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(continued)
(2) Applications for renewal of a license with the continuity endorsement must include:
(i) The license to be renewed, or, if it is unexpired, a photocopy of the license including the back and all attachments; and,
(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.
(h) Chemical testing for dangerous drugs. 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.
(i) Each applicant for a renewal may be required to consent to a criminal record check under §10.201(h).
(j) Each applicant for renewal of a license or certificate of registry shall consent to an NDR check under §10.201(i).
(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.
[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; USCG-1997–2799, 64 FR 42815, Aug. 5, 1999; USCG-1999–6224, 64 FR 63225, Nov. 19, 1999; 66 FR 20935, Apr. 26, 2001; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004; USCG–2004–17455, 71 FR 2166, Jan. 13, 2006]
§ 10.210 Eligibility for towing license.
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The figure that follows illustrates the conversion of a towing license issued before May 21, 2001. The conversion will take place at the first renewal or upgrade of the license after May 20, 2001.
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[USCG-1999–6224, 66 FR 20935, Apr. 26, 2001]
§ 10.211 Creditable service and equivalents for licensing purposes.
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(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.
(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:
(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.)
(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).
(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 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.
(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.
(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.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 81–059, 54 FR 135, Jan. 4, 1989]
§ 10.213 Sea service as a member of the Armed Forces of the United States and on vessels owned by the United States as qualifying experience.
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(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.
(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.
(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.
(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 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).
(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.
§ 10.215 Modification or removal of limitations.
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(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.
(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.
(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.
§ 10.217 Examination procedures and denial of licenses.
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(a)(1) The examinations for all deck and engineer unlimited licenses are administered at periodic intervals. The examination fee set out in table 10.109 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.
(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 table 10.109 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.
(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.
[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; USCG-1997–2799, 64 FR 42815, Aug. 5, 1999]
§ 10.219 Issuance of duplicate license or certificate of registry.
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(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 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 __ issued at __ on the above date.”
(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.
(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 table 10.109 in §10.109 is required.
[CGD 81–059, 54 FR 135, Jan. 4, 1989; as amended by CGD 91–002, 58 FR 15238, Mar. 19, 1993; USCG-1997–2799, 64 FR 42815, Aug. 5, 1999]
§ 10.221 Parting with license.
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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.
§ 10.223 Suspension and revocation of licenses.
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(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.
(b) No person whose license is suspended without probation or has been revoked may be issued another license without approval of the Commandant.
(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.
(d) An applicant for renewal or return of a license as master or mate (pilot) of towing vessels whose most recent license was suspended or revoked by an administrative law judge for incompetence shall complete the practical demonstration under paragraph (c)(6)(i) of §10.209.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987 (interim) and CGD 81–059, 54 FR 132, Jan. 4, 1989 (final), as amended by USCG-1999–6224, 66 FR 20936, Apr. 26, 2001]
Subpart C—Training Schools with Approved Courses
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§ 10.301 Applicablilty.
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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.
§ 10.302 Course approval.
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(a) The Coast Guard approves courses satisfying regulatory requirements and those that substitute for a Coast Guard examination or a portion of a sea service requirement. The owner or operator of a training school desiring to have a course approved by the Coast Guard shall submit a written request to the Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203–1804, that contains:
(1) A list of the curriculum including a description of and the number of classroom hours required in each subject;
(2) A description of the facility and equipment;
(3) A list of instructors including the experience, background, and the qualifications of each; and
(4) Specify the Coast Guard training requirements the course is intended to satisfy.
(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.
(c) Unless sooner surrendered, suspended or withdrawn, 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, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in the ownership of the school for which it was issued, whichever occurs first.
(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 withdrawn, a renewal of the approval expires 60 months after the month it is issued, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in ownership of the school for which it is issued, whichever occurs first.
(e) Suspension of approval. If the Coast Guard determines that a specific course does not comply with the provisions of 46 CFR parts 10, 12, 13 or 15, or the requirements specified in the course approval; or substantially deviates from the course curriculum package as submitted for approval; or if the course is being presented in a manner that is insufficient to achieve learning objectives; the cognizant OCMI may suspend the approval, may require the holder to surrender the certificate of approval, if any, and may direct the holder to cease claiming the course is Coast Guard approved. The Cognizant OCMI will notify the approval holder in writing of its intention to suspend the approval and the reasons for suspension. If the approval holder fails to correct the reasons for suspension, the course will be suspended and the matter referred to the Commanding Officer, National Maritime Center. The Commanding Officer, National Maritime Center, will notify the approval holder that the specific course fails to meet applicable requirements, and explain how those deficiencies can be corrected. The Commanding Officer, National Maritime Center, may grant the approval holder up to 60 days in which to correct the deficiencies.
(f) Withdrawal of approval. (1) The Commanding Officer, National Maritime Center, may withdraw approval for any course when the approval holder fails to correct the deficiency(ies) of a suspended course within a time period allowed under paragraph (e) of this section.
(2) The Commanding Officer, National Maritime Center, may withdraw approval of any or all courses by an approval holder upon a determination that the approval holder has demonstrated a pattern or history of:
(i) Failing to comply with the applicable regulations or the requirements of course approvals;
(ii) Substantial deviations from their approved course curricula; or
(iii) Presenting courses in a manner that is insufficient to achieve learning objectives.
(g) Appeals of suspension or withdrawal of approval. Anyone directly affected by a decision to suspend or withdraw an approval may appeal the decision to the Commandant via the Commanding Officer, National Maritime Center, as provided in §1.03–45 of this chapter.
[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; USCG-1998–3824, 64 FR 4984, Feb. 2, 1999; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]
§ 10.303 General standards.
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Each school with an approved course must:
(a) Have a well maintained facility that accommodates the students in a safe and comfortable environment conducive to learning.
(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.
(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.
(d) Keep for at least one year after the end of each student's enrollment:
(1) Each written examination, or in the case of a practical test, a report of such test; and
(2) A record of each student's classroom attendance.
(e) Not change its approved curriculum unless approved, in writing, after the request for change has been submitted in writing to the Commanding Officer, National Maritime Center (NMC-4B).
(f) At any time the Officer in Charge, Marine Inspection directs, allow the Coast Guard to:
(1) Inspect its facilities, equipment, and records, including scholastic records;
(2) Conduct interviews and surveys of students to aid in course evaluation and improvement;
(3) Assign personnel to observe or participate in the course of instruction; and
(4) Supervise or administer the required examinations or practical demonstrations.
[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; USCG-1998–3824, 64 FR 4984, Feb. 2, 1999; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]
§ 10.304 Substitution of training for required service, use of training-record books, and use of towing officer assessment records.
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(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.
(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.
(c) Training obtained prior to receiving a license may not be used for subsequent raises of grade.
(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 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.
(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.
(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 (incorporated by reference in §10.102) and the requirements of subpart C of this part. The training must be documented in a Coast Guard-accepted training-record book.
(g) The training-record book referred to in paragraphs (e) and (f) of this section must contain at least the following:
(1) The identity of the candidate.
(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.
(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.
(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.
(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.
(6) The identity of each qualified instructor, including any Coast Guard license or document held, and the instructor's signature.
(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.
(h) Each applicant for a license as master or mate (pilot) of towing vessels, and each master or mate of self-propelled vessels of greater than 200 gross tons seeking an endorsement for towing vessels, shall complete a towing officers' assessment record that contains at least the following:
(1) Identification of the candidate, including full name, home address, photograph or photo-image, and personal signature.
(2) Objectives of the training and assessment.
(3) Tasks to perform or skills to demonstrate.
(4) Criteria to use in determining that the tasks or skills have been performed properly.
(5) A place for a qualified instructor or licensed officer (with authority to operate a towing vessel) to indicate by his or her initials that the candidate has received training in the proper performance of the tasks or skills.
(6) 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 proficient in the task or skill under the criteria.
(7) Identification of each qualified instructor or licensed officer (with authority to operate a towing vessel) by full name, home address, employer, job title, ship name or business address, number of any Coast Guard licenses or documents held, and personal signature.
(8) Identification of each designated examiner by full name, home address, employer, job title, ship name or business address, number of any Coast Guard licenses or documents held, and personal 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.
(i) 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.
[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; USCG-1999–6224, 64 FR 63225, Nov. 19, 1999; 66 FR 20936, Apr. 26, 2001; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]
§ 10.305 Radar-Observer certificates and qualifying courses.
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(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—
(1) In a form prescribed by the school and acceptable to the Coast Guard; and
(2) Signed by the head of the school.
(b) The following Radar-Observer certificates are issued under this section:
(1) Radar Observer (Unlimited).
(2) Radar Observer (Inland Waters and Gulf-Intracoastal Waterway [GIWW]).
(3) Radar Observer (Rivers).
(4) Radar Observer (Unlimited: Renewal).
(5) Radar Observer (Inland Waters and GIWW: Renewal).
(6) Radar Observer (Rivers: Renewal).
(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:
(1) Radar Observer (Unlimited). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purposes and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(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.
(G) Use of radar in maintaining situational awareness.
(iv) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(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:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(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.
(G) Use of radar in maintaining situational awareness.
(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:
(i) Fundamentals of radar:
(A) How radar works.
(B) Factors affecting the performance and accuracy of marine radar.
(C) Purpose and functions of the main components that constitute a typical marine-radar system.
(ii) Operation and use of radar:
(A) Purpose and adjustment of controls.
(B) Detection of malfunctions, false and indirect echoes, and other radar phenomena.
(C) Effects of sea return, weather, and other environmental conditions.
(D) Limitations of radar resulting from design factors.
(E) Safety precautions associated with use and maintenance of marine radar.
(F) Measurement of ranges and bearings, recognizing limited use of radar bearings in curving, narrow channels.
(G) Effect of size, shape, composition, and distance of vessels and terrestrial targets on echo.
(iii) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(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.
(D) Use of radar in maintaining situational awareness.
(4) Radar Observer (Unlimited: Renewal). Classroom instruction—including demonstration and practical exercises using simulators—and examination, in the following subjects:
(i) Interpretation and analysis of radar information:
(A) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(B) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(C) Determining the course and speed of another vessel.
(D) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(E) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(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.
(G) Use of radar in maintaining situational awareness.
(ii) Plotting (by any graphically-correct method):
(A) Principles and methods of plotting relative and true motion.
(B) Practical-plotting problems.
(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:
(i) Radar navigation (including visual techniques—determining positions, and detecting changes in the relative motion, of other vessels.
(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(iii) Determining the course and speed of another vessel.
(iv) Determining the time and distance of closest point of approach of a crossing, meeting, overtaking, or overtaken vessel.
(v) Detecting changes of course or speed of another vessel after its initial course and speed have been established.
(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.
(vii) Use of radar in maintaining situational awareness.
(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:
(i) Radar navigation (including visual techniques)—determining positions, and detecting changes in the relative motion, of other vessels.
(ii) Collision-avoidance, including visual techniques, appropriate to the circumstances and the equipment in use.
(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.
(iv) Use of radar in maintaining situational awareness.
[CGD 94–041, 62 FR 11303, Mar. 11, 1997]
§ 10.306 [Reserved]
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§ 10.307 Training schools with approved radar observer courses.
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The Commanding Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 630, 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 (202) 493–1025 (also available on the internet at: www.uscg.mil/nmc).
[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; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]
§ 10.309 Coast Guard-accepted training other than approved courses.
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(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:
(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.
(2) The training must be set out in a written syllabus that conforms to a Coast Guard-accepted outline for such training and includes—
(i) The sequence of subjects to be covered;
(ii) The number of hours to be devoted to instruction in relevant areas of knowledge;
(iii) The identity and professional qualifications of the instructor(s) to be conducting the training or providing instruction;
(iv) The identification of other media or facilities to be used in conducting training; and
(v) Measurements at appropriate intervals of each candidate's progress toward acquisition of the specific knowledge, skills, and abilities stated in the training objectives.
(3) Except as provided in paragraph (a)(4) of this section, documentary evidence must be readily available to establish that all instructors—
(i) Have experience, training, or instruction in effective instructional techniques;
(ii) Are qualified in the task for which the training is being conducted; and
(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.
(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.
(5) A simulator may be used in training if—
(i) The simulator meets applicable performance standards;
(ii) The instructor has gained practical operational experience on the particular type of simulator being used; and
(iii) The instructor has received appropriate guidance in instructional techniques involving the use of simulators.
(6) Essential equipment and instructional materials must afford all students adequate opportunity to participate in exercises and acquire practice in performing required skills.
(7) A process for routinely assessing the effectiveness of the instructors, including the use of confidential evaluations by students, is in place.
(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.
(9) Records of the student's performance are maintained for at least 1 year by the offeror of the training and assessment.
(10) To ensure that the training is meeting its objectives, and the requirements of paragraphs (a)(1) through (9) of this section, the offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46 CFR part 310; or
(ii) Monitor the training in accordance with a Coast Guard-accepted QSS, which must include the following features:
(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.
(B) The training must be periodically monitored in accordance with the schedule stipulated under the Coast Guard-accepted QSS.
(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.
(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.
(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.
(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 630, Arlington, VA 22203–1804, within 1 month of the completion of the evaluation or the monitoring.
(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.
(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.
(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—
(1) The Coast Guard will so notify the offeror of the training by letter, enclosing a report of the observations and conclusions;
(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
(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.
[CGD 95–062, 62 FR 34531, June 26, 1997, as amended by USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG-2004–18884, 69 FR 58342, Sept. 30, 2004]
Subpart D—Professional Requirements for Deck Officers' Licenses
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§ 10.401 Ocean and near coastal licenses.
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(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.
(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.
(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.
(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.
(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.
(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.
(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:
(1) Approved firefighting course;
(2) Approved radar observer course; and,
(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).
(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. (continued)