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Subchapter B—Merchant Marine Officers and Seamen

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Subchapter B—Merchant Marine Officers and Seamen SUBCHAPTER B—MERCHANT MARINE OFFICERS AND SEAMEN PART 10—MERCHANT MARINER Subpart A—General CREDENTIAL § 10.101 Purpose of rules in this part. Subpart A—General The regulations in this part provide: (a) A means of determining and Sec. verifying the qualifications an appli- 10.101 Purpose of rules in this part. cant must possess to be eligible for cer- 10.103 Incorporation by reference. tification to serve on merchant vessels; 10.105 Paperwork approval. [Reserved] 10.107 Definitions in subchapter B. (b) A means of determining that an 10.109 Classification of endorsements. applicant is competent to serve under the authority of their merchant mar- Subpart B—General Requirements for All iner credential (MMC); Merchant Mariner Credentials (c) A means of confirming that an ap- plicant does not pose a threat to na- 10.201 General characteristics of the mer- tional security through the require- chant mariner credential. ment to hold a Transportation Worker 10.203 Requirement to hold a TWIC and a Identification Credential (TWIC); and merchant mariner credential. (d) A means of determining whether 10.205 Validity of a merchant mariner cre- dential. the holder of an MMC is a safe and 10.207 Identification number. suitable person. 10.209 General application procedures. § 10.103 Incorporation by reference. 10.211 Criminal record review. 10.213 National Driver Register. (a) Certain material is incorporated 10.214 Security Check. by reference into this part with the ap- 10.215 Medical and physical requirements. proval of the Director of the Federal 10.217 Merchant mariner credential applica- Register under 5 U.S.C. 552(a) and 1 tion and examination locations. CFR part 51. To enforce any edition 10.219 Fees. other than that specified in this sec- 10.221 Citizenship. tion, the Coast Guard must publish no- 10.223 Modification or removal of limita- tice of change in the FEDERAL REG- tions or scope. ISTER and the material must be avail- 10.225 Requirements for original merchant able to the public. All approved mate- mariner credentials. rial is available for inspection at the 10.227 Requirements for renewal. National Archives and Records Admin- 10.229 Issuance of duplicate merchant mar- istration (NARA). For information on iner credentials. the availability of this material at 10.231 Requirements for raises of grade or NARA, call 202–741–6030 or go to http:// new endorsements. www.archives.gov/federallregister/ 10.233 Obligations of the holder of a mer- chant mariner credential. codeloflfederallregulations/ 10.235 Suspension or revocation of merchant ibrllocations.html. Also, it is available mariner credentials. for inspection at the Coast Guard, Of- 10.237 Right of appeal. fice of Operating and Environmental 10.239 Quick reference table for MMC re- Standards (CG–5221), 2100 2nd St. SW., quirements. Stop 7126, Washington, DC 20593–7126, 202–372–1405 and is available from the AUTHORITY: 14 U.S.C. 633; 31 U.S.C. 9701; 46 sources indicated in this section. U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 75; 46 (b) International Maritime Organiza- U.S.C. 7701, 8906 and 70105; Executive Order tion (IMO), 4 Albert Embankment, 10173; Department of Homeland Security Del- London SE1 7SR, England, telephone: + egation No. 0170.1. 44 (0)20 7735 7611, http://www.imo.org: (1) The STCW—International Conven- SOURCE: USCG–2006–24371, 74 FR 11216, Mar. tion on Standards of Training, Certifi- 16, 2009, unless otherwise noted. cation and Watchkeeping for Seafarers, 98 VerDate Mar<15>2010 11:28 Nov 15, 2010 Jkt 220191 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\220191.XXX 220191 erowe on DSK5CLS3C1PROD with CFR Coast Guard, DHS § 10.107 1978, as amended 1995 (the STCW Con- equivalent to a mate on a conventional vention or the STCW), incorporation vessel. by reference approved for §§ 10.107, Barge supervisor or BS means an offi- 10.109, and 10.231. cer restricted to service on MODUs (2) The Seafarers’ Training, Certifi- whose duties involve support to the off- cation and Watchkeeping Code, as shore installation manager (OIM) in amended 1995 (the STCW Code), incor- marine-related matters including, but poration by reference approved for not limited to, maintaining watertight §§ 10.107, 10.109, 10.227, and 10.231. integrity, inspecting and maintaining mooring and towing components, and [USCG–2006–24371, 74 FR 11216, Mar. 16, 2009, as amended by USCG–2009–0702, 74 FR 49224, maintaining emergency and other ma- Sept. 25, 2009] rine-related equipment. A barge super- visor, when assigned to a MODU, is § 10.105 Paperwork approval. [Re- equivalent to a mate on a conventional served] vessel. Boatswain means the leading seaman § 10.107 Definitions in subchapter B. and immediate supervisor of deck crew (a) With respect to part 16 and who supervises the maintenance of § 15.1101 of this title only, if the defini- deck gear. tions in paragraph (b) of this section Cargo engineer means a person hold- differ from those set forth in either ing an officer endorsement on a dan- § 16.105 or § 15.1101, the definition set gerous-liquid tankship or a liquefied- forth in either § 16.105 or § 15.1101, as ap- gas tankship whose primary responsi- propriate, applies. bility is maintaining the cargo system (b) As used in this subchapter, the and cargo-handling equipment. following terms apply only to mer- Chief engineer means any person re- chant marine personnel credentialing sponsible for the mechanical propul- and the manning of vessels subject to sion of a vessel and who is the holder of the manning provisions in the naviga- a valid officer endorsement as chief en- tion and shipping laws of the United gineer. States: Chief mate means the deck officer Apprentice mate (steersman) of towing next in seniority to the master and vessels means a mariner qualified to upon whom the command of the vessel perform watchkeeping on the bridge, will fall in the event of incapacity of while in training onboard a towing ves- the master. sel under the direct supervision and in Coast Guard-accepted means that the the presence of a master or mate (pilot) Coast Guard has officially acknowl- of towing vessels. edged in writing that the material or Approved means approved by the process at issue meets the applicable Coast Guard according to § 11.302 of this requirements; that the Coast Guard chapter. has issued an official policy statement Approved training means training listing or describing the material or that is approved by the Coast Guard or process as meeting the applicable re- meets the requirements of § 11.309 of quirements; or that an entity acting on this chapter. behalf of the Coast Guard under a Assistance towing means towing a dis- Memorandum of Agreement has deter- abled vessel for consideration. mined that the material or process Assistant engineer means a qualified meets the applicable requirements. officer in the engine department. Coastwise seagoing vessel means a ves- Authorized official includes, but is not sel that is authorized by its Certificate limited to, a Federal, State or local of Inspection to proceed beyond the law enforcement officer. Boundary Line established in part 7 of Ballast control operator or BCO means this chapter. an officer restricted to service on mo- Competent person as used in part 13 bile offshore drilling units (MODUs) only, means a person designated as whose duties involve the operation of such under 29 CFR 1915.7. the complex ballast system found on Conviction means that the applicant many MODUs. When assigned to a for a merchant mariner credential has MODU, a ballast control operator is been found guilty, by judgment or plea 99 VerDate Mar<15>2010 11:28 Nov 15, 2010 Jkt 220191 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\220191.XXX 220191 erowe on DSK5CLS3C1PROD with CFR § 10.107 46 CFR Ch. I (10–1–10 Edition) by a court of record of the United practiced, each work day may be cred- States, the District of Columbia, any itable as one and one-half days of serv- State, territory, or possession of the ice. On vessels of less than 100 gross United States, a foreign country, or register tons, a day is considered as any military court, of a criminal fel- eight hours unless the Coast Guard de- ony or misdemeanor or of an offense termines that the vessel’s operating described in section 205 of the National schedule makes this criteria inappro- Driver Register Act of 1982, as amended priate, in no case will this period be (49 U.S.C. 30304). If an applicant pleads less than four hours. When computing guilty or no contest, is granted de- service required for MODU endorse- ferred adjudication, or is required by ments, a day is a minimum of four the court to attend classes, make con- hours, and no additional credit is re- tributions of time or money, receive ceived for periods served over eight treatment, submit to any manner of hours. probation or supervision, or forgo ap- Deck crew (excluding individuals serv- peal of a trial court’s conviction, then ing under their officer endorsement) the Coast Guard will consider the ap- means, as used in 46 U.S.C. 8702, only plicant to have received a conviction. the following members of the deck de- A later expungement of the conviction partment: able seamen, boatswains, will not negate a conviction unless the and ordinary seamen. Coast Guard is satisfied that the Designated areas means those areas expungement is based upon a showing within pilotage waters for which first that the court’s earlier conviction was class pilot’s endorsements are issued in error.
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