reporting and record keeping requirements in this part.</P> <P>(b) The following control numbers have been assigned to the sections indicated:</P> <P>(1) OMB 2115-0514—46 CFR 10.201, 10.202, 10.205, 10.207, 10.209, 10.470, 10.472, 10.474, 10.542, and 10.544.</P> <P>(2) OMB 2115-0111—46 CFR 10.302, 10.303, 10.304, 10.480.</P> <P>(3) OMB 2115-0624—46 CFR 10.304 and 10.309.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 133, Jan. 4, 1989; CGD 81-059a, 55 FR 14799, Apr. 18, 1990; CGD 95-062, 62 FR 34529, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.109</SECTNO> <SUBJECT>Fees.</SUBJECT> <P>The following fees are required for license and registration activities in this part:</P> <P>(a) For licenses.</P> <P>(1) Upper level:</P> <P>(i) For evaluation for an original license, $87.<PRTPAGE P="106"/> </P> <P>(ii) For evaluation for a license other than an original, including a raise in grade in a license, $70.</P> <P>(iii) For administration of an examination, including allowable retests, $150.</P> <P>(iv) For administration of a limited examination required under subpart D of this part, including allowable retests, $55.</P> <P>(v) For issuance of a license, $35.</P> <P>(2) Lower level:</P> <P>(i) For evaluation for an original license, $82.</P> <P>(ii) For evaluation for a license other than an original, including a raise in grade of a license, $65.</P> <P>(iii) For administration of an examination, including allowable retests, $80.</P> <P>(iv) For administration of a limited examination required under subpart D of this part, including allowable retests, $55.</P> <P>(v) For issuance of a license, $35.</P> <P>(3) Radio Officer:</P> <P>(i) For evaluation for an original license, $62.</P> <P>(ii) For evaluation for a license other than an original license, $45.</P> <P>(iii) For issuance of a license, $35.</P> <P>(b) For endorsements, except the radar observer endorsement, subsequent to the issuance of the license.</P> <P>(1) For evaluation for single or multiple endorsements, $45.</P> <P>(2) For administration of examinations, including allowable retests, $55.</P> <P>(3) For issuance of single or multiple endorsements to an existing license, $35.</P> <P>(c) For renewal of a license.</P> <P>(1) For evaluation for renewal of a license, $45.</P> <P>(2) For administration of an open-book exercise if required under § 10.209 of this part, $55.</P> <P>(3) For issuance of a renewed license, $35.</P> <P>(4) For issuance of a renewed license, without evaluation or examination, for continuity purposes only, $35.</P> <P>(d) For Certificates of Registry.</P> <P>(1) For Chief Purser, Purser, and Senior Assistant Purser:</P> <P>(i) For evaluation of an unlicensed applicant for a certificate of registry, $62.</P> <P>(ii) For evaluation of an applicant who holds a license or certificate of registry issued under this part, $45.</P> <P>(iii) For issuance of a certificate of registry, $35.</P> <P>(2) For Junior Assistant Purser, Medical Doctor, and Professional Nurse:</P> <P>(i) For evaluation of an unlicensed applicant for a certificate of registry, $17.</P> <P>(ii) For evaluation of an applicant who holds a license or certificate of registry issued under this part, no fee.</P> <P>(iii) For issuance of a certificate of registry, $35.</P> <P>(3) For renewal of a Certificate of Registry:</P> <P>(i) For evaluation for renewal of a certificate of registry, no fee.</P> <P>(ii) For issuance of a renewed certificate of registry, $35.</P> <P>(e) For reissue of a license or certificate or registry issued in this part where a fee is required in § 10.219, $35.</P> <P>(f) For endorsements to existing license, a raise in grade of a license, an additional license, or certificate of registry where further evaluations are not required, no evaluation fee.</P> <P>(g) For endorsements to an existing license, a raise in grade of a license, or an additional license where further examinations are not required, no examination fee.</P> <CITA>[CGD 91-002, 58 FR 15237, Mar. 19, 1993; 58 FR 15901, Mar. 24, 1993, as amended by CGD 91-211, 59 FR 49297, Sept. 27, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.110</SECTNO> <SUBJECT>Fee payment procedures.</SUBJECT> <P>(a) Unless otherwise directed, the prescribed fee must be paid as follows:</P> <P>(1) If an evaluation fee, at the time of application.</P> <P>(2) If an examination fee, prior to taking the first examination section.</P> <P>(3) If an issuance fee, prior to receiving the license or certificate of registry.</P> <P>(b) For examinations administered at locations other than a Regional Examination Center, the examination fee must be received by the Regional Examination Center at least one week in advance of the scheduled examination date, unless otherwise directed.</P> <P>(c) Prescribed fees must be paid by one of the following options:<PRTPAGE P="107"/> </P> <P>(1) <E T="03">Mail-in</E>. Payment by check or money order only, made payable to one of the following:</P> <P>(i) U.S. Coast Guard;</P> <P>(ii) U.S. Government;</P> <P>(iii) U.S. Treasury;</P> <P>(iv) U.S. Department of Transportation.</P> <P>Fee payment by check or money order must have the applicant's (payor's) social security number included thereon.</P> <P>(2) <E T="03">In-person</E>. Fee payment will be accepted by cash, check, or money order at Coast Guard units where Regional Examination Centers are located. Where an applicant makes payment by cash, payment must be in the exact amount. A check or money order must be payable as specified in paragraph (c)(1) of this section.</P> <CITA>[CGD 91-002, 58 FR 15237, Mar. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.111</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>(a) Anyone who fails to pay a fee or charge established under this subpart is liable to the United States Government for a civil penalty of not more than $5,000 for each violation.</P> <P>(b) The Coast Guard may assess additional charges to anyone to recover collection and enforcement costs associated with delinquent payments of, or failure to pay, a fee. Coast Guard licensing services may also be withheld from anyone pending payment of outstanding fees owed to the Coast Guard for services already provided by Regional Examination Centers.</P> <CITA>[CGD 91-002, 58 FR 15237, Mar. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.112</SECTNO> <SUBJECT>No-fee license for certain applicants.</SUBJECT> <P>(a) For the purpose of this section, a no-fee license applicant is a person who is a volunteer, or part-time or full-time employee of an organization which is:</P> <P>(1) Charitable in nature;</P> <P>(2) Not for profit; and</P> <P>(3) Youth oriented.</P> <P>(b) An organization may submit a written request to Commandant (G-MOC), 2100 Second Street SW., Washington, DC 20593-0001 in order to be considered an eligible organization under the criteria set forth in paragraph (a) of this section. With the written request, the organization must provide evidence of its status as a youth oriented, not for profit, charitable organization. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>The following organizations are accepted by the Coast Guard as meeting the requirements of paragraph (a) of this section and need not submit evidence of their status: Boy Scouts of America, Sea Explorer Association, Girl Scouts of the United States of America, and Young Men's Christian Association of the United States of America.</P> </NOTE> <P>(c) A letter from an organization determined eligible under paragraph (b) of this section must also accompany the person's license application to the Coast Guard. The letter must state that the purpose of the person's application is solely to further the conduct of the organization's maritime activities. The applicant then is eligible under this section to obtain a no-fee license if other requirements for the license are met.</P> <P>(d) A marine license issued to a person under this section is endorsed restricting its use to vessels owned or operated by the sponsoring organization.</P> <P>(e) The holder of a no-fee license issued under this section may have the restriction removed by paying the appropriate evaluation, examination, and issuance fees that would have otherwise applied.</P> <CITA>[CGD 91-002, 58 FR 15238, Mar. 19, 1993, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 96-041, 61 FR 50726, Sept. 27, 1996; CGD 97-057, 62 FR 51042, Sept. 30, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—General Requirements for All Licenses and Certificates of Registry</HD> <SECTION> <SECTNO>§ 10.201</SECTNO> <SUBJECT>Eligibility for licenses and certificates of registry, general.</SUBJECT> <P>(a) Each applicant shall establish to the satisfaction of the OCMI that he or she possesses all of the qualifications necessary (such as age, experience, character references and recommendations, physical health or competence and test for dangerous drugs, citizenship, approved training, passage of a professional examination, as appropriate, and, when required by this part, a practical demonstration of skills) before the OCMI will issue a license or certificate of registry.</P> <P>(b) No person who has been convicted by a court of record of a violation of <PRTPAGE P="108"/>the dangerous drug laws of the United States, the District of Columbia, or any State or territory of the United States is eligible for a license or certificate of registry, except as provided by the provisions of paragraph (h) of this section. No person who has ever been the user of, or addicted to the use of, a dangerous drug, or has ever been convicted of an offense described in section 205 of the National Driver Register Act of 1982 (49 U.S.C. 30304) due to the addiction or abuse of alcohol is eligible for a license or certificate of registry unless he or she furnishes satisfactory evidence of suitability for service in the merchant marine as provided in paragraph (j) of this section.</P> <P>(c) Except as provided in § 10.464(i) of the part, an applicant for a license must demonstrate an ability to speak and understand English as found in the navigation rules, aids to navigation publications, emergency equipment instructions, machinery instructions, and radiotelephone communications instructions.</P> <P>(d) An applicant for a license must meet the requirements for recent service specified in § 10.202(e).</P> <P>(e) No license or certificate of registry may be issued to any person who is not a citizen of the United States with the exception of operator of uninspected passenger vessels limited to vessels not documented under the laws of the United States.</P> <P>(f) Except as specified in this paragraph, no license or certificate of registry may be issued to a person who has not attained the age of 21 years.</P> <P>(1) A license as master of near coastal, Great Lakes and inland, inland, or river vessels of 25-200 gross tons, third mate, third assistant engineer, mate of vessels of 200-1600 gross tons, ballast control operator, assistant engineer (MODU), assistant engineer of fishing industry vessels, second-class operator of uninspected towing vessel, radio officer, assistant engineer (limited-oceans), or designated duty engineer of vessels of not more than 4000 horsepower may be granted to an applicant who has reached the age of 19 years.</P> <P>(2) A license as limited master of near coastal vessels of not more than 100 gross tons, limited master of Great Lakes and inland vessels of not more than 100 gross tons, mate of Great Lakes and inland vessels of 25-200 gross tons, mate of near coastal vessels of 25-200 gross tons, operator of uninspected passenger vessels, or designated duty engineer of vessels of not more than 1000 horsepower, may be granted to an applicant who has reached the age of 18 years.</P> <P>(g) Persons serving or intending to serve in the merchant marine service are recommended to take the earliest opportunity of ascertaining, through examination, whether their visual acuity, and color vision where required, are such as to qualify them for service in that profession. Any physical impairment or medical condition which would render an applicant incompetent to perform the ordinary duties of an officer at sea is cause for denial of a license.</P> <P>(h) <E T="03">Criminal Record Review.</E> The OCMI may review the criminal record of an applicant for the issuance of a license or certificate of registry issued as an original or reissued with a new expiration date. An applicant conducting simultaneous merchant mariner's credential transactions shall undergo only one criminal record check. Applicants must provide written disclosure of all prior convictions at the time of application.</P> <P>(1) If the applicant is advised that a criminal record check is required by the OCMI, applicants shall provide their fingerprints at the time of application. The fingerprints will be used to determine whether the applicant has a record of a criminal conviction. An application may be disapproved if a criminal record review leads the OCMI to determine that the applicant's habits of life and character are such that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry for which application is made. If an application is disapproved, the OCMI will notify the applicant in writing of the reason(s) for disapproval and advise the applicant that the reconsideration and appeal procedures in § 1.03 of this chapter apply. No examination will be given pending decision on appeal.</P> <P>(2) The OCMI may use table 10.201(h) to evaluate applicants for licenses and <PRTPAGE P="109"/>certificates of registry who have criminal convictions. The table lists major categories of criminal activity and is not to be construed as an all-inclusive list. If an applicant is convicted of an offense that does not appear on the list, the OCMI will establish an appropriate assessment period using the list as a guide. The assessment period commences when an applicant is no longer incarcerated. The applicant must establish proof of the time incarcerated and periods of probation and parole to the satisfaction of the OCMI. The assessment period may include supervised or unsupervised probation or parole. A conviction for a drug offense more than 10 years prior to the date of application will not alone be grounds for denial.</P> <P>(3) When an applicant has convictions for more than one offense, the minimum assessment period will be the longest minimum in table 10.201(h) and table 10.201(i) based upon the applicant's convictions; the maximum assessment period will be the longest shown in table 10.201(h) and table 10.201(i) based upon the applicant's convictions.</P> <P>(4) If a person with a criminal conviction applies for a license or certificate of registry before the minimum assessment period shown in table 10.201(h), or established by the OCMI under paragraph (h)(2) of this section has elapsed, then the applicant must provide evidence of suitability for service in the merchant marine. Factors which are evidence of suitability for service in the merchant marine are listed in paragraph (j) of this section. The OCMI will consider the applicant's evidence and may issue the license or certificate of registry in less than the listed minimum assessment period if the OCMI is satisfied that the applicant is suitable to hold the license or certificate of registry for which he or she has applied. If an applicant does not provide evidence of suitability for service in the merchant marine, then the application will be considered incomplete and will not be processed by the OCMI.</P> <P>(5) If a person with a criminal conviction applies for a license or certificate of registry during the time between the minimum and maximum assessment periods shown in table 10.201(h) or established by the OCMI under paragraph (h)(2) of this section, the OCMI will consider the conviction and, unless there are offsetting factors, may grant the applicant the license or certificate of registry for which he or she has applied. Offsetting factors include multiple convictions, failure to comply with court orders (e.g., child support orders), previous failures at rehabilitation or reform, inability to maintain steady employment, or any connection between the crime and the safe operation of a vessel. If the OCMI considers the applicant unsuitable for service in the merchant marine at the time of application, the OCMI will disapprove the application.</P> <P>(6) If a person with a criminal conviction applies for a license or certificate of registry after the maximum assessment period shown in table 10.201(h) or established by the OCMI under paragraph (h)(2) of this section has elapsed, then the OCMI will grant the applicant the license or certificate of registry for which he or she has applied unless the OCMI has reason to believe the applicant is still unsuitable for service in the merchant marine. If the OCMI disapproves an application based upon a conviction older than the maximum assessment period, the OCMI will notify the applicant in writing of the reason(s) for the disapproval. The OCMI will also inform the applicant, in writing, that the reconsideration and appeal procedures contained in § 1.03 of this chapter apply.</P> <GPOTABLE CDEF="s150,xs60,xs60" COLS="3" OPTS="L2,i1"> <TTITLE>Table 10.201(h)—<E T="04">Guidelines for Evaluating Applicants for Licenses and Certificates of Registry Who Have Criminal Convictions</E> </TTITLE> <BOXHD> <CHED H="1">Crime<SU>1</SU> </CHED> <CHED H="1">Assessment periods</CHED> <CHED H="2">Minimum</CHED> <CHED H="2">Maximum</CHED> </BOXHD> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Crimes Against Persons</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Homicide (intentional) </ENT> <ENT>7 years </ENT> <ENT>20 years.</ENT> </ROW> <ROW> <ENT I="01">Homicide (unintentional) </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <PRTPAGE P="110"/> <ENT I="01">Assault (aggravated) </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <ENT I="01">Assault (simple) </ENT> <ENT>1 year </ENT> <ENT>5 years.</ENT> </ROW> <ROW> <ENT I="01">Sexual Assault (rape, child molestation) </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <ENT I="01">Robbery </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="01">Other crimes against persons <SU>2</SU> </ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Crimes Against Property</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Burglary </ENT> <ENT>3 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <ENT I="01">Larceny (embezzlement) </ENT> <ENT>3 years </ENT> <ENT>5 years.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="01">Other crimes against property <SU>2</SU> </ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Vehicular Crimes</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Conviction involving fatality </ENT> <ENT>1 year </ENT> <ENT>5 years.</ENT> </ROW> <ROW> <ENT I="01">Reckless Driving </ENT> <ENT>1 year </ENT> <ENT>2 years.</ENT> </ROW> <ROW> <ENT I="01">Racing on the Highways </ENT> <ENT>1 year </ENT> <ENT>2 years.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="01">Other vehicular crimes <SU>2</SU> </ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Crimes Against Public Safety</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Destruction of Property </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="01">Other crimes against public safety <SU>2</SU> </ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Crimes Involving National Security</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="03,s"> <ENT I="01">Terrorism, Acts of Sabotage, Espionage and related offenses </ENT> <ENT>7 years </ENT> <ENT>20 years.</ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Criminal Violations of Environmental Laws</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="03,s"> <ENT I="01">Criminal violations of environmental laws involving improper handling of pollutants or hazardous materials </ENT> <ENT>1 year </ENT> <ENT>10 years.</ENT> </ROW> <ROW EXPSTB="02" RUL="03,s"> <ENT I="21"> <E T="02">Dangerous Drug Offenses </E> <E T="51">3, 4, 5</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Trafficking (sale, distribution, transfer) </ENT> <ENT>5 years </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <ENT I="01">Dangerous drugs (Use or possession) </ENT> <ENT>1 year </ENT> <ENT>10 years.</ENT> </ROW> <ROW> <ENT I="01">Other dangerous drug convictions <SU>6</SU> </ENT> </ROW> <TNOTE> <SU>1</SU> Conviction of attempt, solicitation, aiding and abetting, accessory after the fact, and conspiracy to commit the criminal conduct listed in this table carry the same minimum and maximum assessment periods provided in the table.</TNOTE> <TNOTE> <SU>2</SU> Other crimes are to be reviewed by the OCMI to determine the minimum and maximum assessment periods depending on the nature of the crime.</TNOTE> <TNOTE> <SU>3</SU> Applicable only to original applications for licenses or CORs. Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (b) of this section. Note: Applicants for reissue of a license or COR with a new expiration date including a renewal or a raise of grade, who have been convicted of a dangerous drug offense while holding a license or COR, may have their applications withheld until appropriate action has been completed by the OCMI under the regulations which appear in 46 CFR part 5 governing administrative actions against merchant mariner credentials.</TNOTE> <TNOTE> <SU>4</SU> The OCMI may consider dangerous drug convictions more than 10 years old only if there has been a dangerous drug conviction within the past 10 years.</TNOTE> <TNOTE> <SU>5</SU> Applicants must demonstrate rehabilitation under paragraph (j) of this section, including applicants with dangerous drug use convictions more than ten years old.</TNOTE> <TNOTE> <SU>6</SU> Other dangerous drug convictions are to be reviewed by the Officer in Charge, Marine Inspection on a case by case basis to determine the appropriate assessment periods depending on the nature of the offense.</TNOTE> </GPOTABLE> <P>(i) <E T="03">National Driver Register</E>. A license or certificate of registry will not be issued as an original or reissued with a new expiration date unless the applicant consents to a check of the NDR for offenses described in section 205(a)(3) (A) or (B) of the NDR Act (i.e., operation of a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; and any traffic violations arising in connection with a fatal traffic accident, reckless driving, or racing on the highways). The OCMI will not consider <PRTPAGE P="111"/>NDR listed civil convictions that are more than 3 years old from the date of request unless that information relates to the current suspension or revocation of the applicant's license to operate a motor vehicle. The OCMI may determine minimum and maximum assessment periods for NDR listed criminal convictions using table 10.201(h). An applicant conducting simultaneous merchant mariner's credential transactions is subject to only one NDR check.</P> <P>(1) Any application may be disapproved if information from the NDR check leads the OCMI to determine that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry for which the application is made. If an application is disapproved, the OCMI will notify the applicant in writing of the reason(s) for disapproval and advise the application that the appeal procedures in § 1.03 of this chapter apply. No examination will be given pending decision on appeal.</P> <P>(2) Prior to disapproving an application because of information received from the NDR, the OCMI will make the information available to the applicant for review and written comment. The applicant may submit records from the applicable State concerning driving record and convictions to the Coast Guard Regional Examination Center (REC) processing the application. The REC will hold an application with NDR listed convictions pending the completion of the evaluation and delivery by the individual of the underlying State records.</P> <P>(3) The guidelines in table 10.201(i) will be used by the OCMI in evaluating applicants for licenses and certificates of registry who have drug or alcohol related NDR listed convictions. Non-drug or alcohol related NDR listed convictions will be evaluated by the OCMI under table 10.201(h) as applicable.</P> <P>(4) An applicant may request an NDR file check for <E T="03">personal</E> use in accordance with the Federal Privacy Act of 1974 (Pub. L. 93-579) by contacting the NDR at the following address: National Driver Register, Nassif Building, 400 7th Street, SW., Washington, DC 20590.</P> <P>(i) Applicants should request Form NDR-PRV or provide the following information on a notarized letter:</P> <P>(A) Full legal name;</P> <P>(B) Other names used;</P> <P>(C) Complete mailing address;</P> <P>(D) Driver license number;</P> <P>(E) Eye color;</P> <P>(F) Social security number;</P> <P>(G) Height;</P> <P>(H) Weight; and</P> <P>(I) Sex.</P> <P>(ii) The NDR will respond to every valid inquiry including requests which produce no record(s) on the NDR file. Records can be made available, within a reasonable amount of time after the request, for personal inspection and copying during regular working hours at 7:45 a.m. to 4:15 p.m., each day except Federal holidays.</P> <GPOTABLE CDEF="xs60,xs90,r100" COLS="3" OPTS="L2,i1"> <TTITLE>Table 10.201(i)—<E T="04">Guidelines for Evaluating Applicants for Licenses and Certificates of Registry Who Have NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol \1\</E> </TTITLE> <BOXHD> <CHED H="1">No. of convictions</CHED> <CHED H="1">Date of conviction</CHED> <CHED H="1">Assessment period</CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>Less than 1 year</ENT> <ENT>1 year from date of conviction.</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>More than 1, less than 3 years</ENT> <ENT>Application will be processed, unless suspension or revocation <SU>2</SU> is still in effect. Applicant will be advised that additional conviction(s) may jeopardize merchant mariner credentials.</ENT> </ROW> <ROW> <ENT I="01">1</ENT> <ENT>More than 3 years old</ENT> <ENT>Not necessary unless suspension or revocation is still in effect.</ENT> </ROW> <ROW> <ENT I="01">2 or more</ENT> <ENT>Any less than 3 years old</ENT> <ENT>1 year since last conviction and at least 3 years from 2nd most recent conviction, unless suspension or revocation is still in effect.</ENT> </ROW> <ROW> <ENT I="01">2 or more</ENT> <ENT>All more than 3 years old</ENT> <ENT>Application will be processed unless suspension or revocation is still in effect.</ENT> </ROW> <TNOTE> <SU>1</SU> Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug shall meet the requirements of paragraph (b) of this section.</TNOTE> <TNOTE> <SU>2</SU> Suspension or revocation, when referred to in table 10.201(i), means a State suspension or revocation of a motor vehicle operator's license.</TNOTE> </GPOTABLE> <P>(j) If an applicant has one or more alcohol or dangerous drug related criminal or NDR listed convictions; if the applicant has ever been the user of, or <PRTPAGE P="112"/>addicted to the use of, a dangerous drug; or if the applicant applies before the minimum assessment period for his or her conviction has elapsed; the OCMI may consider the following factors, as applicable, in assessing the applicant's suitability to hold a license or certificate of registry. This list is intended as a guide for the OCMI. The OCMI may consider other factors which he or she judges appropriate to a particular applicant, such as:</P> <P>(1) Proof of completion of an accredited alcohol- or drug-abuse rehabilitation program.</P> <P>(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous.</P> <P>(3) Character references from persons who can attest to the applicant's sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers.</P> <P>(4) Steady employment.</P> <P>(5) Successful completion of all conditions of parole or probation.</P> <CITA>[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 133, Jan. 4, 1989; CGD 81-059a, 55 FR 14799, Apr. 18, 1990; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65484, Dec. 19, 1995; CGD 95-062, 62 FR 34529, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.202</SECTNO> <SUBJECT>Issuance of licenses, certificates of registry, and STCW certificates or endorsements.</SUBJECT> <P>(a) Applications for original licenses, original certificates of registry, raises of grade, extensions of route, or endorsements must be current and up-to-date with respect to service and the physical examination, as appropriate. Physical examinations and approved applications are valid for 12 months.</P> <P>(b) Any person who is found qualified under the requirements set forth in this part is issued an appropriate license or certificate of registry valid for a term of 5 years from date of issuance. Any license or certificate of registry which is renewed or upgraded prior to its expiration date automatically becomes void upon issuance of the replacement license or certificate of registry.</P> <P>(c) A license or certificate of registry is not valid until signed by the applicant and the OCMI (or the OCMI's designated representative).</P> <P>(d) Every person who receives an original license or certificate of registry shall take an oath before a designated Coast Guard official that he or she will faithfully and honestly, according to his or her best skill and judgment, without concealment or reservation, perform all the duties required by law and obey all lawful orders of superior officers. Such an oath remains binding for all subsequent licenses or certificates of registry issued to that person unless specifically renounced in writing.</P> <P>(e) The applicant for any original license, endorsement, or raise of grade of license must have at least three months’ qualifying service on vessels of appropriate tonnage or horsepower within the three years immediately preceding the date of application.</P> <P>(f) Any applicant whose uncorrected vision exceeds 20/40 in either eye for deck licenses or 20/50 in either eye for engineer, radio officer, offshore installation manager, barge supervisor, or ballast control operator licenses may not serve under the authority of the license unless corrective lenses are worn and spare lenses are carried on board a vessel while serving. (Not applicable to staff officers).</P> <P>(g) If an Officer in Charge, Marine Inspection, refuses to grant an applicant the license or certificate of registry for which applied, the OCMI will furnish the applicant, if requested, a written statement setting forth the cause of denial.</P> <P>(h) The Officer in Charge, Marine Inspection, may modify the service and examination requirements in this part to satisfy the unique qualification requirements of an applicant. The Officer in Charge, Marine Inspection, may also lower the age requirement for operator of uninspected passenger vessels license applicants. The authority granted by a license will be restricted on its face to reflect any modifications made under the authority of this paragraph. Such restrictions shall not be removed without the approval of the OCMI issuing the license.</P> <P>(i) To obtain an original issuance or a renewal of a license or a certificate of registry, a raise in grade of a license, <PRTPAGE P="113"/>or a higher grade of certificate of registry each applicant shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a license or certificate of registry.</P> <P>(j) When an original license is issued, renewed, upgraded, or otherwise modified, the OCMI will determine whether the holder of the license needs to hold an STCW certificate or endorsement for service on a seagoing vessel and then, if the holder is qualified, will issue the appropriate certificate or endorsement. The OCMI will also issue an STCW certificate or endorsement at other times, if circumstances so require and if the holder of the license is qualified to hold the certificate or endorsement.</P> <P>(k) Notwithstanding § 10.205 (l), (m), (n), (o), and (p), § 10.304, and § 10.901, each mariner found qualified to hold any of the following licenses will also be entitled to hold an STCW certificate or endorsement corresponding to the service or other limitations on the license, because the vessels concerned are not subject to further obligation under STCW, on account of their special operating conditions as small vessels engaged in domestic voyages:</P> <P>(1) Master's, mate's, or engineer's license for service on small passenger vessels that are subject to subchapter T or K of title 46, Code of Federal Regulations (CFR), and that operate beyond the boundary line.</P> <P>(2) Master's, mate's, or engineer's license for service on seagoing vessels of less than 200 gross register tons (GRT), other than passenger vessels subject to subchapter H of title 46, CFR.</P> <P>(l) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need hold STCW certificates or endorsements, because they are exempt from application of STCW:</P> <P>(1) Uninspected passenger vessels as defined in 46 U.S.C. 2101(42).</P> <P>(2) Fishing vessels as defined in 46 U.S.C. 2101(11)(a).</P> <P>(3) Fishing vessels used as fish-tender vessels as defined in 46 U.S.C. 2101(11)(c).</P> <P>(4) Barges as defined in 46 U.S.C. 2101(2), including non-self-propelled mobile offshore-drilling units.</P> <P>(5) Vessels operating exclusively on the Great Lakes or the inland waters of the U.S. in the straits of Juan de Fuca inside passage.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 53 FR 133, Jan. 4, 1989; CGD 91-211, 59 FR 49297, Sept. 27, 1994; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 95-062, 62 FR 34529, June 26, 1997; CGD 95-062, 62 FR 40140, July 25, 1997; CGD 95-062, 62 FR 40281, July 28, 1997; CGD 95-028, 62 FR 51195, Sept. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.203</SECTNO> <SUBJECT>Quick reference table for license and certificate of registry requirements.</SUBJECT> <P>Table 10.203 provides a guide to the requirements for various licenses and certificates of registry. Provisions in the reference section are controlling.<PRTPAGE P="114"/> </P> <GPOTABLE CDEF="s80,r40,r40,r40,r40,r40,r40,r40,r40,r40" COLS="10" OPTS="L2,i1"> <TTITLE>Table 10.203</TTITLE> <BOXHD> <CHED H="1">License category</CHED> <CHED H="1">Minimum age</CHED> <CHED H="1">Citizenship requirement</CHED> <CHED H="1">Physical required</CHED> <CHED H="1">Experience requirements</CHED> <CHED H="1">Recommendations and character check</CHED> <CHED H="1">Firefighting certificate</CHED> <CHED H="1">Professional exam requirements</CHED> <CHED H="1">Recency of Service</CHED> <CHED H="1">First aid and CPR requirements</CHED> </BOXHD> <ROW> <ENT I="01">Masters/mates and operators of uninspected passenger vessels (original license) </ENT> <ENT>21; 10.201(f); Note: exceptions </ENT> <ENT>Yes, 10.201(e); Note: exception </ENT> <ENT>Yes, 10.205(d); Note: (d)(2) </ENT> <ENT>Yes, 10.205(e); subpart D </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>Yes, 10.205(g); Note: exceptions </ENT> <ENT>Yes, 10.205(i), 10.910; Note: 10.903(b) </ENT> <ENT>Yes, 3 months past 36 months, 10.202(e) </ENT> <ENT>Yes, in 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">Engineers (original license) </ENT> <ENT>21;10.201(f); Note: exceptions </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.205(d); Note: (d)(3) </ENT> <ENT>10.205(e); subpart E </ENT> <ENT>Yes, 10.205(f); </ENT> <ENT>Yes, 10.205(g) </ENT> <ENT>Yes, 10.205(i) 10.950 </ENT> <ENT>Yes, 3 months in past 36 months, 10.202(e) </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">All raises of grade </ENT> <ENT>21; 10.201(f); Note: exceptions </ENT> <ENT>Yes </ENT> <ENT>10.207(e); Note: (e)(1) </ENT> <ENT>10.207(c); subparts D & E </ENT> <ENT>N/A </ENT> <ENT>Yes, Note: 10.207(f) </ENT> <ENT>10.207(d). 10.910. 10.920. 10.950 </ENT> <ENT>Yes, 3 months in past 36 months 10.202(e) </ENT> <ENT>N/A.</ENT> </ROW> <ROW> <ENT I="01">License renewals </ENT> <ENT>N/A </ENT> <ENT>Yes </ENT> <ENT>10.209(d) </ENT> <ENT>10.209(c) </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>10.209(c) </ENT> <ENT>10.209(c) </ENT> <ENT>N/A.</ENT> </ROW> <ROW> <ENT I="01">COR renewals </ENT> <ENT>N/A </ENT> <ENT>Yes </ENT> <ENT>No </ENT> <ENT>10.209(c)(5) </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A.</ENT> </ROW> <ROW> <ENT I="01">Pilot </ENT> <ENT>21 </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.709 </ENT> <ENT>10.703, 10.706(a), 10.715 </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>N/A </ENT> <ENT>10.707, 10.910 </ENT> <ENT>Yes, 10.703, 10.705(e), 10.713 </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">Uninspected fishing industry vessels </ENT> <ENT>21; 10.201(f); Note: exceptions </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.205(d); Note: (d)(2) or (d)(3) </ENT> <ENT>Deck: 10.462, Eng: 10530, 10.205(f) </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>Yes, 10.205(g) </ENT> <ENT>Yes, 10.205(i). 10.910. 10.950(oral) </ENT> <ENT>Yes, 3 months in past 36 months 10.202(e) </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">Uninspected towing vessels </ENT> <ENT>Operator:21; 2/c operator: 19 </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.205(d); Note: (d)(2) </ENT> <ENT>10.464 </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>Yes, 10.205(g) oceans </ENT> <ENT>Yes, 10.205(i). 10.910 </ENT> <ENT>Yes, 3 months in past 36 months, 10.202(e) </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">Radio officer </ENT> <ENT>19 </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.205(d); Note: (d)(3) </ENT> <ENT>10.603 </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> <ROW> <ENT I="01">Staff officer </ENT> <ENT>21 </ENT> <ENT>Yes </ENT> <ENT>No </ENT> <ENT>10.807 </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A </ENT> <ENT>N/A.</ENT> </ROW> <ROW> <ENT I="01">Offshore installation manager, barge supervisor, ballast control operator </ENT> <ENT>21; 10201(f); Note: exceptions </ENT> <ENT>Yes </ENT> <ENT>Yes, 10.205(d); Note: (d)(3) </ENT> <ENT>Deck: 10.468, Eng: 10.540 </ENT> <ENT>Yes, 10.205(f) </ENT> <ENT>Yes, 10.205(g) </ENT> <ENT>Yes, 10.205(i). 10.920 </ENT> <ENT>Yes, 3 months in past 36 months, 10.202(e) </ENT> <ENT>Yes, 10.205(h).</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s200,r200" COLS="2" OPTS="L0,7/8"> <ROW EXPSTB="01"> <ENT I="11"> <E T="11">[CGD 91-211, 59 FR 49297, Sept. 27, 1994; CGD 91-211, 59 FR 50964, Oct. 6, 1994]</E> </ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <PRTPAGE P="115"/> <SECTNO>§ 10.204</SECTNO> <SUBJECT>Right of appeal.</SUBJECT> <P>Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.</P> <CITA>[CGD 88-033, 54 FR 50379, Dec. 6, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.205</SECTNO> <SUBJECT>Requirements for original licenses, certificates of registry, and STCW certificates and endorsements.</SUBJECT> <P>(a) <E T="03">General.</E> The applicant for an original license or certificate of registry shall present satisfactory documentary evidence of eligibility in respect to the requirements of this section. Each applicant shall make written application on a Coast Guard furnished form and, unless exempted under § 10.112, submit the evaluation fee set out in § 10.109.</P> <P>(b) <E T="03">Minimum age.</E> The applicant shall present satisfactory proof of age as prescribed in § 10.201(f). This evidence may be any of the items submitted to establish citizenship.</P> <P>(c) <E T="03">Citizenship.</E> (1) The OCMI may reject any evidence of citizenship that is not believed to be authentic. Acceptable evidence of citizenship may be an original or certified copy of the following:</P> <P>(i) Birth certificate or birth registration.</P> <P>(ii) Certificate of naturalization (original must be presented; photocopies are unlawful).</P> <P>(iii) Baptismal certificate or parish record recorded within one year after birth.</P> <P>(iv) Statement of a practicing physician certifying attendance at the birth and who possesses a record showing the date and location at which it occurred.</P> <P>(v) State Department passport.</P> <P>(vi) A merchant mariner's document issued by the Coast Guard which shows the holder as a United States citizen.</P> <P>(vii) Delayed certificate of birth issued under a state seal in the absence of any collateral facts indicating fraud in its procurement.</P> <P>(viii) Certificate of Citizenship issued by the United States Immigration and Naturalization Service.</P> <P>(2) If none of the requirements set forth in paragraphs (c)(1)(i) through (c)(1)(viii) of this section can be met by the applicant, the individual shall make a statement to that effect, and may submit data of the following character for consideration:</P> <P>(i) Report of the Census Bureau showing the earliest available record of age or birth. Request for such information should be addressed to the Personal Census Service Branch, Bureau of the Census, Pittsburgh, KS 66762. In making such request, the use of Form BC-600, Application for Search of Census Records, furnished by the Bureau is required.</P> <P>(ii) Affidavits of parents, relative, or two or more responsible citizens of the United States stating citizenship.</P> <P>(iii) School records, immigration records, or insurance policies.</P> <P>(d) <E T="03">Physical examination.</E> (1) All applicants for an original license must pass an examination given by a licensed physician or a licensed physician assistant and present to the OCMI a completed Coast Guard physical examination form, or the equivalent, executed by the physician. This form must provide information on the applicant's acuity of vision, color sense, and general physical condition. This examination must have been completed prior to submission of the application and not more than 12 months prior to issuance of the license. (Physical examinations are not required for staff officers.)</P> <P>(2) For an original license as master, mate, pilot, or operator, the applicant must have vision correctable to at least 20/40 in each eye and uncorrected vision of at least 20/200 in each eye. The color sense must be determined to be satisfactory when tested by any of the following methods, without the use of color sensing lenses:</P> <P>(i) Pseudoisochromatic Plates (Dvorine, 2nd Edition; AOC; revised edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate editions).</P> <P>(ii) Eldridge—Green Color Perception Lantern.</P> <P>(iii) Farnsworth Lantern.</P> <P>(iv) Keystone Orthoscope.</P> <P>(v) Keystone Telebinocular.</P> <P>(vi) SAMCTT (School of Aviation Medicine Color Threshold Tester).</P> <P>(vii) Titmus Optical Vision Tester.</P> <P>(viii) Williams Lantern.</P> <P>(3) For an original license as engineer, radio officer, offshore installation <PRTPAGE P="116"/>manager, barge supervisor or ballast control operator, the applicant must have correctable vision of at least 20/50 in each eye and uncorrected vision of at least 20/200 in each eye. Applicants need only to have the ability to distinguish the colors red, green, blue and yellow.</P> <P>(4) Where an applicant does not possess the vision, hearing, or general physical condition necessary, the OCMI, after consultation with the examining physician or physician's assistant, may recommend a waiver to the Commandant if extenuating circumstances warrant special consideration. Applicants may submit to the OCMI, additional correspondence, records and reports in support of this request. In this regard, recommendations from agencies of the Federal Government operating government vessels, as well as owners and operators of private vessels, made in behalf of their employees, will be given full consideration. Waivers are not normally granted to an applicant whose corrected vision in the better eye is not at least 20/40 for deck licenses or 20/50 for engineer licenses.</P> <P>(e) <E T="03">Experience or training.</E> (1) All applicants for original licenses and certificates of registry shall present to the OCMI, letters, discharges, or other documents certifying the amount and character of their experience and the names, tonnage and horsepower of the vessels on which acquired. The OCMI must be satisfied as to the authenticity and acceptability of all evidence of experience or training presented. Certificates of discharge are returned to the applicant. The OCMI shall note on the application that service represented by these documents has been verified. All other documentary evidence of service, or authentic copies thereof, are filed with the application. A license is not considered as satisfactory evidence of any qualifying experience.</P> <P>(2) No original license or certificate of registry may be issued to any naturalized citizen on less experience in any grade or capacity than would have been required of a citizen of the United States by birth.</P> <P>(3) Experience and service acquired on foreign vessels is creditable for establishing eligibility for an original license, subject to evaluation by the OCMI to determine that it is a fair and reasonable equivalent to service acquired on merchant vessels of the United States, with respect to grade, tonnage, horsepower, waters, and operating conditions. An applicant who has obtained qualifying experience on foreign vessels shall submit satisfactory documentary evidence of such service (including any necessary translation into English) in the forms prescribed by paragraph (e)(1) of this section.</P> <P>(4) No applicant for an original license who is a naturalized citizen, and who has obtained experience on foreign vessels, will be given an original license in a grade higher than that upon which he or she has actually served while acting under the authority of a foreign license.</P> <P>(f) <E T="03">Character check and references.</E> (1) Each applicant for an original license shall submit written recommendations concerning the applicant's suitability for duty from a master and two other licensed officers of vessels on which the applicant has served. For a license as engineer or as pilot, at least one of the recommendations must be from the chief engineer or licensed pilot, respectively, of a vessel on which the applicant has served. For a license as engineer where service was obtained on vessels not carrying a licensed engineer and for a license as operator of uninspected towing vessels, the recommendations may be by recent marine employers with at least one recommendation from a master, operator, or person in charge of a vessel upon which the applicant has served. For a license as offshore installation manager, barge supervisor, or ballast control operator, at least one recommendation must be from an offshore installation manager of a unit on which the applicant has served. Where an applicant qualifies for a license through an approved training school, one of the character references must be an official of that school. For a license for which no commercial experience may be required, such as: Master or mate 25-200 gross tons, operator of uninspected passenger vessels, radio officer or certificate of registry, the applicant may have the written recommendations of three persons who <PRTPAGE P="117"/>have knowledge of the applicant's suitability for duty.</P> <P>(2) The OCMI may review the criminal record check of each applicant for an original license or certificate of registry according to the procedures set forth in § 10.201(h).</P> <P>(3) A person may apply for an original license, or license of a different type, while on probation as a result of administrative action under part 5 of this chapter. The offense for which the applicant was placed on probation will be considered in determining his or her fitness to hold the license applied for. A license issued to an applicant on probation will be subject to the same probationary conditions as were imposed against the applicant's other license or mariner's document. An applicant may not take an examination for a license during any period when a suspension without probation or a revocation is effective against the applicant's currently held license or mariner's document, or while an appeal from these actions is pending.</P> <P>(4) In the event a license or certificate of registry has already been issued when information about the applicant's habits of life and character is brought to the attention of the OCMI, if such information warrants the belief that the applicant cannot be entrusted with the duties and responsibilities of the license or certificate of registry issued, or if such information indicates that the application for the license or certificate of registry was false or incomplete, the OCMI may notify the holder in writing that the license or certificate of registry is considered null and void, direct the holder to return it to the OCMI, and advise the holder that, upon return of the license or certificate of registry, the appeal procedures of § 10.204 of this part apply.</P> <P>(g) <E T="03">Firefighting certificate.</E> Applicants for the licenses in the following categories must present a certificate of completion from a firefighting course of instruction which has been approved by the Commandant. The course must meet both the basic and advanced sections of the International Maritime Organization's (IMO) Resolution A.437 (XI) <E T="03">Training of Crews in Firefighting</E>. The course must have been completed within five years before the date of application for the license requested.</P> <P>(1) Master's license for service on vessels of 200 gross tons or less in ocean service.</P> <P>(2) All master or mate's licenses for over 200 gross tons.</P> <P>(3) All operators of uninspected towing vessels, oceans (domestic trade).</P> <P>(4) All licenses on mobile offshore drilling units.</P> <P>(5) All engineer's licenses.</P> <P>(h) <E T="03">First aid and cardiopulmonary resuscitation (CPR) course certificates.</E> All applicants for an original license or certificate of registry, except as provided in §§ 10.429, 10.456, and 10.466 of this part, must present to the OCMI:</P> <P>(1) A certificate indicating completion of a first aid course within the past 12 months from:</P> <P>(i) The American National Red Cross <E T="03">Standard First Aid and Emergency Care</E> or <E T="03">Multi-media Standard First Aid</E> course;</P> <P>(ii) A Coast Guard approved first aid training course; or,</P> <P>(iii) A course the OCMI determines meets or exceeds the standards of the American Red Cross courses; and,</P> <P>(2) A currently valid certificate of completion of a CPR course from:</P> <P>(i) The American National Red Cross;</P> <P>(ii) The American Heart Association;</P> <P>(iii) A Coast Guard approved CPR training course; or,</P> <P>(iv) A course the OCMI determines meets or exceeds the standards of the American Red Cross or American Heart Association courses.</P> <P>(i) <E T="03">Professional Examination.</E> (1) When the OCMI finds the applicant's experience and training to be satisfactory and the applicant is eligible in all other respects, the OCMI will authorize the examination in accordance with the following requirements:</P> <P>(i) Any applicant for a deck or engineer license limited to vessels not exceeding 500 gross tons, or a license limited to uninspected fishing-industry vessels, may request an oral-assisted examination in lieu of any written or other textual examination. If there are textual questions that the applicant has difficulty reading and understanding, the OCMI will offer the oral-assisted examination. Each license based <PRTPAGE P="118"/>on an oral-assisted examination is limited to the specific route and type of vessel upon which the applicant obtained the majority of service.</P> <P>(ii) The general instructions for administration of examinations and the lists of subjects for all licenses appear in Subpart I of this part. The OCMI will place in the applicant's file a record indicating the subjects covered.</P> <P>(2) When the license application of any person has been approved, the applicant should take the required examination as soon as practicable. If the applicant cannot be examined without delay at the office where the application is made, the applicant may request that the examination be given at another office.</P> <P>(3) The qualification requirements for <E T="03">radar observer</E> are contained in § 10.480.</P> <P>(4) An examination is not required for a license as radio officer or a certificate of registry.</P> <P>(j) <E T="03">Chemical testing for dangerous drugs.</E> To obtain a license or certificate of registry each applicant shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a license or certificate of registry. </P> <P>(k) <E T="03">National Driver Register.</E> Each applicant for an original license or certificate of registry shall consent to an NDR check under § 10.201(i).</P> <P>(l) <E T="03">Basic safety training or instruction.</E> After January 31, 1997, except as provided in § 10.202, an STCW certificate or endorsement valid for any period on or after February 1, 2002, will be issued only when the candidate provides evidence of having achieved or, if training has been completed, having maintained the minimum standards of competence for the following 4 areas of basic safety within the previous 5 years upon assessment of a practical demonstration of skills and abilities:</P> <P>(1) Personal survival techniques as set out in table A-VI/1-1 of the STCW Code.</P> <P>(2) Fire prevention and fire-fighting as set out in table A-VI/1-2 of the STCW Code.</P> <P>(3) Elementary first aid as set out in table A-VI/1-3 of the STCW Code.</P> <P>(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of the STCW Code.</P> <P>(m) <E T="03">Competence in the use of Automatic Radar-Plotting Aids (ARPA).</E> (1) Subject to paragraph (m)(2) of this section, and except as otherwise provided in § 10.202, each candidate for an STCW certificate or endorsement as master or mate, to be valid on or after February 1, 2002, for service on vessels in ocean or near-coastal service, shall present a certificate of completion from an approved course or from accepted training on an ARPA simulator. The course or training must be sufficient to establish that the applicant is competent to maintain safe navigation through the proper use of ARPA, by correctly interpreting and analyzing the information obtained from that device and taking into account both the limitations of the equipment and the prevailing circumstances and conditions. The simulator used in the course or training must meet or exceed the performance standards established under STCW Regulation I/12 of the 1995 Amendments.</P> <P>(2) Training and assessment in the use of ARPA are not required for mariners serving exclusively on vessels not fitted with ARPA. However, when any mariner so serving has not completed it, his or her STCW certificate or endorsement will be endorsed to indicate this limitation.</P> <P>(n) <E T="03">Certificate for operator of radio in the Global Maritime Distress and Safety System (GMDSS).</E> (1) Subject to paragraph (n)(2) of this section, and except as otherwise provided by § 10.202, each candidate for an STCW certificate or endorsement as master or mate, to be valid on or after February 1, 2002, for service in vessels in ocean or near-coastal service, shall present—</P> <P>(i) A certificate for operator of radio in the GMDSS issued by the Federal Communication Commission (FCC); and</P> <P>(ii) A certificate of completion from a Coast Guard-approved or accepted course for operator of radio in the GMDSS or from another approved or accepted program of training and assessment covering the same areas of <PRTPAGE P="119"/>competence. The course or program must be sufficient to establish that the applicant is competent to perform radio duties on a vessel participating in the GMDSS and meets the standard of competence under STCW Regulation IV/2.</P> <P>(2) Paragraph (n)(1) of this section does not apply to a candidate intending to serve only as a pilot, or intending to serve only on vessels not required to comply with the provisions of the GMDSS in Chapter IV of the Convention for the Safety of Life at Sea, 1974, as amended (SOLAS).</P> <P>(3) Each candidate presenting a certificate described in paragraph (n)(1) of this section may have his or her STCW certificate suitably endorsed with his or her GMDSS qualification.</P> <P>(o) <E T="03">Procedures for bridge team work.</E> Except as otherwise provided by § 10.202, each candidate for an STCW certificate or endorsement as master or mate, to be valid on or after February 1, 2002, for service on vessels in ocean or near-coastal service, shall present sufficient documentary proof that he or she understands and can effectively apply procedures for bridge team work as an essential aspect of maintaining a safe navigational watch, taking into account the principles of bridge-resource management enumerated in Section B-VIII/2 of the STCW Code.</P> <P>(p) <E T="03">Practical demonstration of skills.</E> Each candidate for an original license shall successfully complete any practical demonstrations required under this part and appropriate to the particular license concerned, to prove that he or she is sufficiently proficient in skills required under subpart I of this part. The OCMI must be satisfied as to the authenticity and acceptability of all evidence that each candidate has successfully completed the demonstrations required under this part in the presence of a designated examiner. The OCMI will place in the file of each candidate a written or electronic record of the skills required, the results of the practical demonstrations, and the identification of the designated examiner in whose presence the requirements were fulfilled.</P> <CITA>[CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38666, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 133, Jan. 4, 1989; CGD 81-059a, 55 FR 14799, Apr. 18, 1990; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; CGD 94-029, 61 FR 47063, Sept. 6, 1996; CGD 95-062, 62 FR 34530, June 26, 1997; CGD 95-062, 62 FR 40281, July 28, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.207</SECTNO> <SUBJECT>Requirements for raises of grades of licenses.</SUBJECT> <P>(a) <E T="03">General.</E> Before any person is issued a raise of grade of license, the applicant shall present satisfactory documentary evidence of eligibility. Each applicant shall make written application on a Coast Guard furnished form and, unless exempted under § 10.112, submit the evaluation fee set out in § 10.109.</P> <P>(b) <E T="03">Surrendering old license.</E> Upon the issuance of a new license for raise of grade, the applicant shall surrender the old license to the OCMI. If requested, the old license is returned to the applicant after cancellation.</P> <P>(c) <E T="03">Age, experience, training, and assessment.</E> (1) Each applicant for a raise of grade of license shall establish that he or she possesses the age, experience, and training necessary, and has been examined and otherwise assessed as may be required by this part to establish competence to hold the particular license requested, before he or she is entitled to a raise in grade of license.</P> <P>(2) Applicants for raise of grade of license shall present to the OCMI at a Regional Examination Center, letters, discharges, or other official documents certifying to the amount and character of their experience and the names of the vessels on which acquired. Certificates of discharge are returned to the applicant after review by the OCMI. All other documentary evidence of service, or copies thereof, are filed with the application.</P> <P>(3) Sea service acquired prior to the issuance of the license held is generally not accepted as any part of the service required for raise of grade of that license. However, service acquired prior to issuance of a license will be accepted <PRTPAGE P="120"/>for certain crossovers, endorsements or increases in scope of a license, as appropriate. In the limited tonnage categories for deck licenses, total accumulated service is a necessary criterion for most raises in grade; service acquired prior to the issuance of such licenses will, therefore, be accepted.</P> <P>(4) No raise of grade of license may be issued to any naturalized citizen on less experience in any grade than would have been required of a citizen of the United States by birth.</P> <P>(5) Experience and service acquired on foreign vessels while holding a valid U. S. license is creditable for establishing eligibility for a raise of grade, subject to evaluation by the OCMI to determine that it is a fair and reasonable equivalent to service acquired on merchant vessels of the United States, with respect to grade, tonnage, horsepower, waters and operating conditions. An applicant who has obtained the qualifying experience on foreign vessels shall submit satisfactory documentary evidence of such service (including any necessary translations into English) in the forms prescribed by paragraph (c)(2) of this section.</P> <P>(6) An applicant remains eligible for a raise of grade of license while on probation as a result of action under part 5 of this chapter. A raise of grade of license issued to a person on probation will be subject to the same probationary conditions imposed against the applicant's other certificates or licenses. The offense for which he or she was placed on probation will be considered on the merits of the case in determining fitness to hold the license applied for. No applicant will be examined for a raise of grade of license during any period when a suspension without probation or a revocation imposed under part 5 of this chapter is effective against the applicant's license or certificate or while an appeal from these actions is pending.</P> <P>(d) <E T="03">Professional Examination.</E> (1)(i) When the OCMI finds an applicant's experience and training for raise of grade to be satisfactory and the applicant is eligible in all other respects, the OCMI will authorize the examination. Oral-assisted examinations may be administered in accordance with § 10.205(i)(1). The OCMI will place in the applicant's file a record indicating the subjects covered.</P> <P>(ii) The general instructions for administration of examinations and the lists of subjects for all licenses appear in Subpart I of this part.</P> <P>(2) The qualification requirements for <E T="03">radar observer</E> are contained in § 10.480.</P> <P>(e) <E T="03">Physical requirements.</E> (1) An applicant for raise of grade of a license who has not had a physical examination for an original license or renewal of license within three years must submit a certification by a licensed physician or physician assistant that he or she is in good health and has no physical impairment or medical condition which would render him or her incompetent to perform the ordinary duties of the license applied for.</P> <P>(2) If the OCMI has reason to believe that an applicant for raise of grade of license suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the ordinary duties of that license, the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for an original license.</P> <P>(3) An applicant who has lost the sight of one eye may obtain a raise of grade of license, provided that the applicant is qualified in all other respects and that the visual acuity in the one remaining eye passes the test required under § 10.205(d).</P> <P>(f) <E T="03">Firefighting certificate.</E> Applicants for raise of grade of license who have not previously met the requirements in § 10.205(g), must do so.</P> <P>(g) <E T="03">Chemical testing for dangerous drugs.</E> To obtain a raise of grade of a license each applicant shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter.</P> <P>(h) <E T="03">Criminal Record Review.</E> Each applicant for a raise of grade may be required to submit to a criminal record check under § 10.201(h).</P> <P>(i) <E T="03">National Driver Register.</E> Each applicant for a raise of grade of a license shall consent to an NDR check under <PRTPAGE P="121"/>§ 10.201(i) if the license is reissued with a new expiration date.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 134, Jan. 4, 1989; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 91-223, 60 FR 4524, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; CGD 94-029, 61 FR 47063, Sept. 6, 1996; CDG 95-062, 62 FR 34530, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.209</SECTNO> <SUBJECT>Requirements for renewal of licenses, certificates of registry, and STCW certificates and endorsements.</SUBJECT> <P>(a) <E T="03">General.</E> Except as provided in paragraph (g) of this section, an applicant for renewal of a license or certificate of registry shall establish possession of all of the necessary qualifications before the license or certificate of registry is issued.</P> <P>(1) Each application must be on a Coast Guard furnished form and be accompanied by the evaluation fee set out in § 10.109. An approved application is valid for 12 months.</P> <P>(2) The applicant may apply in person at any Regional Examination Center listed in § 10.105 or may renew the license or certificate of registry by mail under paragraph (e)(3) of this section.</P> <P>(3) The applicant shall submit the original or a photocopy of the license or certificate of registry to be renewed. A photocopy will include the back and all attachments. If requested, the old license or certificate of registry will be returned to the applicant.</P> <P>(b) <E T="03">Fitness.</E> No license or certificate of registry will be renewed if it has been suspended without probation or revoked as a result of action under part 5 of this chapter, or facts that would render a renewal improper have come to the attention of the Coast Guard.</P> <P>(c) <E T="03">Professional requirements.</E> (1) In order to renew a license as master, mate, engineer, pilot, or operator, the applicant shall:</P> <P>(i) Present evidence of at least 1 year of sea service during the past 5 years;</P> <P>(ii) Pass a comprehensive, open-book exercise covering the general subject matter contained in appropriate sections of subpart I of this part;</P> <P>(iii) Complete an approved refresher training course; or</P> <P>(iv) Present evidence of employment in a position closely related to the operation, construction or repair of vessels (either deck or engineer as appropriate) for at least 3 years during the past 5 years. An applicant for a deck license with this type of employment must also demonstrate knowledge on an applicable Rules of the Road exercise.</P> <P>(2) The qualification requirements for renewal of <E T="03">radar observer</E> endorsement are in § 10.480.</P> <P>(3) Additional qualification requirements for renewal of a license as pilot are contained in § 10.713.</P> <P>(4) An applicant for renewal of a radio officer's license shall, in addition to meeting the requirements of paragraphs (a) and (b) of this section, present a currently valid license as first- or second-class radiotelegraph operator issued by the Federal Communications Commission. This license will be returned to the applicant.</P> <P>(5) An applicant for renewal of a medical doctor or professional nurse certificate of registry shall, in addition to meeting the requirements of paragraphs (a) and (b) of this section, present evidence that he or she holds a currently valid appropriate license as physician, surgeon, or registered nurse issued under the authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.</P> <P>(d) <E T="03">Physical requirements.</E> (1) An applicant for renewal of a license shall submit a certification by a licensed physician or physician assistant that he or she is in good health and has no physical impairment or medical condition which would render him or her incompetent to perform the ordinary duties of that license. This certification must address visual acuity and hearing in addition to general physical condition and must have been completed within 12 months of the date of application.</P> <P>(2) If the OCMI has reason to believe that an applicant for renewal of a license suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the ordinary duties of that license, the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for original license.<PRTPAGE P="122"/> </P> <P>(3) An applicant who has lost the sight of one eye may obtain a renewal of license, provided that the applicant is qualified in all other respects and that the visual acuity in the one remaining eye passes the test required under § 10.205(d).</P> <P>(4) Physical examinations are not required for renewal of certificates of registry.</P> <P>(e) <E T="03">Special circumstances</E>—(1) <E T="03">Period of grace.</E> Except as provided herein, a license may not be renewed more than 12 months after it has expired. To obtain a reissuance of the license, an applicant must comply with the requirements of paragraph (f) of this section. When an applicant's license expires during a time of service with the Armed Forces and there is no reasonable opportunity for renewal, including by mail, this period may be extended. The period of military service following the date of license expiration which precluded renewal may be added to the 12 month period of grace. The 12 month period of grace, and any extension, do not affect the expiration date of the license. A license is not valid for use after the expiration date.</P> <P>(2) <E T="03">Renewal in advance.</E> A license or certificate of registry may not be renewed more than 12 months before expiration unless it is being renewed in conjunction with a merchant mariner's document which is either due for renewal or being endorsed, or unless the OCMI is satisfied that special circumstances exist to justify renewal.</P> <P>(3) <E T="03">Renewal by mail.</E> (i) Applications for renewal by mail of licenses or certificates of registry may be sent to the Coast Guard office that issued the license or certificate of registry or holds the applicant's file. The following documents must be submitted:</P> <P>(A) A properly completed application on a Coast Guard furnished form and the evaluation fee required by § 10.109.</P> <P>(B) The expired license or certificate of registry to be renewed; or, if it has not expired, a photocopy of the license or certificate, including the back and all attachments.</P> <P>(C) A certification from a licensed physician or physician assistant in accordance with paragraph (d) of this section for the renewal of a license.</P> <P>(D) If the applicant desires to renew a license with a radar observer endorsement, either the radar observer certificate or a certified copy.</P> <P>(E) Evidence of, or acceptable substitute for, sea service for the renewal of a license.</P> <P>(F) For a certificate of registry as a medical doctor or professional nurse, evidence that he or she holds a currently valid, appropriate license as physician, surgeon, or registered nurse, issued under the authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.</P> <P>(ii) The open-book exercise, if required, may be administered through the mail.</P> <P>(iii) Upon receipt of the renewed license or certificate of registry, the applicant shall sign it in order to validate the license or certificate.</P> <P>(4) <E T="03">Concurrent renewal of licenses, certificates of registry, and merchant mariner's documents.</E> An applicant for concurrent renewal of more than one merchant mariner credential shall satisfy the individual renewal requirements and pay the applicable fees required by §§ 10.109 and 12.02-18 of this chapter for each license, certificate of registry, or merchant mariner's document being renewed.</P> <P>(f) <E T="03">Reissuance of expired license or certificate of registry.</E> (1) Whenever an applicant applies for reissuance of a license more than 12 months after expiration, in lieu of the requirements of paragraph (c) of this section, the applicant shall demonstrate continued professional knowledge by completing a course approved for this purpose, or by passing the complete examination for that license. The examination may be oral-assisted if the expired license was awarded on an oral exam. The fees listed in § 10.109 apply to these examinations. In the case of an expired radio officer's license, the license may be issued upon presentation of a valid first- or second-class radiotelegraph operator license issued by the Federal Communications Commission.</P> <P>(2) A certificate of registry that has been expired for more than 12 months shall be renewed in the same way as a current certificate of registry. There <PRTPAGE P="123"/>are no additional requirements for reissuing certificates of registry that have been expired for more than 12 months.</P> <P>(g) <E T="03">Inactive license renewal.</E> (1) Applicants for renewal of licenses who are unwilling or otherwise unable to meet the requirements of paragraphs (c) or (d) of this section may renew their licenses, with the following restrictive endorsement placed on the back of the license: “License renewed for continuity purposes only; service under the authority of this license is prohibited.” Holders of licenses with this <E T="03">continuity endorsement</E> may have the prohibition rescinded at any time by satisfying the renewal requirements in paragraphs (c), (d), and (h) of this section.</P> <P>(2) Applications for renewal of a license with the continuity endorsement must include:</P> <P>(i) The license to be renewed, or, if it is unexpired, a photocopy of the license including the back and all attachments; and,</P> <P>(ii) A signed statement from the applicant attesting to an awareness of the restriction to be placed on the renewed license, and of the requirements for rescinding the continuity endorsement.</P> <P>(h) <E T="03">Chemical testing for dangerous drugs.</E> Except for applicants requesting an inactive license renewal under paragraph (g) of this section, each applicant for the renewal of a license or of a certificate of registry shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a license or certificate of registry.</P> <P>(i) Each applicant for a renewal may be required to consent to a criminal record check under § 10.201(h).</P> <P>(j) Each applicant for renewal of a license or certificate of registry shall consent to an NDR check under § 10.201(i).</P> <P>(k) Except as otherwise provided by § 10.202, each candidate for a renewal of an STCW certificate or endorsement as master, mate, operator, or engineer, to be valid on or after February 1, 2002, for service on any vessel in ocean or near-coastal service, shall meet the applicable requirements of paragraphs (l), (m), (n), and (o) in § 10.205 and shall meet the requirements of Section A-VI/2, paragraph 1 to 4 of the STCW Code.</P> <CITA>[CGD 91-211, 59 FR 49299, Sept. 27, 1994, as amended by CGD 91-223, 60 FR 4525, Jan. 23, 1995; CGD 91-212, 60 FR 65486, Dec. 19, 1995; CGD 95-062, 62 FR 34531, June 26, 1997; CGD 95-062, 62 FR 40281, July 28, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.211</SECTNO> <SUBJECT>Creditable service and equivalents for licensing purposes.</SUBJECT> <P>(a) Sea service may be documented for licensing purposes in various forms such as certificates of discharge, pilotage service and billing forms, and letters or other official documents from marine companies signed by appropriate officials or licensed masters. For service on vessels of under 200 gross tons, owners of vessels may attest to their own service; however, those who do not own a vessel must obtain letters or other evidence from licensed personnel or the owners of the vessels listed. The documentary evidence produced by the applicant must contain the amount and nature (e.g. chief mate. assistant engineer, etc.) of the applicant's experience, the vessel name, gross tonnage, shaft horsepower and official numbers, the routes upon which the experience was acquired, and approximate dates of service.</P> <P>(b) Port engineer, shipyard superintendent experience, instructor service, or similar related service may be creditable for a maximum of six months of service for raise of grade of an engineer or deck license, as appropriate, using the following:</P> <P>(1) Port engineer or shipyard superintendent experience is creditable on a three-for-one basis for a raise of grade. (Twelve months of experience equals four months of creditable service.)</P> <P>(2) Service as a bona fide instructor at a school of navigation or marine engineering is creditable on a two-for-one basis for a raise of grade. (Twelve months of experience equals six months of creditable service).</P> <P>(c) Service on mobile offshore drilling units is creditable for raise of grade of license. Evidence of one year's service as mate or equivalent while holding a license as third mate, or as engineering officer of the watch or equivalent <PRTPAGE P="124"/>while holding a license as third assistant engineer, is acceptable for a raise of grade to second mate or second assistant engineer, respectively; however, any subsequent raises of grade of unlimited, nonrestricted licenses must include a minimum of six months of service on conventional vessels.</P> <P>(d) Service on a Dual Mode Integrated Tug Barge (ITB) unit is creditable for original or raise of grade of any deck licenses. Service on a Dual Mode ITB with an aggregate tonnage of over 1600 gross tons is creditable on a two-for-one basis (two days experience equals one day of creditable service) for up to 50 percent of the total service on vessels over 1600 gross tons required for an unlimited license. The remaining required service on vessels of over 1600 gross tons must be obtained on conventional vessels or Push Mode ITBs.</P> <P>(e) Other experience in a marine related area, other than at sea, or sea service performed on unique vessels, will be evaluated by the OCMI and forwarded to the Commandant for a determination of equivalence to traditional service.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 135, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.213</SECTNO> <SUBJECT>Sea service as a member of the Armed Forces of the United States and on vessels owned by the United States as qualifying experience.</SUBJECT> <P>(a) Sea service as a member of the Armed Forces of the United States will be accepted as qualifying experience for an original, raise of grade, or increase in scope of all licenses. In most cases, military sea service will have been performed upon ocean waters; however, inland service, as may be the case on smaller vessels, will be credited in the same manner as conventional evaluations. The applicant must submit an official transcript of sea service as verification of the service claimed when the application is submitted. The applicant must also provide the Officer in Charge, Marine Inspection other necessary information as to tonnage, routes, horsepower, percentage of time underway, and assigned duties upon the vessels which he or she served. Such service will be evaluated by the OCMI and forwarded to the Commandant for a determination of its equivalence to sea service acquired on merchant vessels and the appropriate grade, class, and limit of license for which the applicant is eligible. Normally, 60 percent of the total time on board is considered equivalent underway service; however, the periods of operation of each vessel may be evaluated separately. In order to be eligible for a master's or chief engineer's unlimited license, the applicant must have acquired military service in the capacity of commanding officer or engineer officer, respectively.</P> <P>(b) Service in deck ratings on military vessels such as seaman apprentice, seaman, boatswain's mate, quartermaster, or radarman are considered deck service for licensing purposes. Service in other ratings may be considered if the applicant establishes that his or her duties required a watchstanding presence on or about the bridge of a vessel. Service in engineer ratings on military vessels such as fireman apprentice, fireman, engineman, machinists, mate, machinery technician or boiler tender are considered engineer service for licensing purposes. There are also other ratings such as electrician, hull technician, or damage controlman which may be credited when the applicant establishes that his or her duties required watchstanding duties in an operating engine room.</P> <P>(c) In addition to underway service, members of the Armed Forces may obtain creditable service for periods of assignment to vessels at times other than underway, such as in port, at anchor, or in training. Normally, a 25% factor is applied to these time periods. This experience can be equated with general shipboard familiarity, training, ship's business, and other related duties.</P> <P>(d) Sea service obtained on submarines is creditable, as if it were surface vessel service, for deck and engineer licenses under the provision of paragraph (a) of this section. For application to deck licenses, submarine service may be creditable if at least 25 percent of all service submitted for the license was obtained on surface vessels (e.g. If four years’ total service were <PRTPAGE P="125"/>submitted for an original license, at least one year must have been obtained on surface craft in order for the submarine service to be eligible for evaluation).</P> <P>(e) Service gained in a civilian capacity as commanding officer, master, mate, engineer, or pilot, etc., of any vessel owned and operated by the United States, in any service, in which a license as master, mate, engineer, or pilot was not required at the time of such service, is evaluated by the OCMI and forwarded to the Commandant for a determination of equivalence.</P> </SECTION> <SECTION> <SECTNO>§ 10.215</SECTNO> <SUBJECT>Modification or removal of limitations.</SUBJECT> <P>(a) If an Officer in Charge, Marine Inspection, is satisfied by the documentary evidence submitted that an applicant is entitled by experience, training, and knowledge to an endorsement or increase in the scope of any license held, any limitations which were previously placed upon the license by that OCMI may be changed. Such an increase in scope may include horsepower or tonnage limitations, or geographic route restrictions.</P> <P>(b) An OCMI may not change a limitation on any license which that office did not place thereon before full information regarding the reason for the limitation is obtained from the OCMI responsible for the limitation.</P> <P>(c) No limitation on any license may be changed before the applicant has made up any deficiency in the experience prescribed for the license or endorsement desired and passed any necessary examination.</P> </SECTION> <SECTION> <SECTNO>§ 10.217</SECTNO> <SUBJECT>Examination procedures and denial of licenses.</SUBJECT> <P>(a)(1) The examinations for all deck and engineer unlimited licenses are administered at periodic intervals. The examination fee set out in § 10.109 must be paid before the applicant may take the first examination section. If an applicant fails three or more sections of the examination, a complete reexamination must be taken, but may be taken during any of the scheduled exam periods. On the subsequent exam, if the applicant again fails three or more sections, at least 3 months must lapse before another complete examination is attempted, and a new examination fee is required. If an applicant fails one or two sections of an examination, the applicant may be retested twice on these sections during the next 3 months. If the applicant does not successfully complete these sections within the 3 month period, complete reexamination must be taken after a lapse of at least 3 months from the date of the last retest, and a new examination fee is required. The 3 month retest period may be extended by the OCMI if the applicant presents discharges documenting sea time which prevented the taking of a retest during the 3 month period. The retest period may not be extended beyond 7 months from the initial examination.</P> <P>(2) The scheduling of all other deck and engineer license examinations will be at the discretion of the OCMI. The examination fee set out in § 10.109 must be paid before the applicant may take the first examination section. In the event of a failure, the applicant may be retested twice whenever the examination can be rescheduled with the OCMI. The applicant must be examined in all of the unsatisfactory sections of the preceding examination. If the applicant does not successfully complete all parts of the examination during a 3-month period from the initial test date, a complete reexamination must be taken after a lapse of at least 2 months from the date of the last retest, and a new examination fee is required.</P> <P>(b) If the OCMI refuses to grant an applicant the license for which applied due to failing to pass a required examination, the applicant is furnished a written statement setting forth the portions of the examination which must be retaken and the date by which the examination must be completed.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 135, Jan. 4, 1989; CGD 91-002, 58 FR 15238, Mar. 19, 1993; CGD 94-029, 61 FR 47064, Sept. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.219</SECTNO> <SUBJECT>Issuance of duplicate license or certificate of registry.</SUBJECT> <P>(a) Whenever a person to whom a license or certificate of registry has been issued loses the license or certificate, that person shall report the loss to any <PRTPAGE P="126"/>OCMI. A duplicate license or certificate may be issued by an OCMI listed in the note following § 1.05(b) of this part after receiving an application with an affidavit describing the circumstances of the loss from the applicant and verification of the license or certificate record from the Regional Examination Center where it was issued or from the Commandant. The duplicate will be prepared in the same format and wording as the license or certificate being replaced. A duplicate license is issued for the unexpired term of the lost license. Duplicate licenses and certificates of registry bear the following statement: “This license (or certificate) replaces License (or Certificate) Number <E T="72">__</E> issued at <E T="72">__</E> on the above date.”</P> <P>(b) If a person loses a license or certificate of registry by shipwreck or other casualty, a reissue of that license or certificate or registry will be supplied free of charge. Other casualties include any damage to a ship caused by collision, explosion, tornado, wreck, flooding, beaching, grounding, or fire.</P> <P>(c) If a person loses a license or certificate of registry otherwise than by shipwreck or other casualty and applies for a reissue, the appropriate fee set out in § 10.109 is required.</P> <CITA>[CGD 81-059, 54 FR 135, Jan. 4, 1989; as amended by CGD 91-002, 58 FR 15238, Mar. 19, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.221</SECTNO> <SUBJECT>Parting with license.</SUBJECT> <P>The holder of a license shall not voluntarily part with it or place it beyond his or her personal control by pledging or depositing it with any other person for any purpose. If the holder violates this section, he or she may be proceeded against in accordance with the provisions of part 5 of this chapter, looking to a suspension or revocation of the license.</P> </SECTION> <SECTION> <SECTNO>§ 10.223</SECTNO> <SUBJECT>Suspension and revocation of licenses.</SUBJECT> <P>(a) When the license of any individual is revoked, it is no longer valid for any purpose and any license of the same type subsequently requested must be applied for as an original license, except as to number of issue.</P> <P>(b) No person whose license is suspended without probation or has been revoked may be issued another license without approval of the Commandant.</P> <P>(c) When a license which is about to expire is suspended, the renewal of such license will be withheld until expiration of the period of suspension.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Training Schools with Approved Courses</HD> <SECTION> <SECTNO>§ 10.301</SECTNO> <SUBJECT>Applicablilty.</SUBJECT> <P>This subpart prescribes the general requirements applicable to all approved courses which may be accepted in lieu of service experience or examination required by the Coast Guard, or which satisfy course completion requirements.</P> </SECTION> <SECTION> <SECTNO>§ 10.302</SECTNO> <SUBJECT>Course approval.</SUBJECT> <P>(a) The Coast Guard only approves courses satisfying regulatory requirements. The owner or operator of a training school desiring to have a course approved by the Coast Guard shall submit a written request through the appropriate Officer in Charge, Marine Inspection to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 510, Arlington, VA 22203-1804, that contains:</P> <P>(1) A list of the curriculum including a description of and the number of classroom hours required in each subject;</P> <P>(2) A description of the facility and equipment;</P> <P>(3) A list of instructors including the experience, background, and the qualifications of each; and</P> <P>(4) Specify the Coast Guard training requirements the course is intended to satisfy.</P> <P>(b) The Coast Guard notifies each applicant in writing whether or not an approval is granted. If a request for approval is denied, the Coast Guard informs the applicant the reasons for the denial and describes what corrections are required for an approval.</P> <P>(c) Unless sooner surrendered, suspended or revoked, an approval for a course at a training school that meets Coast Guard standards expires 24 months after the month in which it is issued, or on the date of any change in the ownership of the school for which it was issued, whichever occurs first.<PRTPAGE P="127"/> </P> <P>(d) If the owner or operator of a training school desires to have a course approval renewed, they shall submit a written request to the address listed in paragraph (a) of this section. For the request to be approved, the Coast Guard must be satisfied that the content and quality of instruction remain satisfactory. Unless sooner surrendered, suspended or revoked, a renewal of the approval expires 60 months after the month it is issued, or on the date of any change in ownership of the school for which it is issued, whichever occurs first.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.303</SECTNO> <SUBJECT>General standards.</SUBJECT> <P>Each school with an approved course must:</P> <P>(a) Have a well maintained facility that accommodates the students in a safe and comfortable environment conducive to learning.</P> <P>(b) Have visual aids for realism, including simulators where appropriate, which are modern and well maintained and sufficient for the number of students to be accommodated.</P> <P>(c) Give appropriate written or practical examinations in the course material to each student of such a degree of difficulty that a student who successfully completes them could reasonably assume that he or she would pass, on the first attempt, an examination prepared by the Coast Guard based upon knowledge requirements of the position or endorsement for which the student is being trained.</P> <P>(d) Keep for at least one year after the end of each student's enrollment:</P> <P>(1) Each written examination, or in the case of a practical test, a report of such test; and</P> <P>(2) A record of each student's classroom attendance.</P> <P>(e) Not change its approved curriculum unless approved, in writing, after the request for change has been submitted in writing through the appropriate Officer in Charge, Marine Inspection to the Commanding Officer, National Maritime Center, NMC-4B.</P> <P>(f) At any time the Officer in Charge, Marine Inspection shall direct, allow the Coast Guard to:</P> <P>(1) Inspect its facilities, equipment, and records, including scholastic records;</P> <P>(2) Conduct interviews and surveys of students to aid in course evaluation and improvement;</P> <P>(3) Assign personnel to observe or participate in the course of instruction; and</P> <P>(4) Supervise or administer the required examinations or practical demonstrations.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.304</SECTNO> <SUBJECT>Substitution of training for required service, and use of training-record books.</SUBJECT> <P>(a) Satisfactory completion of certain training courses approved by the Commandant may be substituted for a portion of the required service for many deck and engineer licenses and for qualified ratings of unlicensed personnel. The list of all currently approved courses of instruction including the equivalent service and applicable licenses and ratings is maintained by Commanding Officer, National Maritime Center, NMC-4B. Satisfactory completion of an approved training course may be substituted for not more than two-thirds of the required service on deck or in the engine department for deck or engineer licenses, respectively, and for qualified ratings.</P> <P>(b) Service time gained at an approved training course does not satisfy recent service requirements nor does training on a simulator; however, any underway service at an approved course may be used for this purpose. An applicant who had met the recent service requirement before entering school will not be penalized by attending the approved training course.</P> <P>(c) Training obtained prior to receiving a license may not be used for subsequent raises of grade.</P> <P>(d) Simulator training in combination with a Coast Guard approved training course may be submitted to the Commanding Officer, National Maritime Center, for evaluation and <PRTPAGE P="128"/>determination of equivalency to required sea service. Simulator training cannot be substituted for recency requirements, but may substitute for a maximum of 25 percent of the required service for any license transaction.</P> <P>(e) Except as provided in § 10.202, when a candidate both applies for an STCW certificate or endorsement as an officer in charge of a navigational watch, on the basis of training or sea service commencing on or after August 1, 1998, and uses completion of approved training to substitute for required service, then not less than 1 year of the remaining service must be part of approved training that meets the appropriate requirements of Chapter II of STCW and the requirements of subpart C of this part. The training of a candidate must be documented in a Coast Guard-accepted training-record book.</P> <P>(f) Except as provided in § 10.202, each candidate who applies for an STCW certificate or endorsement as an officer in charge of an engineering watch or as a designated duty engineer on the basis of training or sea service commencing on or after August 1, 1998, for service on seagoing vessels, shall complete onboard training as part of approved training that meets the appropriate requirements of Chapter III of STCW and the requirements of subpart C of this part. The training must be documented in a Coast Guard-accepted training-record book.</P> <P>(g) The training-record book referred to in paragraphs (e) and (f) of this section must contain at least the following:</P> <P>(1) The identity of the candidate.</P> <P>(2) The tasks to be performed or the skills to be demonstrated, with reference to the standards of competence set forth in the tables of the appropriate sections in part A of the STCW Code.</P> <P>(3) The criteria to be used in determining that the tasks or skills have been performed properly, again with reference to the standards of competence set forth in the tables of the appropriate sections in part A of the STCW Code.</P> <P>(4) A place for a qualified instructor to indicate by his or her initials that the candidate has received training in the proper performance of the task or skill.</P> <P>(5) A place for a designated examiner to indicate by his or her initials that the candidate has successfully completed a practical demonstration and has proved competent in the task or skill under the criteria, when assessment of competence is to be documented in the record books.</P> <P>(6) The identity of each qualified instructor, including any Coast Guard license or document held, and the instructor's signature.</P> <P>(7) The identity of each designated examiner, when any assessment of competence is recorded, including any Coast Guard license or document held, and the examiner's signature confirming that his or her initials certify that he or she has witnessed the practical demonstration of a particular task or skill by the candidate.</P> <P>(h) The training-record book referred to in paragraphs (e) and (f) of this section may be maintained electronically, if the electronic record meets Coast Guard-accepted standards for accuracy, integrity, and availability.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 135, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 95-062, 62 FR 34531, June 26, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.305</SECTNO> <SUBJECT>Radar-Observer certificates and qualifying courses.</SUBJECT> <P>(a) A student who takes an approved course of training, which includes passing both a radar-theory examination and a practical demonstration on a simulator, and who meets the requirements of this section is entitled to an appropriate Radar-Observer certificate—</P> <P>(1) In a form prescribed by the school and acceptable to the Coast Guard; and</P> <P>(2) Signed by the head of the school.</P> <P>(b) The following Radar-Observer certificates are issued under this section:</P> <P>(1) Radar Observer (Unlimited).</P> <P>(2) Radar Observer (Inland Waters and Gulf-Intracoastal Waterway [GIWW]).</P> <P>(3) Radar Observer (Rivers).</P> <P>(4) Radar Observer (Unlimited: Renewal).</P> <P>(5) Radar Observer (Inland Waters and GIWW: Renewal).<PRTPAGE P="129"/> </P> <P>(6) Radar Observer (Rivers: Renewal).</P> <P>(c) A school with an approved Radar-Observer course may issue a certificate listed in paragraph (b) of this section after the student has successfully completed the appropriate curriculum as follows:</P> <P>(1) Radar Observer (Unlimited). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:</P> <P>(i) Fundamentals of radar:</P> <P>(A) How radar works.</P> <P>(B) Factors affecting the performance and accuracy of marine radar.</P> <P>(C) Purposes and functions of the main components that constitute a typical marine-radar system.</P> <P>(ii) Operation and use of radar:</P> <P>(A) Purpose and adjustment of controls.</P> <P>(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.</P> <P>(C) Effects of sea return, weather, and other environmental conditions.</P> <P>(D) Limitations of radar resulting from design factors.</P> <P>(E) Safety precautions associated with use and maintenance of marine radar.</P> <P>(F) Measurement of ranges and bearings.</P> <P>(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.</P> <P>(iii) Interpretation and analysis of radar information:</P> <P>(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(C) Determining the course and speed of another vessel.</P> <P>(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.</P> <P>(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.</P> <P>(F) Applying the Navigational Rules, Chapters 30 and 34 of Title 33 U.S. Code [Commandant Instruction M16672.2C, as amended, or equivalent], and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(G) Use of radar in maintaining situational awareness.</P> <P>(iv) Plotting (by any graphically-correct method):</P> <P>(A) Principles and methods of plotting relative and true motion.</P> <P>(B) Practical-plotting problems.</P> <P>(2) Radar Observer (Inland Waters and GIWW). Classroom instruction—with emphasis on situations and problems encountered on inland waters and the GIWW, including demonstration and practical exercises using simulators—and examination, in the following subjects:</P> <P>(i) Fundamentals of radar:</P> <P>(A) How radar works.</P> <P>(B) Factors affecting the performance and accuracy of marine radar.</P> <P>(C) Purpose and functions of the main components that constitute a typical marine-radar system.</P> <P>(ii) Operation and use of radar:</P> <P>(A) Purpose and adjustment of controls.</P> <P>(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.</P> <P>(C) Effects of sea return, weather, and other environmental conditions.</P> <P>(D) Limitations of radar resulting from design factors.</P> <P>(E) Safety precautions associated with use and maintenance of marine radar.</P> <P>(F) Measurement of ranges and bearings.</P> <P>(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.</P> <P>(iii) Interpretation and analysis of radar information:</P> <P>(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(C) Determining the course and speed of another vessel.</P> <P>(D) Determining the time and distance of closest point of approach of a <PRTPAGE P="130"/>crossing, meeting, overtaking, or overtaken vessel.</P> <P>(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.</P> <P>(F) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(G) Use of radar in maintaining situational awareness.</P> <P>(3) Radar Observer (Rivers). Classroom instruction—with emphasis on situations and problems encountered on rivers, including demonstration and practical exercises using simulators—and examination, in the following subjects:</P> <P>(i) Fundamentals of radar:</P> <P>(A) How radar works.</P> <P>(B) Factors affecting the performance and accuracy of marine radar.</P> <P>(C) Purpose and functions of the main components that constitute a typical marine-radar system.</P> <P>(ii) Operation and use of radar:</P> <P>(A) Purpose and adjustment of controls.</P> <P>(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.</P> <P>(C) Effects of sea return, weather, and other environmental conditions.</P> <P>(D) Limitations of radar resulting from design factors.</P> <P>(E) Safety precautions associated with use and maintenance of marine radar.</P> <P>(F) Measurement of ranges and bearings, recognizing limited use of radar bearings in curving, narrow channels.</P> <P>(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.</P> <P>(iii) Interpretation and analysis of radar information:</P> <P>(A) Radar navigation (including visual techniques)— determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(C) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(D) Use of radar in maintaining situational awareness.</P> <P>(4) Radar Observer (Unlimited: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:</P> <P>(i) Interpretation and analysis of radar information:</P> <P>(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(C) Determining the course and speed of another vessel.</P> <P>(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.</P> <P>(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.</P> <P>(F) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(G) Use of radar in maintaining situational awareness.</P> <P>(ii) Plotting (by any graphically-correct method):</P> <P>(A) Principles and methods of plotting relative and true motion.</P> <P>(B) Practical-plotting problems.</P> <P>(5) Radar Observer (Inland Waters and GIWW: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the interpretation and analysis of radar information, including:</P> <P>(i) Radar navigation (including visual techniques—determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(iii) Determining the course and speed of another vessel.</P> <P>(iv) Determining the time and distance of closest point of approach of a <PRTPAGE P="131"/>crossing, meeting, overtaking, or overtaken vessel.</P> <P>(v) Detecting changes of course or speed of another vessel after its initial course and speed have been established.</P> <P>(vi) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(vii) Use of radar in maintaining situational awareness.</P> <P>(6) Radar Observer (Rivers: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the interpretation and analysis of radar information, including:</P> <P>(i) Radar navigation (including visual techniques)— determining positions, and detecting changes in the relative motion, of other vessels.</P> <P>(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(iii) Applying the Navigational Rules, and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(iv) Use of radar in maintaining situational awareness.</P> <CITA>[CGD 94-041, 62 FR 11303, Mar. 11, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.306</SECTNO> <SUBJECT>Radar-Operation course and certificate.</SUBJECT> <P>(a) A certificate of training from a Radar-Operation course may, as provided by 46 CFR 15.815(c)(2), suffice instead of a Radar-Observer endorsement. It is valid until the holder's license is renewed or upgraded, or expires, whichever occurs first.</P> <P>(b) Each Radar-Operation course must contain at least 4 hours of instruction on the following subjects:</P> <P>(1) Fundamentals of radar:</P> <P>(i) How radar works.</P> <P>(ii) Factors affecting the performance and accuracy of marine radar.</P> <P>(iii) Purpose and functions of the main components that constitute a typical marine-radar system.</P> <P>(2) Operation and use of radar:</P> <P>(i) Purpose and adjustment of controls.</P> <P>(ii) Detection of malfunctions, false and indirect echoes, and other radar phenomena.</P> <P>(iii) Effects of sea return, weather, and other environmental conditions.</P> <P>(iv) Limitations of radar resulting from design factors.</P> <P>(v) Safety precautions associated with use and maintenance of marine radar.</P> <P>(vi) Measurement of ranges and bearings.</P> <P>(vii) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.</P> <P>(3) Interpretation and analysis of radar information:</P> <P>(i) Radar navigation—determining the position and direction of movements of a vessel.</P> <P>(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.</P> <P>(iii) Applying the Navigational Rules, Chapters 30 and 34 of Title 33 U.S. Code [Commandant Instruction M16672.2C or equivalent, as amended], and other factors to consider when determining changes of course or speed of a vessel to prevent collisions on the basis of radar observation.</P> <P>(c) Each Radar-Operation course must be conducted by a person who possesses the knowledge and skills taught in the course, with at least one year of experience in their practical application, except that—</P> <P>(1) A marine instructor or company official may substitute a currently valid certificate from an approved Radar-Observer course (Unlimited, or Inland Waters and GIWW) for the one year of experience; and</P> <P>(2) An instructor of any approved Radar-Observer course may teach a Radar-Operation course without further seagoing experience.</P> <P>(d) When a holder of the Radar-Operation certificate seeks a Radar-Observer endorsement, he or she is an applicant for an original endorsement rather than for renewal of an endorsement.</P> <CITA>[CGD 94-041, 62 FR 11304, Mar. 11, 1997]</CITA> </SECTION> <SECTION> <PRTPAGE P="132"/> <SECTNO>§ 10.307</SECTNO> <SUBJECT>Training schools with approved radar observer courses.</SUBJECT> <P>The Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 510, Arlington, VA 22203-1804 maintains the list of approved schools and specific courses. This information is available upon request by writing the aforementioned address or calling (703) 235-1300.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.309</SECTNO> <SUBJECT>Coast Guard-accepted training other than approved courses.</SUBJECT> <P>(a) When the training and assessment of competence required by this part are not subject to Coast Guard approval under § 10.302, but are used to qualify to hold an STCW certificate or endorsement for service on or after February 1, 2002, such training and assessment must meet the following requirements:</P> <P>(1) The training and assessment must have written, clearly defined objectives that emphasize specific knowledge, skills, and abilities, and that include criteria to be used in establishing a student's successful achievement of the training objectives.</P> <P>(2) The training must be set out in a written syllabus that conforms to a Coast Guard-accepted outline for such training and includes—</P> <P>(i) The sequence of subjects to be covered;</P> <P>(ii) The number of hours to be devoted to instruction in relevant areas of knowledge;</P> <P>(iii) The identity and professional qualifications of the instructor(s) to be conducting the training or providing instruction;</P> <P>(iv) The identification of other media or facilities to be used in conducting training; and</P> <P>(v) Measurements at appropriate intervals of each candidate's progress toward acquisition of the specific knowledge, skills, and abilities stated in the training objectives.</P> <P>(3) Except as provided in paragraph (a)(4) of this section, documentary evidence must be readily available to establish that all instructors—</P> <P>(i) Have experience, training, or instruction in effective instructional techniques;</P> <P>(ii) Are qualified in the task for which the training is being conducted; and</P> <P>(iii) Hold the level of license, endorsement, or other professional credential required of those who would apply on board a vessel the relevant level of knowledge, skills, and abilities described in the training objectives.</P> <P>(4) Neither a specialist in a particular field of nonmaritime education, such as mathematics or first aid, nor a person with at least 3 years of service as a member of the Armed Forces of the United States, specializing in the field in which he or she is to conduct training, need hold a maritime license or document to conduct training in that field.</P> <P>(5) A simulator may be used in training if—</P> <P>(i) The simulator meets applicable performance standards;</P> <P>(ii) The instructor has gained practical operational experience on the particular type of simulator being used; and</P> <P>(iii) The instructor has received appropriate guidance in instructional techniques involving the use of simulators.</P> <P>(6) Essential equipment and instructional materials must afford all students adequate opportunity to participate in exercises and acquire practice in performing required skills.</P> <P>(7) A process for routinely assessing the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.</P> <P>(8) Documentary evidence is readily available to establish that any evaluation of whether a student is competent in accordance with standards, methods, and criteria set out in part A of the STCW Code is conducted by a designated examiner who has experience, training, or instruction in assessment techniques.</P> <P>(9) Records of the student's performance are maintained for at least 1 year by the offeror of the training and assessment.</P> <P>(10) To ensure that the training is meeting its objectives, and the requirements of paragraphs (a)(1) through (9) <PRTPAGE P="133"/>of this section, the offeror must either—</P> <P>(i) Be regulated as a maritime academy or marine academy pursuant to 46 CFR part 310; or</P> <P>(ii) Monitor the training in accordance with a Coast Guard-accepted QSS, which must include the following features:</P> <P>(A) The training must be provisionally certified, on the basis of an initial independent evaluation conducted under a Coast Guard-accepted QSS, as being capable of meeting its objective.</P> <P>(B) The training must be periodically monitored in accordance with the schedule stipulated under the Coast Guard-accepted QSS.</P> <P>(C) Each person conducting the initial evaluation or the subsequent periodic monitoring of the training shall be knowledgeable about the subjects being evaluated or monitored and about the national and international requirements that apply to the training, and shall not himself or herself be involved in the training and assessment of students.</P> <P>(D) Each person evaluating or monitoring the training shall have access to all appropriate documents and facilities, and shall have opportunities both to observe all appropriate activities and to conduct confidential interviews when necessary.</P> <P>(E) Arrangements must be such as to ensure that no person evaluating or monitoring the training is penalized or rewarded, directly or indirectly, by the sponsor of the training for making any particular observations or for reaching any particular conclusions.</P> <P>(11) Each person conducting the initial evaluation under paragraph (a)(10)(ii)(A) of this section or the periodic monitoring of the training under paragraph (a)(10)(ii)(B) of this section shall communicate his or her conclusions to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, suite 510, Arlington, VA 22203-1804, within 1 month of the completion of the evaluation or the monitoring.</P> <P>(12) Each offeror of the training shall let the Coast Guard or someone authorized by the Coast Guard observe the records of a student's performance and records otherwise relating to paragraphs (a)(1) through (10) of this section.</P> <P>(b) The Coast Guard will maintain a list of training each of whose offerors submits a certificate, initially not less than 45 calendar days before offering training under this section, and annually thereafter, signed by the offeror or its authorized representatives, stating that the training fully complies with requirements of this section, and identifying the Coast Guard-accepted QSS being used for independent monitoring. Training programs on this list will offer the training necessary for licenses and STCW endorsements under this part. The Coast Guard will update this list periodically and make it available to members of the public on request.</P> <P>(c) If the Coast Guard determines, on the basis of observations or conclusions either of its own or of someone authorized by it to monitor the training, that particular training does not satisfy one or more of the conditions described in paragraph (a) of this section—</P> <P>(1) The Coast Guard will so notify the offeror of the training by letter, enclosing a report of the observations and conclusions;</P> <P>(2) The offeror may, within a period specified in the notice, either appeal the observations or conclusions to the Commandant (G-MOC) or bring the training into compliance; and</P> <P>(3) If the appeal is denied—or the deficiency is not corrected in the allotted time, or within any additional period judged by the Coast Guard to be appropriate, considering progress toward compliance—the Coast Guard will remove the training from the list maintained under paragraph (b) of this section until it can verify full compliance; and it may deny applications for licenses for STCW endorsement based in whole or in part on training not on the list, until additional training or assessment is documented.</P> <CITA>[CGD 95-062, 62 FR 34531, June 26, 1997, as amended by USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="134"/> <HD SOURCE="HED">Subpart D—Professional Requirements for Deck Officers' Licenses</HD> <SECTION> <SECTNO>§ 10.401</SECTNO> <SUBJECT>Ocean and near coastal licenses.</SUBJECT> <P>(a) Any license issued for service as master or mate on ocean waters qualifies the licensee to serve in the same grade on any waters, subject to the limitations of the license, without additional endorsement.</P> <P>(b) A license issued for service as master or mate on near coastal waters qualifies the licensee to serve in the same grade on near coastal, Great Lakes, and inland waters, subject to the limitations of the license, without additional endorsement.</P> <P>(c) Near coastal licenses of any gross tons require the same number of years of service as the ocean unlimited licenses. The primary differences in these licenses are the nature of the service and the professional examination as explained in subpart I of this part.</P> <P>(d) A licensee having a master or mate near coastal license obtained with ocean service may have the license endorsed for ocean service by completing the appropriate examination deficiencies, provided that the additional service requirements of paragraph (e) of this section do not apply.</P> <P>(e) Master or third mate near coastal unlimited licenses may be obtained by completing the prescribed examination in subpart I of this part and satisfying the requirements of paragraph (g) while holding a license as unlimited master or mate, respectively, upon Great Lakes and inland waters. To have a near coastal unlimited license obtained in this manner endorsed for ocean service, the licensee must obtain 12 months of service as a deck watch officer or higher on ocean waters on vessels of 1600 gross tons or over, in addition to completing the examination topics.</P> <P>(f) Masters and mates licenses for service on vessels of over 200 gross tons may be endorsed for sail or auxiliary sail as appropriate. The applicant must present the equivalent total qualifying service required for conventional licenses including at least one year of deck experience on that specific type of vessel. For example, for a license as master of vessels of not more than 1600 gross tons endorsed for auxiliary sail, the applicant must meet the total experience requirements for the conventional license, including time as mate, and the proper tonnage experience, including at least one year of deck service on appropriately sized auxiliary sail vessels. For license endorsement for service on vessels of 200 gross tons or less see individual license requirements.</P> <P>(g) In order to obtain a master or mate license with a tonnage limit above 200 gross tons, or a license for 200 gross tons or less with an ocean route, whether an original, raise in grade, or increase in the scope of license authority to a higher tonnage category, the applicant must successfully complete the following training and examination requirements:</P> <P>(1) Approved firefighting course;</P> <P>(2) Approved radar observer course; and,</P> <P>(3) Qualification as an able seaman unlimited or able seaman limited (able seaman special or able seaman offshore supply vessels satisfy the able seaman requirement for licenses permitting service on vessels of 1600 gross tons and less).</P> <P>(h) Each applicant for a deck license which authorizes service on vessels above 1600 gross tons on ocean or near coastal waters, whether original or raise of grade, must pass a practical signaling examination (flashing light). A license applicant who fails in practical signaling, but passes every other part of the examination, may be issued a license with a 1600 gross ton limitation. The tonnage limitation can be removed upon successful completion of the signaling examination.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 135, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.402</SECTNO> <SUBJECT>Tonnage requirements for ocean or near coastal licenses for vessels of over 1600 gross tons.</SUBJECT> <P>(a) To qualify for an ocean or near coastal license for vessels of any gross tons, all the required experience must be obtained on vessels of over 200 gross tons. At least one-half of the required <PRTPAGE P="135"/>experience must be obtained on vessels of over 1600 gross tons.</P> <P>(b) If the applicant for an original or raise of grade of a license as master or mate does not have the service on vessels over 1600 gross tons required by paragraph (a) of this section, or is qualifying for third mate under the provisions of paragraph § 10.407(c) of this subpart, a tonnage limitation is placed on the license based on the applicant's qualifying experience. The license is limited to the maximum tonnage on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated. When the calculated limitation equals or exceeds 10,000 gross tons, the applicant is issued an unlimited tonnage license.</P> <P>(c) Tonnage limitations imposed under paragraph (b) of this section may be raised or removed in the following manner:</P> <P>(1) When the applicant has six months of service on vessels of over 1600 gross tons in the highest grade licensed, all tonnage limitations are removed.</P> <P>(2) When the applicant has a total of six months of service on vessels of over 1600 gross tons in any licensed capacity other than the highest grade for which licensed, all tonnage limitations for the grade in which the service is performed are removed and the next higher grade license is raised to the tonnage of the vessel on which the majority of the service was performed. The total cumulative service before and after issuance of the limited license may be considered in removing all tonnage limitations.</P> <P>(3) When the applicant has 12 months of service as able seaman on vessels over 1600 gross tons while holding a license as third mate, all tonnage limitations on the third mate's license are removed.</P> <P>(d) Individuals holding licenses as master or mate of vessels of not more than 1600 gross tons, not more than 500 gross tons, or not more than 25-200 gross tons are prohibited from using the provisions of paragraph (c) of this section to increase the tonnages of their licenses.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 135, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.403</SECTNO> <SUBJECT>Deck license structure.</SUBJECT> <P>The following diagram illustrates the deck license structure, including cross over points. The section numbers on the diagram refer to the specific requirements applicable.</P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="136"/> <GID>EC01FE91.057</GID> </GPH> <CITA TYPE="W">[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 136, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="137"/> <SECTNO>§ 10.404</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as master of ocean or near coastal steam or motor vessels of any gross tons is:</P> <P>(a) One year of service as chief mate on ocean steam or motor vessels; or,</P> <P>(b) One year of service on ocean steam or motor vessels while holding a license as chief mate of ocean steam or motor vessels as follows:</P> <P>(1) A minimum of six months of service as chief mate; and,</P> <P>(2) Service as officer in charge of a navigational watch accepted on a two-for-one basis (12 months as second or third mate equals six months of creditable service).</P> </SECTION> <SECTION> <SECTNO>§ 10.405</SECTNO> <SUBJECT>Service requirements for chief mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as chief mate of ocean or near coastal steam or motor vessels of any gross tons is one year of service as officer in charge of a navigational watch on ocean steam or motor vessels while holding a license as second mate.</P> </SECTION> <SECTION> <SECTNO>§ 10.406</SECTNO> <SUBJECT>Service requirements for second mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as second mate of ocean or near coastal steam or motor vessels of any gross tons is:</P> <P>(a) One year of service as officer in charge of a navigational watch on ocean steam or motor vessels while holding a license as third mate; or,</P> <P>(b) While holding a license as third mate of ocean steam or motor vessels of any gross tons, 12 months of service on deck as follows:</P> <P>(1) A minimum of six months service as officer in charge of a deck watch on ocean steam or motor vessels; in combination with,</P> <P>(2) Service on ocean steam or motor vessels as boatswain, able seaman, or quartermaster while holding a certificate as able seaman, which may be accepted on a two-for-one basis to a maximum allowable substitution of six months (12 months of experience equals 6 months of creditable service); or,</P> <P>(c) A licensed master of Great Lakes and inland steam or motor vessels of any gross tons or master of inland steam or motor vessels of any gross tons, may obtain a license as second mate of ocean or near coastal steam or motor vessels of any gross tons by completing the prescribed examination in subpart I of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.407</SECTNO> <SUBJECT>Service requirements for third mate of ocean or near coastal steam or motor vessels of any gross tons.</SUBJECT> <P>(a) The minimum service or training required to qualify an applicant for license as third mate of ocean or near coastal steam or motor vessels of any gross tons is:</P> <P>(1) Three years of service in the deck department on ocean steam or motor vessels, six months of which shall have been as able seaman, boatswain, or quartermaster, while holding a certificate as able seaman. Experience gained in the engine department on vessels of appropriate tonnage may be creditable for up to three months of the service requirements for this license; or,</P> <P>(2) Graduation from:</P> <P>(i) The U.S. Merchant Marine Academy (deck curriculum);</P> <P>(ii) The U.S. Coast Guard Academy and qualification as an underway officer in charge of a navigational watch;</P> <P>(iii) The U.S. Naval Academy and qualification as an underway officer in charge of a navigational watch; or,</P> <P>(iv) The deck class of a maritime academy approved by and conducted under rules prescribed by the Maritime Administrator and listed in part 310 of this title, except the deck class of the Great Lakes Maritime Academy; or,</P> <P>(3) Satisfactory completion of a three year apprentice mate training program approved by the Commandant.</P> <P>(b) Graduation from the deck class of the Great Lakes Maritime Academy will qualify the graduate to be examined for a license as third mate near coastal steam or motor vessels of any gross tons.<PRTPAGE P="138"/> </P> <P>(c) While holding a license as master of ocean or near coastal steam or motor vessels of not more than 1,600 gross tons, one year of service as master on vessels of over 200 gross tons operating on ocean or near coastal waters will qualify the applicant for a license as third mate of ocean or near coastal steam or motor vessels of any gross tons.</P> </SECTION> <SECTION> <SECTNO>§ 10.410</SECTNO> <SUBJECT>Requirements for deck licenses for vessels of not more than 1600 gross tons.</SUBJECT> <P>(a) Licenses as master and mate of vessels of not more than 1600 gross tons are issued in the following tonnage categories:</P> <P>(1) Not more than 1,600 gross tons;</P> <P>(2) Not more than 500 gross tons; or,</P> <P>(3) Between 25-200 gross tons in 50 ton increments and with appropriate mode of propulsion such as steam or motor, sail, or auxiliary sail.</P> <P>(b) Experience gained in the engine department on vessels of appropriate tonnage may be creditable for up to 25 percent of the service requirements for any mate license in this category.</P> <P>(c) A license in this category obtained with an orally-assisted examination will be limited to 500 gross tons. In order to raise that tonnage limit to 1,600 gross tons, the written examination and service requirements must be satisfied.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.412</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as master of ocean or near coastal steam or motor vessels of not more than 1600 gross tons is:</P> <P>(a) Four years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to two years of the required service. Two years of the required service must have been on vessels of over 100 gross tons. Two years of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, operator of uninspected towing vessels, or operator of uninspected passenger vessels. One year of the service as master, mate, or equivalent supervisory position must have been on vessels of over 100 gross tons; or,</P> <P>(b) An applicant holding a license as chief mate or second mate of ocean or near coastal steam or motor vessels of over 1600 gross tons is eligible for this license upon completion of a limited examination.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.414</SECTNO> <SUBJECT>Service requirements for mate of ocean steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as mate of ocean steam or motor vessels of not more than 1600 gross tons is:</P> <P>(a) Three years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. One year of the required service must have been on vessels of over 100 gross tons. One year of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, operator of uninspected towing vessels, or operator of uninspected passenger vessels. Six months of the required service as master, mate, or equivalent supervisory position must have been on vessels of over 100 gross tons; or,</P> <P>(b) Three years total service in the deck department on ocean or near coastal steam or motor, sail, or auxiliary sail vessels of over 200 gross tons. Six months of the required service must have been as able seaman.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.416</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as mate of near coastal steam or motor vessels of not more than 1600 gross tons is two years total service in the deck department of ocean or near coastal <PRTPAGE P="139"/>steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been on vessels of over 100 gross tons. Six months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 100 gross tons while holding a certificate as able seaman.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.418</SECTNO> <SUBJECT>Service requirements for master of ocean or near coastal steam or motor vessels of not more than 500 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as master of ocean or near coastal steam or motor vessels of not more than 500 gross tons is:</P> <P>(a) Three years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. Two years of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, or operator of uninspected passenger vessels. One year of the required service as master, mate, or equivalent supervisory position must have been on vessels of over 50 gross tons.</P> <P>(b) An applicant holding a license as operator of uninspected towing vessels authorizing service on ocean or near coastal waters is eligible for this license after six months of service as operator of uninspected towing vessels on ocean or near coastal waters and completion of a limited examination. This requires three and one-half years of service. Two years of this service must have been served while holding a license as operator, second-class operator, or mate.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.420</SECTNO> <SUBJECT>Service requirements for mate of ocean steam or motor vessels of not more than 500 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as mate of ocean steam and motor vessels of not more than 500 gross tons is two years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, mate, operator of uninspected towing vessels, or operator of uninspected passenger vessels. Six months of the required service as master, mate, or equivalent supervisory position must have been on vessels of over 50 gross tons.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.421</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 500 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as mate of near coastal steam or motor vessels of not more than 500 gross tons is two years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been on vessels of over 50 gross tons. Three months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 50 gross tons while holding a certificate as able seaman.</P> <CITA>[CGD 81-059, 54 FR 138, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.422</SECTNO> <SUBJECT>Tonnage limitations and qualifying requirements for licenses as master or mate of vessels of not more than 200 gross tons.</SUBJECT> <P>(a) Except as noted in paragraph (e), all licenses issued for master or mate of vessels of not more than 200 gross tons are issued in 50 gross ton increments based on the applicant's qualifying experience. The license is limited to the maximum tonnage on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 50 gross tons using the <PRTPAGE P="140"/>next higher figure when an intermediate tonnage is calculated.</P> <P>(b) The tonnage limitation on these licenses may be raised upon completion of:</P> <P>(1) At least 45 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a mate's license; or,</P> <P>(2) At least 90 days of additional service on deck on a vessel of a higher tonnage for a tonnage increase on a master's license; or,</P> <P>(3) Additional service, which, when combined with all previously accumulated service, will qualify the applicant for a higher tonnage license under the basic formula; or,</P> <P>(4) Six months additional service in the deck department on vessels within the highest tonnage increment on the license. In this case, the tonnage limitation may be raised one increment.</P> <P>(c) When the service is obtained on vessels upon which licensed personnel are not required, the OCMI must be satisfied that the nature of this qualifying service (i.e., size of vessel, route, equipment, etc.) is a reasonable equivalent to the duties performed on vessels which are required to engage licensed individuals.</P> <P>(d) Service gained in the engineroom on vessels of not more than 200 gross tons may be creditable for up to 25 percent of the deck service requirements for mate.</P> <P>(e) When the qualifying service is obtained upon vessels of five gross tons or less, the license will be limited to vessels of not more than 25 gross tons.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.424</SECTNO> <SUBJECT>Service requirements for master of ocean steam or motor vessels of not more than 200 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as master of ocean steam or motor vessels of not more than 200 gross tons is:</P> <P>(1) Three years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to 18 months of the required service. Two years of the required service must have been as master, mate, or equivalent supervisory position while holding a license as master, as mate, or as operator of uninspected passenger vessels; or,</P> <P>(2) Two years total service as a licensed operator or second-class operator of ocean or near coastal uninspected towing vessels. Completion of a limited examination is also required.</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the master's license.</P> <P>(c) In addition to any required examination, the applicant must comply with the requirements listed in § 10.401(g) of this subpart.</P> <CITA>[CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.426</SECTNO> <SUBJECT>Service requirements for master of near coastal steam or motor vessels of not more than 200 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as master of near coastal steam or motor vessels of not more than 200 gross tons is:</P> <P>(1) Two years total service on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been as a master, mate, or equivalent supervisory position while holding a license as master, as mate, or as operator of uninspected passenger vessels; or,</P> <P>(2) One year of total service as a licensed operator or second-class operator of ocean or near coastal uninspected towing vessels. Completion of a limited examination is also required.</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the master's license.</P> <CITA>[CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="141"/> <SECTNO>§ 10.427</SECTNO> <SUBJECT>Service requirements for mate of near coastal steam or motor vessels of not more than 200 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for license as mate of near coastal steam or motor vessels of not more than 200 gross tons is:</P> <P>(1) Twelve months total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to six months of the required service; or,</P> <P>(2) Three months of service in the deck department of steam or motor vessels operating on ocean, near coastal, Great Lakes or inland waters while holding a license as master of inland steam or motor, sail or auxiliary sail vessels of not more than 200 gross tons.</P> <P>(b) The holder of a license as operator of uninspected passenger vessels with a near coastal route endorsement may obtain this license by successfully completing an examination on rules and regulations for small passenger vessels.</P> <P>(c) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of deck service on sail or auxiliary sail vessels.</P> <P>(d) A license as master of near coastal steam or motor vessels may be endorsed as mate of sail or auxiliary sail vessels upon presentation of three months of service on sail or auxiliary sail vessels.</P> <P>(e) In order to obtain a tonnage endorsement of over 100 gross tons, the applicant must complete the additional examination topics indicated in subpart I of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.428</SECTNO> <SUBJECT>Service requirements for master of near coastal steam or motor vessels of not more than 100 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as master of near coastal steam or motor vessels of not more than 100 gross tons is two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels on ocean or near coastal waters. Service on Great Lakes and inland waters may substitute for up to one year of the required service.</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary sail vessels. The required 12 months of service may have been obtained prior to issuance of the license.</P> <CITA>[CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.429</SECTNO> <SUBJECT>Service requirements for limited master of near coastal steam or motor vessels of not more than 100 gross tons.</SUBJECT> <P>(a) Limited masters’ licenses for near coastal vessels of not more than 100 gross tons may be issued to applicants to be employed by organizations such as yacht clubs, marinas, formal camps and educational institutions. A license issued under this section is limited to the specific activity and the locality of the yacht club, marina or camp. In order to obtain this restricted license, an applicant must:</P> <P>(1) Have four months of service on any waters in the operation of the type of vessel for which the license is requested;</P> <P>(2) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, or a safe boating course conducted by the U.S. Power Squadron or the American Red Cross, or a Coast Guard approved course. This course must have been completed within five years before the date of application; and,</P> <P>(3) Pass a limited examination appropriate for the activity to be conducted and the route authorized.</P> <P>(b) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.201(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.</P> <P>(c) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of four months of service on sail or auxiliary sail vessels. The required four months of service may have been <PRTPAGE P="142"/>obtained prior to issuance of the license.</P> <CITA>[CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.430</SECTNO> <SUBJECT>Licenses for the Great Lakes and inland waters.</SUBJECT> <P>Any license issued for service on the Great Lakes and inland waters is valid on all of the inland waters of the United States as defined in this part. Any license issued for service on inland waters is valid for the inland waters of the United States, excluding the Great Lakes. Licenses with either a Great Lakes and inland or an inland route are valid for service on the sheltered waters of the Inside Passage between Puget Sound and Cape Spencer, Alaska. As these licenses authorize service on waters seaward of the International Regulations for Preventing Collisions at Sea (COLREGS) demarcation line as defined in 33 CFR part 80, the applicant must complete an examination on the COLREGS or the license must be endorsed with an exclusion from such waters.</P> <CITA>[CGD 81-059, 54 FR 139, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.431</SECTNO> <SUBJECT>Tonnage requirements for Great Lakes and inland licenses for vessels of over 1600 gross tons.</SUBJECT> <P>(a) All required experience for Great Lakes and inland unlimited licenses must be obtained on vessels of over 200 gross tons. At least one-half of the required experience must be obtained on vessels of 1600 gross tons or over.</P> <P>(b) Tonnage limitations may be imposed on these licenses in accordance with § 10.402 (b) and (c).</P> </SECTION> <SECTION> <SECTNO>§ 10.433</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of any gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as master of Great Lakes and inland steam or motor vessels of any gross tons is:</P> <P>(a) One year of service as mate or first class pilot while acting in the capacity of first mate of Great Lakes steam or motor vessels of more than 1600 gross tons; or,</P> <P>(b) Two years of service as master of inland (excluding the Great Lakes) steam or motor vessels of more than 1600 gross tons; or,</P> <P>(c) One year of service upon Great Lakes waters while holding a license as mate or first class pilot of Great Lakes and inland steam or motor vessels of more than 1600 gross tons. A minimum of six months of this service must have been in the capacity of first mate. Service as second mate is accepted for the remainder on a two-for-one basis to a maximum of six months (12 months of service equals six months of creditable service).</P> </SECTION> <SECTION> <SECTNO>§ 10.435</SECTNO> <SUBJECT>Service requirements for master of inland steam or motor vessels of any gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as master of inland (excluding the Great Lakes) steam or motor vessels of any gross tons is:</P> <P>(a) One year of service as first class pilot (of other than canal and small lakes routes) or mate of Great Lakes or inland steam or motor vessels of more than 1,600 gross tons; or,</P> <P>(b) Two years of service as wheelsman or quartermaster while holding a mate/first class pilot license.</P> </SECTION> <SECTION> <SECTNO>§ 10.437</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of any gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for license as mate of Great Lakes and inland steam or motor vessels of any gross tons is:</P> <P>(1) Three years of service in the deck department of steam or motor vessels, at least three months of which must have been on vessels on inland waters and at least six months of which must have been as able seaman, inland mate, boatswain, wheelsman, quartermaster, or equivalent position;</P> <P>(2) Graduation from the deck class of the Great Lakes Maritime Academy; or,</P> <P>(3) While holding a license as master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons, one year service as master on vessels of over 200 gross tons.</P> <P>(b) Service gained in the engine department on vessels of appropriate tonnage may be creditable for up to six months of the service requirements under paragraph (a)(1) of this section.</P> </SECTION> <SECTION> <PRTPAGE P="143"/> <SECTNO>§ 10.442</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons is:</P> <P>(a) Three years total service on vessels. Eighteen months of the required service must have been on vessels of over 100 gross tons. One year of the required service must have been as a master, mate, or equivalent supervisory position on vessels of over 100 gross tons while holding a license as master, as mate, or as operator of uninspected towing vessels; or,</P> <P>(b) Six months of service as operator on vessels of over 100 gross tons while holding a license as operator of uninspected towing vessels.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.444</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for license as mate of Great Lakes and inland steam or motor vessels of not more than 1600 gross tons is:</P> <P>(a) Two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels. One year of the required service must have been on vessels of over 100 gross tons. Six months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 100 gross tons while holding a certificate as able seaman; or,</P> <P>(b) One year total service as master of steam or motor, sail, or auxiliary sail vessels, or operator of uninspected passenger vessels, of over 50 gross tons while holding a license as master steam or motor, sail, or auxiliary sail vessels of not more than 200 gross tons or operator of uninspected passenger vessels; or,</P> <P>(c) Six months total service as second-class operator of uninspected towing vessels on vessels of over 100 gross tons.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.446</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 500 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 500 gross tons is:</P> <P>(a) Three years total service on vessels. One year of the required service must have been as a master, mate, or equivalent supervisory position on vessels of over 50 gross tons while holding a license as master, as mate, or as operator of uninspected passenger vessels.</P> <P>(b) An applicant holding a license as operator of ocean, near coastal, or Great Lakes and inland uninspected towing vessels is eligible for this license after six months of service as operator of uninspected towing vessels and completion of a limited examination. This requires three and one-half years of service. Two years of this service must have been served while holding a license as operator or second-class operator of uninspected towing vessels, or mate.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.448</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons.</SUBJECT> <P>The minimum service required to qualify an applicant for a license as mate of Great Lakes and inland steam or motor vessels of not more than 500 gross tons is two years total service in the deck department of steam or motor, sail, or auxiliary sail vessels. One year of the required service must have been on vessels of over 50 gross tons. Three months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 50 gross tons while holding a certificate as able seaman.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="144"/> <SECTNO>§ 10.450</SECTNO> <SUBJECT>Tonnage limitations and qualifying requirements for licenses as master or mate of Great Lakes and inland vessels of not more than 200 gross tons.</SUBJECT> <P>(a) Except as noted in subparagraph (d), all licenses issued for master or mate of vessels of not more than 200 gross tons are issued in 50 ton increments based on the applicants qualifying experience in accordance with the provisions of § 10.422. See the tonnage and qualifying service discussion in § 10.422 for further clarification.</P> <P>(b) Service gained in the engineroom on vessels of not more than 200 gross tons may be creditable for up to 25 percent of the deck service requirements for mate.</P> <P>(c) When the service is obtained on vessels upon which licensed personnel are not required, the OCMI must be satisfied that the nature of this qualifying service (i.e., size of vessel, route, equipment, etc.) is a reasonable equivalent to the duties performed on vessels which are required to engage licensed individuals.</P> <P>(d) When the qualifying service is obtained upon vessels of five gross tons or less, the license will be limited to vessels of not more than 25 gross tons.</P> </SECTION> <SECTION> <SECTNO>§ 10.452</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 200 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 200 gross tons is one year of service on vessels. Six months of the required service must have been as master, mate, or equivalent supervisory position while holding a license as master, mate, operator or second-class operator of uninspected towing vessels, or operator of uninspected passenger vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must have six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the master's license.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.454</SECTNO> <SUBJECT>Service requirements for mate of Great Lakes and inland steam or motor vessels of not more than 200 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as mate of Great Lakes and inland steam or motor vessels of not more than 200 gross tons is six months of service in the deck department of steam or motor, sail, or auxiliary sail vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of three months of service on sail or auxiliary sail vessels.</P> <P>(c) A license as master of steam or motor vessels may be endorsed as mate of sail or auxiliary sail vessels upon presentation of three months service on sail or auxiliary sail vessels.</P> <P>(d) The holder of a license as operator of inland uninspected passenger vessels may obtain this license by successfully completing an examination on rules and regulations for small passenger vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).</P> <P>(e) In order to obtain a tonnage endorsement of over 100 gross tons, the applicant must complete the additional examination topics indicated in subpart I of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="145"/> <SECTNO>§ 10.455</SECTNO> <SUBJECT>Service requirements for master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons is one year of total service in the deck department of steam or motor, sail, or auxiliary sail vessels. To obtain authority to serve on the Great Lakes, three months of the required service must have been on Great Lakes waters, otherwise the license will be limited to the inland waters of the United States (excluding the Great Lakes).</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the license.</P> <CITA>[CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.456</SECTNO> <SUBJECT>Service requirements for limited master of Great Lakes and inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <P>Limited masters’ licenses for vessels of not more than 100 gross tons upon Great Lakes and inland waters may be issued to applicants to be employed by organizations such as formal camps, educational institutions, yacht clubs, and marinas with reduced service requirements. A license issued under this paragraph is limited to the specific activity and the locality of the camp, yacht club or marina. In order to obtain this restricted license, an applicant must:</P> <P>(a) Have four months of service in the operation of the type of vessel for which the license is requested; and,</P> <P>(b) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, a public education course conducted by the U.S. Power Squadron or the American Red Cross, or a Coast Guard approved course. This course must have been completed within five years before the date of application; and,</P> <P>(c) Pass a limited examination appropriate for the activity to be conducted and the route authorized.</P> <P>(d) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.201(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81-059, 54 FR 140, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.457</SECTNO> <SUBJECT>Service requirements for master of inland steam or motor vessels of not more than 100 gross tons.</SUBJECT> <P>(a) An applicant for a license as master of inland steam or motor vessels of not more than 100 gross tons must present one year of service on any waters. In order to raise the tonnage limitation over 100 gross tons, the examination topics indicated in subpart I of this part must be completed in addition to satisfying the experience requirements of § 10.452(a).</P> <P>(b) In order to obtain an endorsement on this license for sail or auxiliary sail vessels, the applicant must submit evidence of six months of service on sail or auxiliary sail vessels. The required six months of service may have been obtained prior to issuance of the license.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81-059, 54 FR 141, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.459</SECTNO> <SUBJECT>Service requirements for master or mate of rivers.</SUBJECT> <P>(a) An applicant for a license as master of river steam or motor vessels of any gross tons must meet the same service requirements as master of inland steam or motor vessels of any gross tons.</P> <P>(b) An applicant for a license as master or mate of river steam or motor vessels, with a limitation of 25-1600 gross tons, must meet the same service requirements as those required by this subpart for the corresponding tonnage Great Lakes and inland steam or motor license. Service on the Great Lakes is not, however, required.</P> <CITA>[CGD 81-059, 54 FR 141, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="146"/> <SECTNO>§ 10.462</SECTNO> <SUBJECT>Licenses for master or mate of uninspected fishing industry vessels.</SUBJECT> <P>(a) This section applies to licenses for masters and mates of all vessels, however propelled, navigating the high seas, which are documented to engage in the fishing industry, with the exception of:</P> <P>(1) Wooden ships of primitive build;</P> <P>(2) Unrigged vessels; and,</P> <P>(3) Vessels of less than 200 gross tons.</P> <P>(b) Licenses as master or mate of uninspected fishing industry vessels are issued for either ocean or near coastal routes, depending on the examination completed. To qualify for an uninspected fishing industry vessel license, the applicant must satisfy the training and examination requirements of § 10.401(g) of this subpart.</P> <P>(c) An applicant for a license as master of uninspected fishing industry vessels must have four years of total service on ocean or near coastal routes. Service on Great Lakes or inland waters may substitute for up to two years of the required service. One year of the required service must have been as licensed master, as unlicensed master, or as licensed mate or equivalent supervisory position while holding a license as master, mate, operator of uninspected towing vessels, or operator of uninspected passenger vessels.</P> <P>(1) To qualify for a license of not more than 500 gross tons, at least two years of the required service, including the one year as master, mate or equivalent, must have been on vessels of over 50 gross tons.</P> <P>(2) To qualify for a license of not more than 1600 gross tons, at least two years of the required service, including the one year as master, mate or equivalent, must have been on vessels of over 100 gross tons.</P> <P>(3) To qualify for a license of over 1600 gross tons, but not more than 5000 gross tons, the vessel tonnage upon which the four years of required service was obtained will be used to compute the tonnage. The license is limited to the maximum tonnage on which at least 25 percent of the required service was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated. A license as master of uninspected fishing industry vessels authorizing service on vessels over 1600 gross tons also requires one year as master, mate or equivalent on vessels over 100 gross tons.</P> <P>(4) The tonnage limitation on this license may be raised using one of the following methods, but cannot exceed 5000 gross tons. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.</P> <P>(i) Three months service as master on a vessel results in a limitation in that capacity equal to the tonnage of that vessel rounded up to the next multiple of 1000 gross tons;</P> <P>(ii) Six months service as master on a vessel results in a limitation in that capacity equal to 150% of the tonnage of that vessel;</P> <P>(iii) Six months service as master on vessels over 1600 gross tons results in raising the limitation to 5000 gross tons;</P> <P>(iv) Six months service as mate on vessels over 1600 gross tons results in raising the limitation for master to the tonnage on which at least 50 percent of the service was obtained;</P> <P>(v) Two years service as a deckhand on a vessel while holding a license as master results in a limitation on the master's license equal to 150% of the tonnage of that vessel up to 5000 gross tons; or,</P> <P>(vi) One year of service as deckhand on a vessel while holding a license as master results in a limitation on the master's license equal to the tonnage of that vessel.</P> <P>(d) An applicant for a license as mate of uninspected fishing industry vessels must have three years of total service on ocean or near coastal routes. Service on Great Lakes or inland waters may substitute for up to 18 months of the required service.</P> <P>(1) To qualify for a license of not more than 500 gross tons, at least one year of the required service must have been on vessels of over 50 gross tons.</P> <P>(2) To qualify for a license of not more than 1600 gross tons, at least one year of the required service must have been on vessels of over 100 gross tons.<PRTPAGE P="147"/> </P> <P>(3) To qualify for a license of over 1600 gross tons, but not more than 5000 gross tons, the vessel tonnage upon which the three years of required service was obtained will be used to compute the tonnage. The license is limited to the maximum tonnage on which at least 25 percent of the required service was obtained, or 150 percent of the maximum tonnage on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.</P> <P>(4) The tonnage limitation on this license may be raised using one of the following methods, but cannot exceed 5000 gross tons. Limitations are in multiples of 1000 gross tons, using the next higher figure when an intermediate tonnage is calculated.</P> <P>(i) Three months service as mate on a vessel results in a limitation in that capacity equal to the tonnage of that vessel rounded up to the next multiple of 1000 gross tons;</P> <P>(ii) Six months service as mate on a vessel results in a limitation in that capacity equal to 150% of the tonnage of that vessel;</P> <P>(iii) Six months service as mate on vessels over 1600 gross tons results in raising the limitation to 5000 gross tons;</P> <P>(iv) One year of service as deckhand on vessels over 1600 gross tons while holding a license as mate, results in raising the limitation on the mate's license to 5000 gross tons;</P> <P>(v) Two years service as a deckhand on a vessel while holding a license as mate results in a limitation on the mate's license equal to 150% of the tonnage of that vessel up to 5000 gross tons; or,</P> <P>(vi) One year of service as deckhand on a vessel while holding a license as mate results in a limitation on the mate's license equal to the tonnage of that vessel.</P> <P>(e) Applicants may request an oral examination on the subjects listed in subpart I of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 141, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.464</SECTNO> <SUBJECT>Licenses for operator of uninspected towing vessels.</SUBJECT> <P>(a) Licenses are issued as operator or second-class operator of uninspected towing vessels. These licenses do not authorize service aboard uninspected towing vessels on a foreign voyage nor on those of more than 200 gross tons in ocean or near coastal service.</P> <P>(b) Licenses as operator and second-class operator of uninspected towing vessels are endorsed for operation on one or more of the following geographic areas:</P> <P>(1) Oceans (domestic trade) waters;</P> <P>(2) Near coastal waters;</P> <P>(3) Great Lakes and inland waters;</P> <P>(4) Western rivers; or,</P> <P>(5) A limited local area designated by the Officer in Charge, Marine Inspection.</P> <P>(c) For a license as operator of uninspected towing vessels, an applicant must have one of the following:</P> <P>(1) Three years of service including the following:</P> <P>(i) Two years on deck of a vessel of 26 feet or over in length;</P> <P>(ii) One year on deck on a towing vessel, with at least six months of training or duty in the wheelhouse of the towing vessel; and,</P> <P>(iii) Three months of service in each particular geographic area for which application is made; or,</P> <P>(2) Three years of service on towing vessels including the following:</P> <P>(i) One year on deck, with at least six months of training or duty in the wheelhouse of the towing vessel; and,</P> <P>(ii) Three months of service in each particular geographic area for which application is made; or,</P> <P>(3) For a license endorsed for a limited local area, 18 months service on deck on a towings vessel within the local area, including at least three months of training or duty in the Wheelhouse of the towing vessel.</P> <P>(d) For a license as second-class operator of uninspected towing vessels, an applicant must have:</P> <P>(1) At least 18 months of service on deck, including 12 months on towing vessels. The service must include at least three months of training or duty in the wheelhouse of towing vessels and <PRTPAGE P="148"/>three months of service in each particular geographic area for which endorsement for the license is requested; or,</P> <P>(2) At least six months of service on towing vessels while holding a merchant mariner's document endorsed as <E T="03">able seaman unlimited, able seaman limited, or able seaman special.</E> The service must include three months in each particular geographic area for which an endorsement is requested, and either two months of training or duty in the wheelhouse or one month training or duty in the wheelhouse combined with successful completion of a towboat operator course of training approved by the Commanding Officer, National Maritime Center under subpart C.</P> <P>(e) In order to obtain an operator or second-class operator license for ocean (domestic trade) waters, whether an original, raise in grade, or increase in scope, the applicant must complete the following training and examination requirements:</P> <P>(1) Approved firefighting course;</P> <P>(2) Approved radar observer course; and,</P> <P>(3) Qualification as able seaman unlimited, able seaman limited, able seaman special, or able seaman offshore supply vessels.</P> <P>(f) The examination for a license as operator of uninspected towing vessels endorsed for a local limited area is modified by deleting inappropriate questions.</P> <P>(g) A person holding a license as second-class operator of uninspected towing vessels who is 21 years old and possesses the service required in paragraph (c) of this section may be issued a license as operator without further examination.</P> <P>(h) A person holding a license as operator of uninspected towing vessels may have that license endorsed as second-class operator for a geographic area on which he or she has no operating experience, upon passing an examination for that area. Upon completion of three months of experience in that geographic area, the second-class restriction may be removed.</P> <P>(i) An applicant for a license as operator or second-class operator of uninspected towing vessels who intends to serve only in the vicinity of Puerto Rico, and who speaks Spanish only, may be issued a license restricted to the navigable waters of the United States in the vicinity of Puerto Rico.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 142, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.466</SECTNO> <SUBJECT>Licenses for operators of uninspected passenger vessels.</SUBJECT> <P>(a) This section applies to all applicants for the license to operate an uninspected vessel of less than 100 gross tons, equipped with propulsion machinery of any type, carrying six or less passengers.</P> <P>(b) Operator of uninspected passenger vessels licenses issued for ocean waters will be limited to near coastal waters not more than 100 miles offshore. Licenses issued for inland waters will include all inland waters, except Great Lakes. Licenses may be issued for a particular local area under paragraph (f) of this section.</P> <P>(c) For a license as operator of an uninspected passenger vessel with a near coastal endorsement, an applicant must have a minimum of 12 months experience in the operation of vessels, including at least three months service on vessels operating on ocean or near coastal waters.</P> <P>(d) For a license as operator of an uninspected passenger vessel with a Great Lakes and inland waters endorsement, an applicant must have 12 months service on Great Lakes or inland waters, including at least three months service operating vessels on Great Lakes waters.</P> <P>(e) For a license as operator of an uninspected passenger vessel with an inland endorsement, an applicant must have a minimum of 12 months experience in the operation of vessels.</P> <P>(f) An operator of uninspected passenger vessels license, limited on its face to undocumented vessels, may be issued to a person who is not a citizen of the United States.</P> <P>(g) Limited operator of uninspected passenger vessel licenses may be issued to applicants to be employed by organizations such as formal camps, yacht clubs, educational institutions, and marinas. A license issued under this <PRTPAGE P="149"/>paragraph will be limited to the specific activity and the locality of the camp, yacht club, or marina. In order to obtain this restricted license, an applicant must:</P> <P>(1) Have three months service in the operation of the type of vessel for which the license is requested; and,</P> <P>(2) Satisfactorily complete a safe boating course approved by the National Association of State Boating Law Administrators, or those public education courses conducted by the U.S. Power Squadron or the American National Red Cross or a Coast Guard approved course; and,</P> <P>(3) Pass a limited examination appropriate for the activity to be conducted and the route authorized.</P> <P>(4) The first aid and cardiopulmonary resuscitation (CPR) course certificates required by § 10.201(h) of this part will only be required when, in the opinion of the OCMI, the geographic area over which service is authorized precludes obtaining medical services within a reasonable time.</P> <P>(h) An applicant for a license as operator of uninspected passenger vessels who intends to serve only in the vicinity of Puerto Rico, and who speaks Spanish only, may be issued a license restricted to the navigable waters of the United States in the vicinity of Puerto Rico.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 142, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.468</SECTNO> <SUBJECT>Licenses for mobile offshore drilling units.</SUBJECT> <P>Licenses for service on mobile offshore drilling units (MODUs) authorize service on units of any gross tons upon ocean waters while on location or while underway, as restricted on the license, except when moving independently under their own power.</P> <CITA>[CGD 81-059a, 55 FR 14799, Apr. 18, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.470</SECTNO> <SUBJECT>Licenses for offshore installation manager.</SUBJECT> <P>(a) Licenses as offshore installation manager (OIM) are endorsed as:</P> <P>(1) OIM Unrestricted;</P> <P>(2) OIM Surface Units on Location;</P> <P>(3) OIM Surface Units Underway;</P> <P>(4) OIM Bottom Bearing Units on Location; or</P> <P>(5) OIM Bottom Bearing Units Underway.</P> <P>(b) To qualify for a license or endorsement as OIM Unrestricted, an applicant must:</P> <P>(1) Present evidence of the following experience:</P> <P>(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units; or</P> <P>(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator, or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units;</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for an OIM Unrestricted license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course;</P> <P>(iii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position;</P> <P>(iv) A certificate from a firefighting training course as required by § 10.205(g) of this part; and</P> <P>(3) Provide a recommendation signed by a senior company official which:</P> <P>(i) Provides a description of the applicant's experience and qualifications;<PRTPAGE P="150"/> </P> <P>(ii) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, two rig moves each of surface units and of bottom bearing units; and</P> <P>(iii) Certifies that one of the rig moves required under paragraph (b)(3)(ii) of this section was completed within one year preceding date of application.</P> <P>(c) An applicant for an endorsement as OIM Unrestricted who holds an unlimited license as master or chief mate must satisfy the requirements in paragraphs (b)(2) and (b)(3) of this section and have at least 84 days of service on surface units and at least 28 days of service on bottom bearing units.</P> <P>(d) To qualify for a license or endorsement as OIM Surface Units on Location, and applicant must:</P> <P>(1) Present evidence of the following experience:</P> <P>(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs, with a minimum of 14 days of that supervisory service on surface units; or</P> <P>(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position of MODUs, with a minimum of 14 days of that supervisory service on surface units; and</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for an OIM Surface Units license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course;</P> <P>(iii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position; and</P> <P>(iv) A certificate from a firefighting training course as required by § 10.205(g) of this part.</P> <P>(e) An applicant for an endorsement as OIM Surface Units on Location who holds an unlimited license as master or chief mate must satisfy the requirements of paragraph (d)(2) of this section and have at least 84 days of service on surface units.</P> <P>(f) To qualify for a license as OIM Surface Units Underway, an applicant must:</P> <P>(1) Provide the following:</P> <P>(i) Evidence of the experience described in paragraph (d)(1) of this section and a recommendation signed by a senior company official which:</P> <P>(A) Provides a description of the applicant's experience and qualifications;</P> <P>(B) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of surface units; and</P> <P>(C) Certifies that one of the rig moves required under paragraph (f)(1)(i)(B) of this section was completed within one year preceding date of application; or</P> <P>(ii) A recommendation signed by a senior company official which:</P> <P>(A) Provides a description of the applicant's experience and company qualifications program completed;</P> <P>(B) Certifies that the applicant has witnessed ten rig moves either as an observer in training or as a rig mover under supervision;</P> <P>(C) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, five rig moves of surface units; and</P> <P>(D) Certifies that one of the rig moves required under paragraph (f)(1)(ii)(C) of this section was completed within one year preceding date of application; and<PRTPAGE P="151"/> </P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for an OIM Surface Units license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and</P> <P>(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.</P> <P>(g) An applicant for endorsement as OIM Surface Units Underway who holds an unlimited license as master or chief mate must satisfy the requirements in paragraph (f)(2) of this section and provide a company recommendation signed by a senior company official which:</P> <P>(1) Provides a description of the applicant's experience and qualifications;</P> <P>(2) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves on surface units; and</P> <P>(3) Certifies that one of the rig moves required under paragraph (g)(2) of this section was completed within one year preceding date of application.</P> <P>(h) To qualify for a license or endorsement as OIM Bottom Bearing Units on Location, an applicant must:</P> <P>(1) Present evidence of the following experience:</P> <P>(i) Four years of employment assigned to MODUs including at least one year of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs; or</P> <P>(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, barge supervisor, mechanical supervisor, electrician, crane operator, ballast control operator or equivalent supervisory position on MODUs; and</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved survival suit and survival craft training course;</P> <P>(ii) A certificate from a U.S. Minerals Management Service approved blowout prevention and well control training program for the driller, toolpusher, or operator representative position; and</P> <P>(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.</P> <P>(i) An applicant for an endorsement as OIM Bottom Bearing Units on Location who holds an unlimited license as master or chief mate must satisfy paragraph (h)(2) of this section and have at least 28 days of service on bottom bearing units.</P> <P>(j) To qualify for a license or endorsement as OIM Bottom Bearing Units Underway, an applicant must:</P> <P>(1) Provide the following:</P> <P>(i) Evidence of the experience described in paragraph (h)(1) of this section with a recommendation signed by a senior company official which:</P> <P>(A) Provides a description of the applicant's experience and qualifications;</P> <P>(B) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of bottom bearing units; and</P> <P>(C) Certifies that one of the rig moves required under paragraph (j)(1)(i)(B) of this section was completed within one year preceding date of application; or</P> <P>(ii) A recommendation signed by a senior company official which:</P> <P>(A) Provides a description of the applicant's experience and company qualifications program completed;</P> <P>(B) Certifies that the applicant has witnessed ten rig moves either as an observer in training or as a rig mover under supervision;</P> <P>(C) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, five rig moves of bottom bearing units; and</P> <P>(D) Certifies that one of the rig moves required under paragraph <PRTPAGE P="152"/>(j)(1)(ii)(C) of this section was completed within one year preceding date of application; and</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for OIM Bottom Bearing Units license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and</P> <P>(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part;</P> <P>(k) An applicant for endorsement as OIM Bottom Bearing Units Underway who holds an unlimited license as master or chief mate must satisfy the requirements in paragraph (j)(2) of this section and provide a company recommendation signed by a senior company official which:</P> <P>(1) Provides a description of the applicant's experience and qualifications;</P> <P>(2) Certifies that the individual has successfully directed, while under the supervision of an experienced rig mover, three rig moves of bottom bearing units; and</P> <P>(3) Certifies that one of the rig moves required under paragraph (k)(2) of this section was completed within one year preceding date of application.</P> <CITA>[CGD 81-059a, 55 FR 14799, Apr. 18, 1990, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.472</SECTNO> <SUBJECT>License for barge supervisor.</SUBJECT> <P>(a) To qualify for a license or endorsement as barge supervisor (BS), an applicant must:</P> <P>(1) Present evidence of the following experience:</P> <P>(i) Three years of employment assigned to MODUs including at least 168 days of service as driller, assistant driller, toolpusher, assistant tool pusher, mechanic, electrician, crane operator, subsea specialist, ballast control operator or equivalent supervisory position on MODUs. At least 84 days of that service shall have been as a ballast control operator or barge supervisor trainee; or</P> <P>(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 168 days of service as driller, assistant driller, toolpusher, assistant toolpusher, mechanic, electrician, crane operator, subsea specialist, ballast control operator or equivalent supervisory position on MODUs. At least 84 days of that service shall have been as a ballast control operator or barge supervisor trainee; and</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for a barge supervisor license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and</P> <P>(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.</P> <P>(b) An applicant for an endorsement as BS who holds an unlimited license as master or mate must satisfy the requirements in paragraph (a)(2) of this section and have at least 84 days of service as ballast control operator or barge supervisor trainee.</P> <CITA>[CGD 81-059a, 55 FR 14801, Apr. 18, 1990, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.474</SECTNO> <SUBJECT>License for ballast control operator.</SUBJECT> <P>(a) To qualify for a license or endorsement as ballast control operator (BCO), an applicant must:</P> <P>(1) Present evidence of the following experience:</P> <P>(i) One year of employment assigned to MODUs including at least 28 days of service as a trainee under the supervision of a licensed ballast control operator; or</P> <P>(ii) A degree from a program in engineering or engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give <PRTPAGE P="153"/>consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least 28 days of service as a trainee under the supervision of a licensed ballast control operator; and</P> <P>(2) Present evidence of training course completion as follows:</P> <P>(i) A certificate from a Coast Guard approved stability course approved for a barge supervisor or ballast control operator license or endorsement;</P> <P>(ii) A certificate from a Coast Guard approved survival suit and survival craft training course; and</P> <P>(iii) A certificate from a firefighting training course as required by § 10.205(g) of this part.</P> <P>(b) An applicant for an endorsement as BCO who holds an unlimited license as master, mate, chief engineer, or assistant engineer must satisfy the requirements in paragraph (a)(2) of this section and have at least 28 days of service as a trainee under the supervision of a licensed ballast control operator.</P> <CITA>[CGD 81-059a, 55 FR 14801, Apr. 18, 1990, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; CGD 95-028, 62 FR 51196, Sept. 30, 1997; USDA-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.476</SECTNO> <SUBJECT>Acknowledgments of service and temporary licenses for mobile offshore drilling units.</SUBJECT> <P>(a) Prior to January 1, 1991, unlicensed individuals who served in positions on MODUs equivalent to OIM, BS, or BCO may make application for a Coast Guard acknowledgment of service or a temporary license, both of which authorize a continuation of service in that position. To be eligible, these individuals must have served in that position between July 1, 1987 and June 30, 1990, and meet the following requirements:</P> <P>(1) Coast Guard acknowledgment of service.</P> <P>(i) To obtain a Coast Guard acknowledgment of service, the applicant must provide a letter from a senior company official of the company worked for. This letter must provide:</P> <P>(A) Name of vessel(s) served on;</P> <P>(B) MODU license which the individual's position is equivalent to; and</P> <P>(C) Period of service.</P> <P>(ii) The Coast Guard acknowledgment of service is valid for one year and is not renewable.</P> <P>(2) Temporary license.</P> <P>(i) To obtain a temporary license, the applicant must:</P> <P>(A) Provide a letter from a senior company official of the company worked for. This letter must provide:</P> <P>(<E T="03">1</E>) Name of vessel(s) served on;</P> <P>(<E T="03">2</E>) MODU license which the individual's position is equivalent to; and</P> <P>(<E T="03">3</E>) Period of service; and</P> <P>(B) Provide evidence of 120 days of service in a position equivalent to the license endorsement sought.</P> <P>(ii) a temporary license is valid for five years and is not renewable.</P> <P>(b) Acknowledgments or temporary licenses obtained using the provisions of this section will restrict service authority to vessels operated by the company which has certified service.</P> <CITA>[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.480</SECTNO> <SUBJECT>Radar observer.</SUBJECT> <P>(a) This section contains the requirements that an applicant must meet to qualify as a radar observer. (Part 15 of this chapter specifies who must qualify as a radar observer.)</P> <P>(b) If an applicant meets the requirements of this section, one of the following Radar-Observer endorsements will be added to his or her deck officer's license:</P> <P>(1) Radar Observer (Unlimited).</P> <P>(2) Radar Observer (Inland Waters and GIWW).</P> <P>(3) Radar Observer (Rivers).</P> <P>(c) Endorsement as Radar Observer (Unlimited) is valid on all waters. Endorsement as Radar Observer (Inland Waters and GIWW) is valid only for those waters other than the Great Lakes covered by the Inland Navigational Rules. Endorsement as Radar Observer (Rivers) is valid only on any river, canal, or similar body of water designated by the OCMI, but not beyond the boundary line.</P> <P>(d) Except as provided by paragraphs (e) and (f) of this section, each applicant for a Radar-Observer endorsement or for renewal of an endorsement must complete the appropriate course approved by the Coast Guard, receive the <PRTPAGE P="154"/>appropriate certificate of training, and present the certificate to the OCMI.</P> <P>(e) An applicant who possesses a Radar-Observer endorsement, resides in a remote geographic area, and can substantiate to the satisfaction of the OCMI that the applicant's absence will disrupt normal movement of commerce, or that the applicant cannot attend an approved Radar-Observer renewal course, may have his or her endorsement renewed upon successful completion of an examination administered by the Coast Guard, or by a third party acceptable to the Coast Guard.</P> <P>(f) Except as provided by paragraph (k) of this section, a Radar-Observer endorsement issued under this section is valid for 5 years after the month of issuance of the certificate of training from a course approved by the Coast Guard. It is not terminated by the issuance of a new license during these 5 years.</P> <P>(g) The month and year of the expiration of the Radar-Observer endorsement are printed on the license.</P> <P>(h) A Radar-Observer endorsement may be renewed at any time.</P> <P>(i) An applicant for renewal of a license that does not need a Radar-Observer endorsement may renew the license without meeting the requirements for the endorsement.</P> <P>(j) An applicant seeking to raise the grade of a license or increase its scope, where the increased grade or scope requires a Radar-Observer certificate, may use an expired certificate to fulfill that requirement.</P> <P>(k) The renewal date of a Radar-Observer endorsement may be extended beyond the normal 5-year duration to coincide with the renewal date of the license to which it pertains. This extension may not exceed 2 years and will be necessary only once, to synchronize the two renewal dates.</P> <CITA>[CGD 94-041, 62 FR 11305, Mar. 11, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.482</SECTNO> <SUBJECT>Assistance towing.</SUBJECT> <P>(a) This section contains the requirements to qualify for an endorsement authorizing an individual to engage in assistance towing. The endorsement is applicable to all licenses except operator of uninspected towing vessels and master or mate licenses authorizing service on inspected vessels over 200 gross tons. Holders of these licenses are authorized to engage in assistance towing without endorsement on any vessel within the scope of the license.</P> <P>(b) An applicant for an assistance towing endorsement shall pass a written examination demonstrating his or her knowledge of assistance towing safety, equipment, and procedures.</P> <P>(c) An assistance towing endorsement on a license as master, mate, or operator authorizes the holder to engage in assistance towing on any vessel within the scope of the license.</P> <P>(d) The period of validity of the endorsement is the same as the license on which it is endorsed, and it may be renewed with the license.</P> <CITA>[CGD 87-017, 53 FR 18562, May 24, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.491</SECTNO> <SUBJECT>Licenses for service on offshore supply vessels.</SUBJECT> <P>Each license for service on offshore supply vessels (OSVs) authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed on the license.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.493</SECTNO> <SUBJECT>Master (OSV).</SUBJECT> <P>(a) Except as provided by paragraph (b) of this section, to qualify for a license as Master (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/2.</P> <P>(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/2 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.495</SECTNO> <SUBJECT>Chief Mate (OSV).</SUBJECT> <P>(a) Except as provided by paragraph (b) of this section, to qualify for a license as Chief Mate (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/2.</P> <P>(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/2 that the OCMI determines to be inappropriate <PRTPAGE P="155"/>or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.497</SECTNO> <SUBJECT>Mate (OSV).</SUBJECT> <P>(a) Except as provided by paragraph (b) of this section, to qualify for a license as Mate (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation II/1.</P> <P>(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation II/1 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Professional Requirements for Engineer Officers’ Licenses</HD> <SECTION> <SECTNO>§ 10.501</SECTNO> <SUBJECT>Grade and type of engineer licenses issued.</SUBJECT> <P>(a) Licenses are issued in the grades of:</P> <P>(1) Chief engineer;</P> <P>(2) First assistant engineer;</P> <P>(3) Second assistant engineer;</P> <P>(4) Third assistant engineer;</P> <P>(5) Chief engineer (limited);</P> <P>(6) Assistant engineer (limited);</P> <P>(7) Designated duty engineer;</P> <P>(8) Chief engineer uninspected fishing industry vessels; and,</P> <P>(9) Assistant engineer uninspected fishing industry vessels.</P> <P>(b) Engineer licenses issued in the grades of chief engineer (limited) and assistant engineer (limited) of steam and/or motor vessels allow the holder to serve within any horsepower limitations on vessels of any gross tons on inland waters and of not more than 1600 gross tons in ocean, near coastal or Great Lakes service in the following manner:</P> <P>(1) Assistant engineer (limited—oceans) may serve on ocean waters;</P> <P>(2) Chief engineer (limited—near coastal) may serve on near coastal waters; and,</P> <P>(3) Chief engineer (limited-oceans) may serve on ocean waters.</P> <P>(c) Engineer licenses issued in the grades of designated duty engineer of steam and/or motor vessels allow the holder to serve within stated horsepower limitations on vessels of not more than 500 gross tons in the following manner:</P> <P>(1) Designated duty engineers limited to vessels of not more than 1000 horsepower or 4000 horsepower may serve only on near coastal or inland waters;</P> <P>(2) Designated duty engineers with no horsepower limitations may serve on any waters.</P> <P>(d) Engineer licenses are endorsed to authorize service on either steam or motor vessels or may be endorsed for both modes of propulsion.</P> <P>(e) A person holding an engineer license which is restricted to near coastal waters may serve within the limitations of the license upon near coastal, Great Lakes, and inland waters.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 142, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.502</SECTNO> <SUBJECT>Additional requirements for engineer licenses.</SUBJECT> <P>(a) For all original and raise of grade of engineer licenses, at least one-third of the minimum service requirements must have been obtained on the particular mode of propulsion for which applied.</P> <P>(b) If a licensed applicant desires to obtain an endorsement on an engineer license in the other propulsion mode (steam or motor), the following alternative methods, while holding a license in that grade, are acceptable:</P> <P>(1) Four months of service as an observer in the same licensed capacity on vessels of the other propulsion mode;</P> <P>(2) Four months of service as a licensed officer at a lower license level on vessels of the other propulsion mode;</P> <P>(3) Six months of service as oiler, watertender, or junior engineer on vessels of the other propulsion mode; or,</P> <P>(4) Completion of a Coast Guard approved training course for this endorsement.</P> <P>(c) Applicants for an original, raise in grade, or increase in the scope, of an <PRTPAGE P="156"/>engineer license, other than an increase in horsepower limitation, who have not previously done so must meet the requirements of § 10.205(g) of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 142, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.503</SECTNO> <SUBJECT>Horsepower limitations.</SUBJECT> <P>(a) Engineer licenses of all grades and types may be subject to horsepower limitations. Other than as provided in § 10.524 for the designated duty engineer license, the horsepower limitation placed on a license is based on the applicant's qualifying experience considering the total shaft horsepower of each vessel on which the applicant has served.</P> <P>(b) When an applicant for an original or raise of grade of an engineer license, other than a designated duty engineer license, has not obtained at least 50 percent of the required qualifying experience on vessels of 4,000 or more horsepower, a horsepower limitation is placed on the license based on the applicant's qualifying experience. The license is limited to the maximum horsepower on which at least 25 percent of the required experience was obtained, or 150 percent of the maximum horsepower on which at least 50 percent of the service was obtained, whichever is higher. Limitations are in multiples of 1000 horsepower, using the next higher figure when an intermediate horsepower is calculated. When the limitation as calculated equals or exceeds 10,000 horsepower, an unlimited horsepower license is issued.</P> <P>(c) The following service on vessels of 4,000 horsepower or over will be considered qualifying for the raising or removing of horsepower limitations placed on engineer licenses:</P> <P>(1) Six months of service in the highest grade licensed: removal of all horsepower limitations.</P> <P>(2) Six months of service in any licensed capacity other than the highest grade for which licensed: Removal of all horsepower limitations for the grade in which service is performed and raise the next higher grade license to the horsepower of the vessel on which service was performed. The total cumulative service before and after issuance of the limited license may be considered in removing all horsepower limitations.</P> <P>(3) Twelve months of service as oiler or junior engineer while holding a license as third assistant engineer or assistant engineer (limited-oceans): removal of all horsepower limitations on third assistant engineer or assistant engineer's (limited-oceans) license.</P> <P>(4) Six months of service as oiler or junior engineer while holding a license as second assistant engineer: removal of all horsepower limitations on third assistant engineer's license.</P> <P>(d) Raising or removing horsepower limitations based on service required by paragraph (c) of this section may be granted without further written examination providing the Officer in Charge, Marine Inspection who issued the applicant's license, considers further examination unnecessary.</P> </SECTION> <SECTION> <SECTNO>§ 10.504</SECTNO> <SUBJECT>Application of deck service for limited engineer licenses.</SUBJECT> <P>Service gained in the deck department on vessels of appropriate tonnage may substitute for up to 25 percent or 6 months, whichever is less, of the service requirement for a license as chief engineer (limited), assistant engineer (limited), or designated duty engineer.</P> <CITA>[CGD 81-059, 54 FR 142, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.505</SECTNO> <SUBJECT>Engineer license structure.</SUBJECT> <P>The following diagram illustrates the engineering license structure including cross over points. The section numbers on the diagram refer to the specific requirements applicable.</P> <GPH DEEP="463" SPAN="2"> <PRTPAGE P="157"/> <GID>EC01FE91.058</GID> </GPH> <CITA TYPE="W">[CGD 81-059, 52 FR 38623, Oct. 16, 1987. Redesignated and amended by CGD 81-059, 54 FR 142, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="158"/> <SECTNO>§ 10.510</SECTNO> <SUBJECT>Service requirements for chief engineer of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as chief engineer of steam and/or motor vessels is:</P> <P>(a) One year of service as first assistant engineer; or,</P> <P>(b) One year of service while holding a license as first assistant engineer. A minimum of six months of this service must have been as first assistant engineer. Service as an assistant engineer is accepted on a two-for-one basis to a maximum of six months (12 months of service as a second or third assistant engineer equals six months of creditable service).</P> </SECTION> <SECTION> <SECTNO>§ 10.512</SECTNO> <SUBJECT>Service requirements for first assistant engineer of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as first assistant engineer of steam and/or motor vessels is one year of service as an assistant engineer, while holding a license as second assistant engineer.</P> </SECTION> <SECTION> <SECTNO>§ 10.514</SECTNO> <SUBJECT>Service requirements for second assistant engineer of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as second assistant engineer of steam and/or motor vessels is:</P> <P>(a) One year of service as an assistant engineer, while holding a license as third assistant engineer; or,</P> <P>(b) One year of service while holding a license as third assistant engineer which includes:</P> <P>(1) A minimum of six months of service as third assistant engineer; and,</P> <P>(2) Additional service as a qualified member of the engine department, calculated on a two-for-one basis; or,</P> <P>(c) One year of service as chief engineer (limited-oceans) of steam or motor vessels, and completing the appropriate examination described in subpart I of this part.</P> </SECTION> <SECTION> <SECTNO>§ 10.516</SECTNO> <SUBJECT>Service requirements for third assistant engineer of steam and/or motor vessels.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for license as third assistant engineer of steam and/or motor vessels is:</P> <P>(1) Three years of service in the engineroom of vessels, two years of which must have been as a qualified member of the engine department;</P> <P>(2) Three years of service as an apprentice to the machinist trade engaged in the construction or repair of marine, locomotive, or stationary engines, together with one year service in the engineroom as oiler, watertender, or junior engineer;</P> <P>(3) Graduation from:</P> <P>(i) The U.S. Merchant Marine Academy (engineering curriculum);</P> <P>(ii) The U.S. Coast Guard Academy and completion of an on-board engineer officer qualification program required by the service;</P> <P>(iii) The U.S. Naval Academy and completion of an on-board engineer officer qualification program required by the service;</P> <P>(iv) The engineering class of a Maritime Academy approved by and conducted under the rules prescribed by the Maritime Administrator and listed in part 310 of this title;</P> <P>(4) Graduation from the marine engineering course of a school of technology accredited by the Accreditation Board for Engineering and Technology, together with three months of service in the engine department of steam or motor vessels;</P> <P>(5) Graduation from the mechanical or electrical engineering course of a school of technology accredited by the Accreditation Board for Engineering and Technology, together with six months of service in the engine department of steam or motor vessels;</P> <P>(6) Satisfactory completion of a three-year apprentice engineers training program approved by the Commanding Officer, National Maritime Center; or,</P> <P>(7) One year of service as chief engineer (limited-near coastal) of steam or motor vessels and completing the appropriate examination described in subpart I of this part.</P> <P>(b) Experience gained in the deck department on vessels of 100 gross tons or over can be credited for up to three <PRTPAGE P="159"/>months of the service requirements under paragraph (a)(1) of this section.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987 and CGD 81-059, 54 FR 132, Jan. 4, 1989, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.518</SECTNO> <SUBJECT>Service requirements for chief engineer (limited-oceans) of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as chief engineer (limited-oceans) of steam and/or motor vessels is five years total service in the engineroom of vessels. Two years of this service must have been as a licensed engineer. Thirty months of the service must have been as a qualified member of the engine department or equivalent supervisory position.</P> </SECTION> <SECTION> <SECTNO>§ 10.520</SECTNO> <SUBJECT>Service requirements for chief engineer (limited-near coastal) of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as chief engineer (limited-near coastal) of steam and/or motor vessels is four years total service in the engineroom of vessels. One year of this service must have been as a licensed engineer. Two years of the service must have been as a qualified member of the engine department or equivalent supervisory position.</P> </SECTION> <SECTION> <SECTNO>§ 10.522</SECTNO> <SUBJECT>Service requirements for assistant engineer (limited-oceans) of steam and/or motor vessels.</SUBJECT> <P>The minimum service required to qualify an applicant for license as assistant engineer (limited-oceans) of steam and/or motor vessels is three years of service in the engineroom of vessels. Eighteen months of this service must have been as a qualified member of the engine department or equivalent supervisory position.</P> </SECTION> <SECTION> <SECTNO>§ 10.524</SECTNO> <SUBJECT>Service requirements for designated duty engineer of steam and/or motor vessels.</SUBJECT> <P>(a) Designated duty engineer licenses are issued in three levels of horsepower limitations dependent upon the total service of the applicant and completion of appropriate examination. These licenses are limited to vessels of not more than 500 gross tons on certain waters as specified in § 10.501.</P> <P>(b) The service requirements for licenses as designated duty engineer are:</P> <P>(1) For designated duty engineer of steam and/or motor vessels of any horsepower, the applicant must have three years of service in the engineroom. Eighteen months of this service must have been as a qualified member of the engine department or equivalent supervisory position.</P> <P>(2) For designated duty engineer of steam and/or motor vessels of not more than 4,000 horsepower, the applicant must have two years of service in the engineroom. One year of this service must have been as a qualified member of the engine department or equivalent supervisory position.</P> <P>(3) For designated duty engineer of steam and/or motor vessels of not more than 1,000 horsepower, the applicant must have one year of service in the engineroom. Six months of this service must have been as a qualified member of the engine department or equivalent supervisory position.</P> </SECTION> <SECTION> <SECTNO>§ 10.530</SECTNO> <SUBJECT>Licenses for engineers of uninspected fishing industry vessels.</SUBJECT> <P>(a) This section applies to licenses for chief and assistant engineers of all vessels, however propelled, navigating the high seas, which are documented to engage in the fishing industry, with the exception of:</P> <P>(1) Wooden ships of primitive build;</P> <P>(2) Unrigged vessels; and,</P> <P>(3) Vessels of less than 200 gross tons.</P> <P>(b) Licenses as chief engineer and assistant engineer of uninspected fishing industry vessels are issued for ocean waters and with horsepower limitations in accordance with the provisions of § 10.503.</P> <P>(c) For a license as chief engineer, the applicant must have served four years in the engineroom of vessels. One year of this service must have been as a licensed assistant engineer or equivalent supervisory position.</P> <P>(d) For a license as assistant engineer, an applicant must have served three years in the engineroom of vessels.<PRTPAGE P="160"/> </P> <P>(e) Two-thirds of the service required under this section must have been on motor vessels.</P> <P>(f) Applicants may request an orally assisted examination on the subjects listed in subpart I of this part.</P> </SECTION> <SECTION> <SECTNO>§ 10.540</SECTNO> <SUBJECT>Licenses for engineers of mobile offshore drilling units.</SUBJECT> <P>Licenses as chief engineer (MODU) or assistant engineer (MODU) authorize service on certain self-propelled or non-self-propelled units of any horsepower where authorized by the vessel's certificate of inspection.</P> <CITA>[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.542</SECTNO> <SUBJECT>License for chief engineer (MODU).</SUBJECT> <P>To qualify for a license as chief engineer (MODU) an applicant must:</P> <P>(a) Present evidence of the following experience:</P> <P>(1) Six years of employment assigned to MODUs including three years of employment as mechanic, motorman, subsea engineer, electrician, barge engineer, toolpusher, unit superintendent, crane operator or equivalent. Eighteen months of that employment must have been assigned to self-propelled or propulsion assisted units; or</P> <P>(2) Two years of employment assigned to MODUs as an assistant engineer (MODU). Twelve months of that employment must have been assigned to self-propelled or propulsion assisted units; and</P> <P>(b) Present evidence of completion of a firefighting training course as required by § 10.205(g) of this part.</P> <P>(c) If an applicant successfully completes a modified examination and possesses the total required sea service for a license as chief engineer (MODU), but does not possess the required sea service on board self-propelled or propulsion assisted units, the OCMI may issue the applicant a license limited to non-self-propelled units. The OCMI may remove the limitation upon presentation of satisfactory evidence of the required self-propelled sea service and completion of any additional required examination.</P> <CITA>[CGD 81-059a, 55 FR 14802, Apr. 18, 1990, as amended by CGD 81-059a, 59 FR 10756, Mar. 8, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.544</SECTNO> <SUBJECT>License for assistant engineer (MODU).</SUBJECT> <P>To qualify for a license as assistant engineer (MODU) an applicant must:</P> <P>(a) Present evidence of the following experience:</P> <P>(1) Three years of employment assigned to MODUs including 18 months of employment as mechanic, motorman, subsea engineer, electrician, barge engineer, toolpusher, unit superintendent, crane operator or equivalent. Nine months of that employment must have been assigned to self-propelled or propulsion assisted units;</P> <P>(2) Three years of employment in the machinist trade engaged in the construction or repair of diesel engines and one year of employment assigned to MODUs in the capacity of mechanic, motorman, oiler, or equivalent. Nine months of that employment must have been assigned to self-propelled or propulsion assisted units; or</P> <P>(3) A degree from a program in marine, mechanical, or electrical engineering technology which is accredited by the Accreditation Board for Engineering and Technology (ABET). Commanding Officer, National Maritime Center will give consideration to accepting education credentials from programs having other than ABET accreditation. An applicant qualifying through a degree program must also have at least six months of employment in any of the capacities listed in paragraph (a)(1) of this section aboard self-propelled or propulsion assisted units; and</P> <P>(b) Present evidence of completion of a firefighting training course as required by § 10.205(g) of this part.</P> <P>(c) If an applicant successfully completes a modified examination and possesses the total required sea service for a license as an assistant engineer (MODU), but does not possess the required sea service on board self-propelled or propulsion assisted units, the OCMI may issue the applicant a license limited to non-self-propelled units. The OCMI may remove the limitation upon presentation of the satisfactory evidence of the required self-propelled sea <PRTPAGE P="161"/>service and completion of any additional required examination.</P> <CITA>[CGD 81-059a, 55 FR 14802, Apr. 18, 1990, as amended by CGD 81-059a, 59 FR 10756, Mar. 8, 1994; CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.551</SECTNO> <SUBJECT>Licenses for service on offshore supply vessels.</SUBJECT> <P>Each license for service on OSVs as Chief Engineer (OSV) or Engineer (OSV) authorizes service on OSVs as defined in 46 U.S.C. 2101(19) and as interpreted under 46 U.S.C. 14104(b), subject to any restrictions placed on the license.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997; CGD 95-062, 62 FR 40140, July 25, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.553</SECTNO> <SUBJECT>Chief Engineer (OSV).</SUBJECT> <P>(a) Except as provided by paragraph (b) of this section, to qualify for a license as Chief engineer (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation III/2.</P> <P>(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation III/2 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.</P> <CITA>[CGD 95-062, 62 FR 34532, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.555</SECTNO> <SUBJECT>Engineer (OSV).</SUBJECT> <P>(a) Except as provided by paragraph (b) of this section, to qualify for a license as Engineer (OSV), an applicant shall present evidence that he or she meets the appropriate requirements of STCW Regulation III/1.</P> <P>(b) The OCMI may exempt an applicant from meeting any requirement under STCW Regulation III/1 that the OCMI determines to be inappropriate or unnecessary for service on an OSV, or that the applicant meets under the equivalency provisions of Article IX of STCW.</P> <CITA>[CGD 95-062, 62 FR 34533, June 26, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Licensing of Radio Officers</HD> <SECTION> <SECTNO>§ 10.601</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart provides for the licensing of radio officers for employment on vessels, and for the issue of STCW certificates or endorsements for those qualified to serve as radio operators on vessels subject to the provisions on the Global Maritime Distress and Safety System (GMDSS) of Chapter IV of SOLAS.</P> <CITA>[CGD 95-062, 62 FR 34533, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.603</SECTNO> <SUBJECT>Requirements for radio officers' licenses, and STCW certificates or endorsements for GMDSS radio operators.</SUBJECT> <P>(a) Each applicant for an original license or renewal of license shall present a current first or second class radiotelegraph operator license issued by the Federal Communications Commission. The applicant shall enter on the license application form the number, class, and date of issuance of his or her Federal Communications Commission license.</P> <P>(b) An applicant for license as radio officer shall apply for a merchant mariner's document under part 12. This document will be endorsed <E T="03">See License as Radio Officer.</E> </P> <P>(c) The application must also include a completed form CG-2765 <E T="03">Coast Guard Intelligence Agency Check Request</E>.</P> <P>(d) Each applicant who furnishes evidence that he or she meets the standard of competence set out in STCW Regulation IV/2, including the competence to transmit and receive information using subsystems of GMDSS, to fulfill the functional requirements of GMDSS, and to provide radio services in emergencies is entitled to hold an STCW certificate suitably endorsed for performing duties associated with GMDSS.</P> <P>(e) Evidence required by paragraph (d) of this section must include a certificate—</P> <P>(1) For operator of radio in the GMDSS issued by the Federal Communications Commission (FCC); and<PRTPAGE P="162"/> </P> <P>(2) Of completion from a Coast Guard-approved course for operator of radio in the GMDSS, or other approved programs of training and assessment covering the same areas of competence.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 34533, June 26, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Professional Requirements for Pilot Licenses</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>CGD 81-059b, 52 FR 38659, Oct. 16, 1987 unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 10.701</SECTNO> <SUBJECT>Scope of pilot licenses and endorsements.</SUBJECT> <P>(a) An applicant for a license as first class pilot need not hold any other license issued under this part. An individual holding a license as master, mate, or operator of uninspected towing vessels may apply for an endorsement as first class pilot for a specific route or routes in lieu of applying for a first class pilot's license.</P> <P>(b) The issuance of a license or endorsement as first class pilot to an individual qualifies that individual to serve as pilot over the route(s) specified on the license, subject to any limitations imposed under paragraph (c) of this section.</P> <P>(c) The Officer in Charge, Marine Inspection, issuing a license or endorsement as first class pilot, imposes appropriate limitations commensurate with the experience of the applicant, with respect to class or type of vessel, tonnage, route, and waters.</P> <P>(d) A license issued for service as a master, mate, or operator of uninspected towing vessels authorizes service as a pilot under the provisions of § 15.812 of this subchapter. Therefore, first class pilot endorsements will not be issued with tonnage limitations of 1600 gross tons or less.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.703</SECTNO> <SUBJECT>Service requirements.</SUBJECT> <P>(a) The minimum service required to qualify an applicant for a license as first class pilot, or for an endorsement as first class pilot on a license as master, mate, or operator of uninspected towing vessels, is predicated upon the nature of the waters for which pilotage is desired.</P> <P>(1) <E T="03">General routes (routes not restricted to rivers, canals and small lakes).</E> The applicant must have at least 36 months service in the deck department of steam or motor vessels navigating on oceans, coastwise, Great Lakes, or bays, sounds, and lakes other than the Great Lakes, as follows:</P> <P>(i) 18 months of the 36 months service must be as quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilothouse as part of routine duties.</P> <P>(ii) At least 12 months of the 18 months service required in paragraph (a)(1)(i) of this section must be on vessels operating on the class of waters for which pilotage is desired.</P> <P>(2) <E T="03">River routes.</E> The applicant must have at least 36 months service in the deck department of any vessel including at least 12 months service on vessels operating on the waters of rivers while the applicant is serving in the capacity of quartermaster, wheelsman, apprentice pilot, or deckhand who stands watches at the wheel as part of routine duties.</P> <P>(3) <E T="03">Canal and small lakes routes.</E> The applicant must have at least 24 months service in the deck department of any vessel including at least 8 months service on vessels operating on canals or small lakes.</P> <P>(b) A graduate of the Great Lakes Maritime Academy in the deck class meets the service requirements of this section for a license as first class pilot on the Great Lakes.</P> <P>(c) Completion of a course of pilot training approved by the Commanding Officer, National Maritime Center, under subpart C of this part may be substituted for a portion of the service requirements of this section in accordance with § 10.304. Additionally, round trips made during this training may apply toward the route familiarization requirements of § 10.705. An individual using substituted service must have at least nine months of shipboard service.</P> <P>(d) An individual holding a license as master or mate of inspected steam or motor vessels of over 1,600 gross tons meets the service requirements of this <PRTPAGE P="163"/>section for an endorsement as first class pilot.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989; CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.705</SECTNO> <SUBJECT>Route familiarization requirements.</SUBJECT> <P>(a) The Officer in Charge, Marine Inspection having jurisdiction determines, within the range limitations specified in this section, the number of round trips required to qualify an applicant for a particular route, considering the following:</P> <P>(1) The geographic configuration of the waterway;</P> <P>(2) The type and size of vessels using the waterway;</P> <P>(3) The abundance or absence of aids to navigation;</P> <P>(4) The background lighting effects;</P> <P>(5) The known hazards involved, including waterway obstructions or constrictions such as bridges, narrow channels, or sharp turns; and,</P> <P>(6) Any other factors unique to the route that the OCMI deems appropriate.</P> <P>(b) An applicant for an original license as first class pilot shall furnish evidence of having completed a minimum number of round trips, while serving as quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilot house as part of routine duties, over the route sought. Evidence of having completed a minimum number of round trips while serving as an observer, properly certified by the master and/or pilot of the vessel, is also acceptable. The range of round trips for an initial license is a minimum of 12 round trips and a maximum of 20 round trips. An applicant may have additional routes added to the first class pilot license by meeting the requirements for obtaining an endorsement.</P> <P>(c) An applicant for an endorsement as first class pilot for a particular route shall furnish evidence of having completed the number of round trips over the route, specified by the Officer In Charge, Marine Inspection, within the range limitations of this paragraph, for the particular grade of existing license held. The range of round trips for an endorsement is a minimum of 8 round trips and a maximum of 15 round trips.</P> <P>(d) Unless determined impracticable by the OCMI, 25% of the round trips required by the OCMI under this section must be made during the hours of darkness.</P> <P>(e) One of the round trips required by the OCMI under this section must be made over the route within the six months immediately preceding the date of application.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.707</SECTNO> <SUBJECT>Examination requirements.</SUBJECT> <P>(a) An applicant for a license as first class pilot is required to pass the examination described in subpart I of this part.</P> <P>(b) An applicant for an extension of route, or a licensed master or mate authorized to serve on vessels of over 1,600 gross tons seeking an endorsement as first class pilot, is required to pass those portions of the examination described in subpart I of this part that concern the specific route for which endorsement is sought.</P> </SECTION> <SECTION> <SECTNO>§ 10.709</SECTNO> <SUBJECT>Annual physical examination requirements.</SUBJECT> <P>(a) This section applies only to an individual who pilots a vessel of 1,600 gross tons and over.</P> <P>(b) Every person holding a license or endorsement as first class pilot shall have a thorough physical examination each year while holding the license or endorsement.</P> <P>(c) Each annual physical examination must meet the requirements specified in § 10.205(d) except that the record of examination need not be submitted to the Coast Guard except as provided for in paragraph (e) of this section.</P> <P>(d) An individual's first class pilot license or endorsement becomes invalid on the first day of the month following the first anniversary of the individual's most recent physical examination satisfactorily completed; the individual may not operate under the authority of that license or endorsement until a physical examination has been satisfactorily completed.<PRTPAGE P="164"/> </P> <P>(e) Upon request, a first class pilot shall provide the Coast Guard with a copy of his or her most recent physical examination.</P> </SECTION> <SECTION> <SECTNO>§ 10.711</SECTNO> <SUBJECT>Tonnage requirements.</SUBJECT> <P>(a) In order to obtain a first class pilot license or endorsement authorizing service on vessels of <E T="03">any gross tons</E> over a particular route, the applicant must have sufficient experience on vessels of over 1,600 gross tons.</P> <P>(b) If an applicant does not have sufficient experience on vessels of over 1,600 gross tons, the license or endorsement will be for a limited tonnage until the applicant completes a number of additional round trips, as determined by the OCMI, within the range contained in § 10.705 (b) or (c), as appropriate, on vessels of over 1,600 gross tons.</P> <P>(c) For purposes of this section, an applicant is considered to have sufficient experience if the applicant has 18 months experience as master, mate, quartermaster, wheelsman, able seaman, apprentice pilot, or in an equivalent capacity, standing regular watches at the wheel or in the pilothouse as part of routine duties, on vessels of 1,600 gross tons or over, and two-thirds of the minimum number of round trips required for the route have been on vessels of 1,600 gross tons or over.</P> <P>(d) For purposes of this section, for experience with respect to tonnage on towing vessels, the combined gross tonnage of the towing vessel and the vessel(s) towed will be considered. However, the OCMI may require that all or a portion of the required number of round trips be obtained on self-propelled vessels of 1,600 gross tons or over, when the OCMI determines that due to the nature of the waters and the overall experience of the applicant, self-propelled vessel experience is necessary to obtain a first class pilot license or endorsement that is not restricted to tug and barge combinations.</P> </SECTION> <SECTION> <SECTNO>§ 10.713</SECTNO> <SUBJECT>Requirements for maintaining current knowledge of waters to be navigated.</SUBJECT> <P>(a) If a first class pilot has not served over a particular route within the past 60 months, that person's license or endorsement is invalid for that route, and remains invalid until the individual has made one re-familiarization round trip over that route, except as provided in paragraph (b) of this section. Whether this requirement is satisfied or not has no effect on the renewal of a license or endorsement. Round trips made within the 90 day period preceding renewal will be valid for the duration of the renewed license or endorsement.</P> <P>(b) For certain long or extended routes, the OCMI may, at his discretion, allow the re-familiarization requirement to be satisfied by reviewing appropriate navigation charts, coast pilots tide and current tables, local Notice to Mariners, and any other materials which would provide the pilot with current knowledge of the route. Persons using this method of re-familiarization shall certify, when applying for renewal of their license or endorsement, the material they have reviewed and the dates on which this was accomplished. Review within the 90 day period preceding renewal is valid for the duration of the renewed license or endorsement.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Registration of Staff Officers</HD> <SECTION> <SECTNO>§ 10.801</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>This subpart provides for the registration of staff officers for employment on vessels documented or numbered under the laws of the United States. Staff officers must be registered if serving on most vessels in ocean service or on the Great Lakes.</P> </SECTION> <SECTION> <SECTNO>§ 10.803</SECTNO> <SUBJECT>Grades of certificates issued.</SUBJECT> <P>Staff officers are registered in the following grades:</P> <P>(a) Chief purser.</P> <P>(b) Purser.</P> <P>(c) Senior assistant purser.</P> <P>(d) Junior assistant purser.</P> <P>(e) Medical doctor.</P> <P>(f) Professional nurse.</P> </SECTION> <SECTION> <SECTNO>§ 10.805</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The applicant for a certificate of registry as staff officer is not required to take any examination; however, the applicant shall present to the Officer in <PRTPAGE P="165"/>Charge, Marine Inspection a letter justifying the need for the certificate of registry.</P> <P>(b) The applicant must hold or apply for a merchant mariner s document.</P> <P>(c) Endorsements for a higher grade are not made on certificates of registry. An applicant for a higher grade in the staff department shall apply in the same manner as for an original certificate of registry and shall surrender the certificate upon issuance of the new certificate of registry. A person holding a certificate of registry as staff officer may serve in a lower grade of a service for which he or she is registered.</P> <P>(d) Title 46 U.S.C. 8302 addresses uniforms for staff officers who are members of the Naval Reserve.</P> <P>(e) A duplicate certificate of registry may be issued by the Officer in Charge, Marine Inspection. (See § 10.219.)</P> <P>(f) A certificate of registry is valid for a term of 5 years from the date of issuance. Procedures for renewing certificates of registry are found in § 10.209. The expiration date of a certificate of registry issued without an expiration date shall be determined in accordance with § 10.811.</P> <P>(g) Each applicant for an original certificate of registry or a higher grade of certificate of registry, as described by paragraph (c) of this section, shall produce evidence of having passed a chemical test for dangerous drugs or of qualifying for an exception from testing in § 16.220 of this subchapter. An applicant who fails a chemical test for dangerous drugs will not be issued a certificate of registry.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989; CGD 91-211, 59 FR 49300, Sept. 27, 1994; CGD 91-223, 60 FR 4525, Jan. 23, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.807</SECTNO> <SUBJECT>Experience requirements for registry.</SUBJECT> <P>(a) The applicant for a certificate of registry as staff officer shall submit evidence of experience as follows:</P> <P>(1) <E T="03">Chief purser.</E> Two years of service aboard vessels performing duties relating to work in the purser's office.</P> <P>(2) <E T="03">Purser.</E> One year of service aboard vessels performing duties relating to work in the purser's office.</P> <P>(3) <E T="03">Senior assistant purser.</E> Six months of service aboard vessels performing duties relating to work in purser's office.</P> <P>(4) <E T="03">Junior assistant purser.</E> Previous experience not required.</P> <P>(5) <E T="03">Medical doctor.</E> A valid license as physician or surgeon issued under the authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.</P> <P>(6) <E T="03">Professional nurse.</E> A valid license as a registered nurse issued under authority of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.</P> <P>(b) Employment on shore in connection with ship's business may be accepted in lieu of service aboard vessels. Related shore employment is accepted in the ratio of two months of shore service to count as one month of service aboard vessels.</P> <P>(c) In computing the length of service required of an applicant for a certificate of registry, service of one season on vessels on the Great Lakes is counted as service of one year.</P> <P>(d) In the event an applicant for a certificate of registry, other than medical doctor or professional nurse, presents evidence of other qualifications which, in the opinion of the Officer in Charge, Marine Inspection, is equivalent to the experience requirements of this section and is consistent with the duties of a staff officer, the Officer in Charge, Marine Inspection may issue the certificate of registry.</P> </SECTION> <SECTION> <SECTNO>§ 10.809</SECTNO> <SUBJECT>Experience requirements for ratings endorsed on certificate of registry.</SUBJECT> <P>An applicant for rating to be endorsed on a certificate of registry shall submit evidence of experience as follows:</P> <P>(a) <E T="03">Marine physician assistant.</E> Successful completion of an accredited course of instruction for a physician's assistant or nurse practitioner program.</P> <P>(b) <E T="03">Hospital corpsman.</E> A rating of at least hospital corpsman or health services technician, first class in the U.S. Navy, U.S. Coast Guard, U.S. Marine Corps, or an equivalent rating in the <PRTPAGE P="166"/>U.S. Army (not less than staff sergeant, Medical Department, U.S.A.), or in the U.S. Air Force (not less than technical sergeant, Medical Department, U.S.A.F.), and a period of satisfactory service of at least one month in a military hospital or U.S. Public Health Service Hospital.</P> </SECTION> <SECTION> <SECTNO>§ 10.811</SECTNO> <SUBJECT>Expiration of existing certificates of registry.</SUBJECT> <P>The expiration year of a certificate of registry issued without an expiration date is calculated by adding 5-year increments to the issuance date of the certificate of registry, up to first applicable year falling between 1995 and 1999, inclusive. The day and month of expiration are the same as that of issuance. Table 10.811 is provided as an aid for calculating the expiration date of a certificate of registry issued without an expiration date. A certificate of registry is not valid for use after the expiration date calculated under this section, but may be renewed in accordance with the requirements of § 10.209.</P> <GPOTABLE CDEF="6C,6C,6C,6C,6C" COLS="5" OPTS="L2,i1"> <TTITLE>Table 10.811.—Expiration of Certificates of Registry Issued With No Expiration Date <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">Expiration year</CHED> <CHED H="2">1999</CHED> <CHED H="2">1998</CHED> <CHED H="2">1997</CHED> <CHED H="2">1996</CHED> <CHED H="2">1995</CHED> </BOXHD> <ROW EXPSTB="00" RUL="03,s"> <ENT I="28"> <E T="02">Issue Year</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">1994</ENT> <ENT>1993</ENT> <ENT>1992</ENT> <ENT>1991</ENT> <ENT>1990</ENT> </ROW> <ROW> <ENT I="01">1989</ENT> <ENT>1988</ENT> <ENT>1987</ENT> <ENT>1986</ENT> <ENT>1985</ENT> </ROW> <ROW> <ENT I="01">1984</ENT> <ENT>1983</ENT> <ENT>1982</ENT> <ENT>1981</ENT> <ENT>1980</ENT> </ROW> <ROW> <ENT I="01">1979</ENT> <ENT>1978</ENT> <ENT>1977</ENT> <ENT>1976</ENT> <ENT>1975</ENT> </ROW> <ROW> <ENT I="01">1974</ENT> <ENT>1973</ENT> <ENT>1972</ENT> <ENT>1971</ENT> <ENT>1970</ENT> </ROW> <ROW> <ENT I="01">1969</ENT> <ENT>1968</ENT> <ENT>1967</ENT> <ENT>1966</ENT> <ENT>1965</ENT> </ROW> <ROW> <ENT I="01">1964</ENT> <ENT>1963</ENT> <ENT>1962</ENT> <ENT>1961</ENT> <ENT>1960</ENT> </ROW> <ROW> <ENT I="01">1959</ENT> <ENT>1958</ENT> <ENT>1957</ENT> <ENT>1956</ENT> <ENT>1955</ENT> </ROW> <ROW> <ENT I="01">1954</ENT> <ENT>1953</ENT> <ENT>1952</ENT> <ENT>1951</ENT> <ENT>1950</ENT> </ROW> <ROW> <ENT I="01">1949</ENT> <ENT>1948</ENT> <ENT>1947</ENT> <ENT>1946</ENT> <ENT>1945</ENT> </ROW> <ROW> <ENT I="01">1944</ENT> <ENT>1943</ENT> <ENT>1942</ENT> <ENT>1941</ENT> <ENT>1940</ENT> </ROW> <ROW> <ENT I="01">1939</ENT> <ENT>1938</ENT> <ENT>1937</ENT> <ENT/> <ENT/> </ROW> <TNOTE> <SU>1</SU> Find the year in which the certificate of registry was issued (Issue Year), then move up the column to find the Expiration Year. Month and day of expiration correspond to the month and day of issue.</TNOTE> </GPOTABLE> <CITA>[CGD 91-211, 59 FR 49300, Sept. 27, 1994; CGD 91-211, 59 FR 50964, Oct. 6, 1994]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Subjects of License Examinations and Practical Demonstrations of Competence</HD> <SECTION> <SECTNO>§ 10.901</SECTNO> <SUBJECT>General provisions.</SUBJECT> <P>(a) Each applicant for any license listed in this part shall pass examinations on the appropriate subjects listed in this subpart, except as noted in § 10.903(b).</P> <P>(b) If the license is to be limited in a manner which would render any of the subject matter unnecessary or inappropriate, the examination may be amended accordingly by the Officer in Charge, Marine Inspection. Limitations which may affect the examination content are:</P> <P>(1) Restricted routes for reduced service licenses (master or mate of vessels of not more than 200 gross tons, operator of uninspected passenger vessels or uninspected towing vessels); or,</P> <P>(2) Engineer licenses with horsepower restrictions.</P> <P>(c) Except as provided in §§ 10.202 and 10.209, each applicant for an STCW certificate or endorsement, to be valid for service on or after February 1, 2002, in the following capacities on vessels that operate beyond the Boundary Line shall also furnish sufficient documentary evidence that he or she has made a practical demonstration(s) of competence as set out under the appropriate STCW Regulations:</P> <P>(1) <E T="03">Deck Department.</E> (i) Officer in charge of the navigational watch on a seagoing vessel of 500 gross tons (GT) or more.</P> <P>(ii) Officer in charge of the navigational watch on a seagoing vessel of less than 500 GT not engaged on a near-coastal voyage.</P> <P>(iii) Officer in charge of the navigational watch on a seagoing vessel of less than 500 GT engaged on a near-coastal voyage.</P> <P>(iv) Master and chief mate on a seagoing vessel of 3,000 GT or more.</P> <P>(v) Master and chief mate on a seagoing vessel of between 500 and 3,000 GT.<PRTPAGE P="167"/> </P> <P>(vi) Master on a seagoing vessel of less than 500 GT not engaged on a near-coastal voyage.</P> <P>(vii) Master on a seagoing vessel of less than 500 gross tons engaged on a near-coastal voyage.</P> <P>(2) <E T="03">Engine Department.</E> (i) Officer in charge of the engineering watch in a manned engine-room on a seagoing vessel.</P> <P>(ii) Designated duty engineer in a periodically unmanned engine-room on a seagoing vessel.</P> <P>(iii) Chief engineer officer of a seagoing vessel driven by main propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.</P> <P>(iv) Second engineer officer of a seagoing vessel driven by main propulsion machinery of 3,000 kW [4,000 hp] of propulsion power or more.</P> <P>(v) Chief engineer officer of a seagoing vessel driven by main propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 hp] of propulsion power.</P> <P>(vi) Second engineer officer of a seagoing vessel driven by main propulsion machinery of between 750 kW [1,000 hp] and 3,000 kW [4,000 hp] of propulsion power.</P> <P>(d) Simulators used in assessment of competence under paragraph (c) of this section must meet the appropriate performance standards set out in Section A-I/12 of the STCW Code. However, simulators installed or brought into use before February 1, 2002, need not meet them so far as they fulfill the objectives of the assessment of competence or demonstration of proficiency.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989; CGD 94-029, 61 FR 47064, Sept. 6, 1996; CGD 95-062, 62 FR 34533, June 26, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.903</SECTNO> <SUBJECT>Licenses requiring examinations.</SUBJECT> <P>(a) The following licenses require examinations for issuance:</P> <P>(1) Master ocean/near coastal any gross tons;<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Examination will vary depending upon route desired.</P> </FTNT> <P>(2) Chief mate ocean/near coastal any gross tons;<SU>1</SU> </P> <P>(3) Second mate ocean/near coastal any gross tons;<SU>1</SU> </P> <P>(4) Third mate ocean/near coastal any gross tons;<SU>1</SU> </P> <P>(5) Master ocean/near coastal not more than 500 or 1600 gross tons;<SU>1</SU> </P> <P>(6) Mate ocean/near coastal not more than 500 or 1600 gross tons;<SU>1</SU> </P> <P>(7) Mate near coastal not more than 200 gross tons;</P> <P>(8) Master near coastal not more than 100 gross tons;</P> <P>(9) Master Great Lakes and inland any gross tons;</P> <P>(10) Mate Great Lakes and inland any gross tons;</P> <P>(11) Master inland any gross tons;</P> <P>(12) Master river any gross tons;</P> <P>(13) Master Great Lakes and inland/river not more than 500 or 1600 gross tons;<SU>1</SU> </P> <P>(14) Mate Great Lakes and inland/river not more than 500 or 1600 gross tons;<SU>1</SU> </P> <P>(15) Mate Great Lakes and inland/inland/river not more than 200 gross tons;<SU>1</SU> </P> <P>(16) Master Great Lakes and inland/inland/river not more than 100 gross tons;<SU>1</SU> </P> <P>(17) First class pilot;</P> <P>(18) Operator or second-class operator uninspected towing vessels;</P> <P>(19) Operator uninspected passenger vessels;</P> <P>(20) Master uninspected fishing industry vessels;</P> <P>(21) Mate uninspected fishing industry vessels;</P> <P>(22) Chief engineer steam/motor vessels;</P> <P>(23) First assistant engineer steam/motor vessels;</P> <P>(24) Second assistant engineer steam/motor vessels;</P> <P>(25) Third assistant engineer steam/motor vessels;</P> <P>(26) Chief engineer (limited) steam/motor vessels;</P> <P>(27) Assistant engineer (limited) steam/motor vessels;</P> <P>(28) Designated duty engineer steam/motor vessels;</P> <P>(29) Chief engineer uninspected fishing industry vessels;</P> <P>(30) Assistant engineer uninspected fishing industry vessels.</P> <P>(b) The following licenses do not require examinations:<PRTPAGE P="168"/> </P> <P>(1) Master ocean any gross tons when adding an endorsement as Offshore Installation Manager.</P> <P>(2) Master ocean or near coastal not more than 200 gross tons, when raising license grade from mate near coastal not more than 200 gross tons. Master ocean not more than 200 gross tons would, however, require an examination in celestial navigation.</P> <P>(3) Master Great Lakes and inland, inland, and rivers not more than 200 gross tons when raising license grade from mate of the same route not more than 200 gross tons.</P> <P>(4) Operator of uninspected towing vessels, when raising license grade from second class operator of uninspected towing vessels (endorsed for same route).</P> <P>(c) Each candidate for any of the following licenses, who commences Coast Guard approved or accepted training or approved seagoing service on or after August 1, 1998, or who applies for the license on or after February 1, 2002, shall meet the requirements of the appropriate regulations and standards of competence in STCW and in part A of the STCW Code, as indicated in table 903-1:</P> <P>(1) Master, oceans and near coastal, any gross tons.</P> <P>(2) Chief mate, oceans and near coastal, any gross tons.</P> <P>(3) Master, oceans and near coastal, 500 to 1600 gross tons.</P> <P>(4) Second mate, oceans and near coastal, any gross tons.</P> <P>(5) Third mate, oceans and near coastal, any gross tons.</P> <P>(6) Mate, oceans and near coastal, 500 to 1600 gross tons.</P> <P>(7) Operator, uninspected towing vessel of over 200 gross tons, oceans (domestic trade) and near coastal.</P> <P>(8) Master (OSV).</P> <P>(9) Chief mate (OSV).</P> <P>(10) Mate (OSV).</P> <P>(11) Chief engineer, unlimited.</P> <P>(12) 1st Assistant engineer, unlimited.</P> <P>(13) 2nd Assistant engineer, unlimited.</P> <P>(14) 3rd Assistant engineer, unlimited.</P> <P>(15) Chief engineer, limited—oceans.</P> <P>(16) Assistant engineer, limited-oceans.</P> <P>(17) Chief engineer, limited-near coastal.</P> <P>(18) Chief engineer (OSV).</P> <P>(19) Engineer (OSV).</P> <GPOTABLE CDEF="s40,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C,2C" COLS="20" OPTS="L2,i1"> <TTITLE>Table 10.903-1</TTITLE> <BOXHD> <CHED H="1">STCW CODE</CHED> <CHED H="1">1</CHED> <CHED H="1">2</CHED> <CHED H="1">3</CHED> <CHED H="1">4</CHED> <CHED H="1">5</CHED> <CHED H="1">6</CHED> <CHED H="1">7</CHED> <CHED H="1">8</CHED> <CHED H="1">9</CHED> <CHED H="1">10</CHED> <CHED H="1">11</CHED> <CHED H="1">12</CHED> <CHED H="1">13</CHED> <CHED H="1">14</CHED> <CHED H="1">15</CHED> <CHED H="1">16</CHED> <CHED H="1">17</CHED> <CHED H="1">18</CHED> <CHED H="1">19</CHED> </BOXHD> <ROW> <ENT I="01">II/1 </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">II/2, p. 1 & 2 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">II/2, p. 3 & 4 </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">II/3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">III/1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="01">III/2 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="01">III/3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> </ROW> </GPOTABLE> <P>(d) After July 31, 1998, any candidate for a license listed in paragraph (c) of this section, who meets the requirements of the appropriate regulations and standards of competence in STCW and part A of the STCW code as indicated in table 10.903-1, need not comply with § 10.910, or, 10.950, of this part.</P> <CITA>[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81-059, 54 FR 144, Jan. 4, 1989; CGD 81-059a, 59 FR 10756, Mar. 8, 1994; CGD 95-062, 62 FR 34533, June 26, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.910</SECTNO> <SUBJECT>Subjects for deck licenses.</SUBJECT> <P>Table 10.910-1 gives the codes used in table 10.910-2 for all deck licenses. Table 10.910-2 indicates the examination subjects for each license, by code number. Figures in the body of the table, in place of the letter “x”, refer to notes.<PRTPAGE P="169"/> </P> <HD SOURCE="HD1">Table <E T="01">10.910-1</E> <E T="04">Codes for Deck Licenses</E> </HD> <HD SOURCE="HD2">Deck Licenses:</HD> <P>1. Master, Oceans/near coastal, any gross tons.</P> <P>2. Chief mate, oceans/near coastal, any gross tons.</P> <P>3. Master, oceans/near coastal, 500/1,600 gross tons.</P> <P>4. Second mate, oceans/near coastal, any gross tons.</P> <P>5. Third mate, oceans/near coastal, any gross tons.</P> <P>6. Mate, oceans/near coastal, 500/1,600 gross tons.</P> <P>7. Master, oceans/near coastal, and mate, near coastal, 200 gross tons (includes master, near coastal, 100 gross tons).</P> <P>8. Operator, uninspected passenger vessels, near coastal.</P> <P>9. Operator, uninspected passenger vessels, Great Lakes/inland.</P> <P>10. Operator, uninspected towing vessels, oceans (domestic trade)/near coastal.</P> <P>11. Operator, uninspected towing vessels, Great Lakes/inland.</P> <P>12. Operator, uninspected towing vessels, Western rivers.</P> <P>13. Master, Great Lakes/inland, or master, inland, any gross tons.</P> <P>14. Mate, Great Lakes/inland, any gross tons.</P> <P>15. Master, Great Lakes/inland, 500/1,600 gross tons.</P> <P>16. Mate, Great Lakes/inland, 500/1,600 gross tons.</P> <P>17. Master or mate, Great Lakes/inland, 200 gross tons (includes master, Great Lakes/inland, 100 gross tons).</P> <P>18. Master, rivers, any gross tons.</P> <P>19. Master, rivers, 500/1,600 gross tons.</P> <P>20. Mate, rivers, 500/1,600 gross tons.</P> <P>21. Master or mate, rivers, 200 gross tons (includes master, rivers, 100 gross tons).</P> <P>22. Master, uninspected fishing industry vessels, oceans/near coastal.</P> <P>23. Mate, uninspected fishing industry vessels, oceans/near coastal.</P> <P>24. First class pilot. </P> <GPOTABLE CDEF="s100,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2" COLS="25" OPTS="L2,b1,i1"> <TTITLE>Table 10.910-2—<E T="04">License Codes</E> </TTITLE> <BOXHD> <CHED H="1">Examination topics</CHED> <CHED H="1">1</CHED> <CHED H="1">2</CHED> <CHED H="1">3</CHED> <CHED H="1">4</CHED> <CHED H="1">5</CHED> <CHED H="1">6</CHED> <CHED H="1">7</CHED> <CHED H="1">8</CHED> <CHED H="1">9</CHED> <CHED H="1">10</CHED> <CHED H="1">11</CHED> <CHED H="1">12</CHED> <CHED H="1">13</CHED> <CHED H="1">14</CHED> <CHED H="1">15</CHED> <CHED H="1">16</CHED> <CHED H="1">17</CHED> <CHED H="1">18</CHED> <CHED H="1">19</CHED> <CHED H="1">20</CHED> <CHED H="1">21</CHED> <CHED H="1">22</CHED> <CHED H="1">23</CHED> <CHED H="1">24</CHED> </BOXHD> <ROW> <ENT I="11">Navigation and position determination:</ENT> </ROW> <ROW> <ENT I="12">Ocean Track Plotting:</ENT> </ROW> <ROW> <ENT I="03">Middle Latitude Sailing</ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Mercator Sailing</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Great Circle Sailing</ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Parallel Sailing</ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">ETA</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="12">Piloting:</ENT> </ROW> <ROW> <ENT I="03">Distance Off</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Bearing Problems</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Fix or Running Fix</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Chart Navigation</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>2 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>2 </ENT> <ENT>2 </ENT> <ENT>2 </ENT> <ENT>2 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Dead Reckoning </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="12">Celestial Observations:</ENT> </ROW> <ROW> <ENT I="03">Special Cases (hi/lo Alt., Backsight)</ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Latitude by Polaris</ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Latitude by Meridian Transit</ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Lat. by Meridian Transit (Sun Only)</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Fix or Running Fix (Any Body)</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Fix or Running Fix (Sun Only)</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Star Identification</ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Star Selection</ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="12">Times of Celestial Phenomena:</ENT> </ROW> <ROW> <ENT I="03">Time of Meridian Transit</ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Time of Meridian Transit (Sun Only)</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Second Estimate Meridian Transit</ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="04">Zone Time Sun Rise/Set/Twilight</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="04">Zone Time Moon Rise/Set</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Speed by RPM</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Fuel Conservation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Electronic Navigation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Instruments and Accessories</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Aids To Navigation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Charts, Navigation Publications, and Notices to Mariners</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Naut. Astronomy & Nav. Definitions</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Chart Sketch</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>4</ENT> </ROW> <ROW> <PRTPAGE P="170"/> <ENT I="11">Seamanship:</ENT> </ROW> <ROW> <ENT I="02">Marlinspike Seamanship</ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Purchases, Blocks and Tackle</ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Small Boat Handling Under Oars or Sail</ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Watchkeeping:</ENT> </ROW> <ROW> <ENT I="02">COLREGS</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>5 </ENT> <ENT>X </ENT> <ENT>5 </ENT> <ENT/> <ENT>5 </ENT> <ENT>5 </ENT> <ENT>5 </ENT> <ENT>5 </ENT> <ENT>5 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Inland Navigational Rules</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Basic Principles, Watchkeeping</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Navigation Safety Regs. (33 CFR 164)</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>6 </ENT> <ENT>6 </ENT> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">Radar Equipment:</ENT> </ROW> <ROW> <ENT I="02">Radar Observer Certificate</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Compass-Magnetic and Gyro:</ENT> </ROW> <ROW> <ENT I="02">Principles of Gyro Compass</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Principles of Magnetic Compass</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Magnetic Compass Adjustment</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Gyro Compass Error/Correction</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Magnetic Compass Error/Correction</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="12">Determination of Compass Error:</ENT> </ROW> <ROW> <ENT I="03">Azimuth (Any Body)</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Azimuth (Sun Only)</ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Amplitude (Any Body)</ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Amplitude (Sun Only)</ENT> <ENT/> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>1 </ENT> <ENT/> <ENT/> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>1 </ENT> <ENT>1 </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Deviation Table Construction</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>1 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Terrestrial Observation</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Gyro Controlled Systems</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Operation & Care of Main Gyro Systems</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Meteorology and Oceanography:</ENT> </ROW> <ROW> <ENT I="02">Characteristics of Weather Systems</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Ocean Current Systems</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Weather Charts and Reports</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="13">Tides and Tidal Currents:</ENT> </ROW> <ROW> <ENT I="04">Extensive Tidal Effects</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="04">Terms and Definitions</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="04">Publications</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="04">Calculations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Ship Maneuvering and Handling:</ENT> </ROW> <ROW> <ENT I="02">Approaching Pilot Vessel or Station</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Shiphandling in Rivers, Estuaries</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Maneuvering in Shallow Water</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Interaction with Bank/Passing Ship</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Berthing and Unberthing</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Anchoring and Mooring</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Dragging, Clearing Fouled Anchors</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Drydocking, with & without Prior Damage</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Heavy Weather Operations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Maneuvering for Launching of Lifeboats and Liferafts in Heavy Weather</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Receiving Survivors From Lfbts/Lfrfts</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">General: Turn Circle, Pivot Point, Advance and Transfer</ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Determine Maneuvering Characteristics of Major Vessel Types</ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Wake Reduction</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Ice Operations/Ice Navigation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Towing Operations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Ship Stability, Construction, and Damage Control:</ENT> </ROW> <ROW> <ENT I="03">Principles of Ship Construction</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>3 </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Trim and Stability</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Damage Trim and Stability</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Stability, Trim, and Stress Calculation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Vessel Structural Members</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>3 </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">IMO Ship Stability Recommendations</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Damage Control</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Change in Draft Due to Density</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Ship Power Plants:</ENT> </ROW> <ROW> <ENT I="02">Marine Power Plant Operating Principles</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Ships’ Auxiliary Machinery</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Marine Engineering Terms</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Small Engine Operations and Maintenance</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <PRTPAGE P="171"/> <ENT I="11">Cargo Handling and Stowage:</ENT> </ROW> <ROW> <ENT I="02">Cargo Stowage and Security, Including Cargo Gear</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Loading and Discharging Operations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">International Regulations for Cargoes, Especially IMDG</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Dangerous/Hazardous Cargo Regulations</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Tank Vessel Safety</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Cargo Piping and Pumping Systems</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Cargo Oil Terms and Definitions</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Ballasting, Tank Clean., & Gas Free Ops</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Load on Top Procedures</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Barge Regulations (Operations)</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Fire Prevention and Firefighting Appliances:</ENT> </ROW> <ROW> <ENT I="02">Organization of Fire Drills</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Classes and Chemistry of Fire</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Firefighting Systems</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Firefighting Equip. and Regulations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Firefighting Equip. & Regs. for T-Boats</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Basic Firefighting and Prevention</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Emergency Procedures:</ENT> </ROW> <ROW> <ENT I="02">Ship Beaching Precautions</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Actions Prior To/After Grounding</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Refloating a Grounded Ship</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Collision</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Temporary Repairs</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Passenger/Crew Safety in Emergency</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Fire or Explosion</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Abandon Ship Procedures</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Emergency Steering</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Rescuing Surv. From Ship/Airc. in Dist</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Man Overboard Procedures</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Emergency Towing</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Medical Care:</ENT> </ROW> <ROW> <ENT I="12">Knowledge and use of:</ENT> </ROW> <ROW> <ENT I="03">Int'l. Medical Guide for Ships</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Ship Med. Chest and Med. Aid at Sea</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Medical Sec., Inter. Code of Signals</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">1st Aid Guide: Accidents with Dangerous Goods</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">First Aid</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Maritime Law:</ENT> </ROW> <ROW> <ENT I="12">International Maritime Law:</ENT> </ROW> <ROW> <ENT I="03">Int'l. Convention on Load Lines</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">SOLAS</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">MARPOL 73/78</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">International Health Regulations</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Other International Instruments for Ship/Pass./Crew/Cargo Safety</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="12">National Maritime Law:</ENT> </ROW> <ROW> <ENT I="03">Load Lines</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>3 </ENT> <ENT>3 </ENT> <ENT>3 </ENT> <ENT>3 </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Cert. and Documentation of Vessels</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Rules & Regs. for Inspected Vessels</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Rules & Regs. for Inspected T-Boats</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Rules and Regs for Uninsp. Vessels</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Pollution Prevention Regulations</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Pilotage</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Licensing & Certification of Seamen</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="03">Shipment and Discharge, Manning</ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Title 46 U.S. Code</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Captain of the Port Regulations, Vessel Traffic Service Procedures for the Route Desired</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Shipboard Management and Training:</ENT> </ROW> <ROW> <ENT I="02">Personnel Management</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Shipboard Organization</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Required Crew Training</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Ship Sanitation</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Vessel Alteration/Repair—Hot Work</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Safety</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Ship's Business:</ENT> </ROW> <ROW> <ENT I="02">Charters</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <PRTPAGE P="172"/> <ENT I="02">Liens, Salvage</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Insurance</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Entry, Clearance</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Certificates and Documents Required</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Communications:</ENT> </ROW> <ROW> <ENT I="02">Flashing Light</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Radiotelephone Communications</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Radiotelegraphy Emerg. Dist. Signals</ENT> <ENT/> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Signals: Storm/Wreck/Dist./Special</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">International Code of Signals</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Lifesaving:</ENT> </ROW> <ROW> <ENT I="02">Survival at Sea</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lifesaving Appliance Regulations</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Lifesaving Appliance Regs. for T-Boats</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Lifesaving Appliance Operation</ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>7 </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lifesaving Appliance Ops. for T-Boats</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Search and Rescue:</ENT> </ROW> <ROW> <ENT I="02">Search and Rescue Procedures</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">AMVER</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">SAIL/AUXILIARY SAIL VESSELS ADDENDUM (8):</ENT> </ROW> <ROW> <ENT I="03">Any other subject considered necessary to establish the applicant's proficiency</ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <TNOTE>1—For ocean routes only.</TNOTE> <TNOTE>2—River chart navigation only.</TNOTE> <TNOTE>3—Topic covered only on Great Lakes specific module(s) taken for “Great Lakes and inland” routes.</TNOTE> <TNOTE>4—Including recommended courses, distances, prominent aids to navigation, depths of waters in channels and over hazardous shoals, other important features of the route, such as character of the bottom. The OCMI may accept chart sketching of only a portion or portions of the route for long or extended routes.</TNOTE> <TNOTE>5—Take COLREGS if license not limited to non-COLREG waters.</TNOTE> <TNOTE>6—For licenses over 1600 gross tons.</TNOTE> <TNOTE>7—For licenses over 100 gross tons.</TNOTE> <TNOTE>8—Sail vessel safety precautions, rules of the road, operations, heavy weather procedures, navigation, maneuvering, and sailing terminology. Applicants for sail/auxiliary sail endorsements to master, mate or operator of uninspected passenger vessels licenses are also tested in the subjects contained in this addendum.</TNOTE> </GPOTABLE> <CITA>[CGD 81-039a, 55 FR 14802, Apr. 18, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 10.920</SECTNO> <SUBJECT>Subjects for MODU licenses.</SUBJECT> <P>Table 10.920-1 gives the codes used in Table 10.920-2 for MODU licenses. Table 10.920-2 indicates the examination subjects for each license by the code number.</P> <HD SOURCE="HD3">Table 10.920-1 Codes for MODU Licenses</HD> <EXTRACT> <FP SOURCE="FP-1">1. OIM/Unrestricted</FP> <FP SOURCE="FP-1">2. OIM/Surface Units Underway</FP> <FP SOURCE="FP-1">3. OIM/Surface Units on Location</FP> <FP SOURCE="FP-1">4. OIM/Bottom Bearing Units Underway</FP> <FP SOURCE="FP-1">5. OIM/Bottom Bearing Units on Location</FP> <FP SOURCE="FP-1">6. Barge Supervisor</FP> <FP SOURCE="FP-1">7. Ballast Control Operator</FP> <GPOTABLE CDEF="s10,1X1,1X1,1X1,1X1,1X1,1X1,1X1" COLS="8" OPTS="L2,b2,i1"> <TTITLE>Table 10.920-2.—Subjects for MODU Licenses</TTITLE> <BOXHD> <CHED H="1">Examination topics</CHED> <CHED H="1">1</CHED> <CHED H="1">2</CHED> <CHED H="1">3</CHED> <CHED H="1">4</CHED> <CHED H="1">5</CHED> <CHED H="1">6</CHED> <CHED H="1">7</CHED> </BOXHD> <ROW> <ENT I="11">Watchkeeping</ENT> </ROW> <ROW> <ENT I="02">COLREGS</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">“Basic Principles for Navigational Watch”</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">MODU obstruction lights</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Meteorology and oceanography:</ENT> </ROW> <ROW> <ENT I="02">Synoptic chart weather forecasting</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Characteristics of weather systems</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Ocean current systems</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tide and tidal current publications</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Stability, ballasting, construction and damage control:</ENT> </ROW> <ROW> <ENT I="02">Principles of ship construction, structural members</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Trim and stability</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Damaged trim and stability countermeasures</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Stability and trim calculations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Load line requirements</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Operating manual:</ENT> </ROW> <ROW> <ENT I="02">Rig characteristics and limitations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Hydrostatics data</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Tank tables</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">KG limitations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <PRTPAGE P="173"/> <ENT I="02">Severe storm instructions</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Transit instructions</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">On-station instructions</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Unexpected list or trim</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Ballasting procedures</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Operation of bilge system</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Leg loading calculations</ENT> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Completion of variable load form</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Evaluation of variable load form</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Emergency procedures</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Maneuvering and handling:</ENT> </ROW> <ROW> <ENT I="02">Anchoring and anchor handling</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Heavy weather operations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Mooring, positioning</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Moving, positioning</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Fire prevention and firefighting appliances:</ENT> </ROW> <ROW> <ENT I="02">Organization of fire drills</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Classes and chemistry of fire</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Firefighting systems</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Firefighting equipment and regulations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Basic firefighting and prevention of fires</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Emergency procedures and contingency plans:</ENT> </ROW> <ROW> <ENT I="02">Temporary repairs</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fire or explosion</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Abandon unit</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Man overboard</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Heavy weather</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Collision</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Failure of ballast control system</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Mooring emergencies</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Blowouts</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">H<E T="52">2</E> S safety</ENT> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT/> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">General Engineering—Power plants and auxiliary systems:</ENT> </ROW> <ROW> <ENT I="02">Marine engineering terminology</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Engineering equipment, operations and failures</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Offshore drilling operations</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Deck seamanship—general:</ENT> </ROW> <ROW> <ENT I="02">Transfer of personnel</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Support boats/helicopters</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Cargo stowage and securing</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Hazardous materials/dangerous goods precautions</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Mooring equipment</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Crane use procedures and inspections</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Medical care:</ENT> </ROW> <ROW> <ENT I="12">Knowledge and use of:</ENT> </ROW> <ROW> <ENT I="03">First aid</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">First response medical action</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="11">Maritime law and regulation:</ENT> </ROW> <ROW> <ENT I="12">National maritime law:</ENT> </ROW> <ROW> <ENT I="03">Certification and documentation of vessels</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Ship sanitation</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Regulations for vessel inspection</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Pollution prevention regulations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">Licensing and certification regulations</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Rules and regulations for MODUs</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="03">International Maritime law:</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">International Maritime Organization</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">International Convention on Load Lines</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> <ENT>X</ENT> </ROW> <ROW> <ENT I="03">MARPOL 73/78</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Personnel Management and Training:</ENT> </ROW> <ROW> <ENT I="12">Ship's business including:</ENT> </ROW> <ROW> <ENT I="03">Required logs and record keeping</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="03">Casualty reports and records</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> </GPOTABLE> <GPOTABLE CDEF="s10,1X1,1X1,1X1,1X1,1X1,1X1,1X1" COLS="8" OPTS="L2(,0),b2,i1"> <BOXHD> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> <CHED H="1"/> </BOXHD> <ROW> <ENT I="11">Communications:</ENT> </ROW> <ROW> <ENT I="02">Radio communications and FCC permit</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="01">Radiotelephone procedures</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Lifesaving/Survival:</ENT> </ROW> <ROW> <ENT I="02">Lifesaving appliance operation (launching, boat handling)</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Procedures/rules for lifeboats, survival suits, PFDs, liferafts and emergency signals</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Emergency radio transmissions </ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> <ROW> <ENT I="02">Survival at sea</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X</ENT> <ENT>X </ENT> <ENT>X</ENT> </ROW> </GPOTABLE> </EXTRACT> <CITA>[CGD 81-059a, 55 FR 14802, Apr. 18, 1990]<PRTPAGE P="174"/> </CITA> <TSECT> <SECTNO>§ 10.950</SECTNO> <SUBJECT>Subjects for engineer licenses.</SUBJECT> </TSECT> <GPOTABLE CDEF="s75,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10,xl10" COLS="19" OPTS="L2,b2,i1"> <TTITLE>Table 10.950.—Subjects for Engineer Licenses</TTITLE> <BOXHD> <CHED H="1"/> <CHED H="1">Unlimited chief engineer</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Unlimited 1st asst. engineer</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Unlimited 2nd asst. engineer</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Unlimited 3rd asst. engineer</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Chief engineer limited</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">A/E Ltd & DDE unlim.</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Unin. ind. C/E</CHED> <CHED H="2">MTR</CHED> <CHED H="1">Fish. vsl. A/E</CHED> <CHED H="2">MTR</CHED> <CHED H="1">DDE Ltd HP</CHED> <CHED H="2">STM</CHED> <CHED H="2">MTR</CHED> <CHED H="1">MODU ch. eng.</CHED> <CHED H="1">MODU asst. eng.</CHED> </BOXHD> <ROW EXPSTB="00"> <ENT I="11">General Subjects:</ENT> </ROW> <ROW> <ENT I="02">Prints and Tables </ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Pipes, Fittings, Valves</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T</ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Hydraulics</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Bilge Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Sanitary/Sewerage Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Freshwater Systems </ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Lubricants</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Lubrication Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Automation Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Control Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Propellers/Shafting Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Machine Shop</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Distilling Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Pumps</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Compressors</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Administration</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Governors</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Cooling Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Bearings</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Instruments</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Ship Construction and Repair</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Theory</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T</ENT> </ROW> <ROW> <ENT I="02">Steering Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Deck Machinery</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Ventilation Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Thermodynamics</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Watch Duties</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="11">Refrigeration and Air Conditioning:</ENT> </ROW> <ROW> <ENT I="02">Theory</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> </ROW> <ROW> <ENT I="02">Air Conditioning Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Refrigeration Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Control Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Safety</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Casualty Control</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="11">Electricity:</ENT> </ROW> <ROW> <ENT I="02">Theory</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T</ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T </ENT> <ENT>T</ENT> </ROW> <ROW> <ENT I="02">General Maintenance</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Generators</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Motors</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <PRTPAGE P="175"/> <ENT I="02">Motor Controllers</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Propulsion Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Distribution Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Electronic Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Batteries</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Communications</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P</ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Safety</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Casualty Control</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="11">Steam Generators:</ENT> </ROW> <ROW> <ENT I="02">Steam</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P</ENT> <ENT>P </ENT> <ENT>P</ENT> <ENT/> <ENT>P-T </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Main Boilers</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Auxiliary Boilers</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT/> <ENT>P </ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Feedwater Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Condensate Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Recovery Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Fuel</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Fuel Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Boiler Water</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Control Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Automation Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Safety</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T</ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Casualty Control</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P</ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="11">Steam Engines:</ENT> </ROW> <ROW> <ENT I="02">Main Turbine</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Auxiliary Turbine</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Reciprocating Machines</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Governor Systems</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Control Systems</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Automation Systems</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Lubrication Systems</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Drive Systems</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Safety</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Casualty Control</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT/> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="11">Motor:</ENT> </ROW> <ROW> <ENT I="02">Main Engines</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Auxiliary Engines</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Starting Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Lubrication Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Fuel</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Fuel Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Combustion Systems</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Intake Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Exhaust Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Cooling Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Supercharging Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Drive Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT/> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Control Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Automation Systems</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Governors</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <ENT I="02">Turbines</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT/> <ENT>P- </ENT> <ENT>P </ENT> <ENT>P</ENT> </ROW> <ROW> <PRTPAGE P="176"/> <ENT I="02">Safety</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Casualty Control</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="11">Safety:</ENT> </ROW> <ROW> <ENT I="02">Fire</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Fire Prevention</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Fire Fighting</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Flooding</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Dewatering</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Stability and Trim</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Damage Control</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Emergency Equipment and Lifesaving Appliances</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">General Safety</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">First Aid</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Dangerous Materials</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Pollution</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">Inspections and Surveys</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">U.S. Rules and Regulations</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T </ENT> <ENT>P </ENT> <ENT>P </ENT> <ENT>P-T </ENT> <ENT>P-T</ENT> </ROW> <ROW> <ENT I="02">International Rules and Regulations</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT> <ENT>P-T</ENT>