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(8) Certificate of Citizenship issued by the US Citizenship and Immigration Services or by the Bureau of Citizenship and Immigration Services;
(c) If the applicant can not meet the requirements set forth in paragraphs (b)(1) through (8) of this section, the applicant must make a statement to that effect, and may submit data of the following character for consideration:
(1) Report of the Census Bureau showing the earliest available record of age or birth.
(2) Affidavits of parents, other relative, or two or more responsible citizens of the U.S. stating citizenship.
(3) School records, immigration records, or insurance policies.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended at 60 FR 50460, Sept. 29, 1995; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG-2001–10224, 66 FR 48619, Sept. 21, 2001; USCG-2003–14500, 69 FR 532, Jan. 6, 2004; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004]
§ 12.02-14 Nationality of aliens.
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(a) Any alien making application for a continuous discharge book or certificate of identification or merchant mariner's document representing a certificate of identification shall present acceptable evidence of nationality at the time of making application. No original document shall be issued to any alien until nationality is established by acceptable evidence.
(b) Any document of an official character showing the country of which the alien is a citizen or subject may be accepted as acceptable evidence of an alien's nationality. The following are examples of such a document:
(1) Declaration of intention to become a citizen of the United States made by the alien after 1929.
(2) A travel document in the nature of a passport issued by the government of the country of which the alien is a citizen or subject.
(3) A certificate issued by the consular representative of the country of which the alien is a citizen or subject.
(c) Should any doubt arise as to whether or not the document presented may be considered as acceptable evidence of the alien's nationality, the matter shall be referred to the Commanding Officer, National Maritime Center, for decision.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998]
§ 12.02-15 Oath requirement.
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Applicants for a merchant mariner's document for any rating shall take an oath before an Officer in Charge, Marine Inspection, or other official authorized to give such oath, or a commissioned officer of the Coast Guard authorized to administer oaths under 10 U.S.C. 936 or 14 U.S.C. 636, that they will faithfully and honestly perform all the duties required of them by law and carry out all lawful orders of superior officers on shipboard. Such an oath remains binding for all subsequent merchant mariner's documents issued to a person until the document is surrendered to the Officer in Charge, Marine Inspection.
[CGD 91–211, 59 FR 49300, Sept. 27, 1994]
§ 12.02-17 Preparation and issuance of documents.
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(a) Upon application of a person for a merchant mariner's document, any required examination will be given as soon as practicable.
(b) Upon determining that the applicant satisfactorily meets all requirements for the document and any endorsements requested, the Officer in Charge, Marine Inspection, shall issue the appropriate document to the applicant. A merchant mariner's document is valid for a term of 5 years from the date of issuance. Any document which is renewed or reissued prior to its expiration date automatically becomes void upon issuance of the replacement document.
(c) When a person applies for a merchant mariner's document, he or she must—
(1) Sign the document; and
(2) Provide acceptable proof of identity as described in §12.02–12.
(d) For recordkeeping purposes, the official identification number is a seaman's social security number.
(e) After July 31, 1998, an applicant for a merchant mariner's document who will be serving on a seagoing vessel of 200 GRT or more shall provide a document issued by a qualified medical practitioner attesting the applicant's medical fitness to perform the functions for which the document is issued.
(f) An applicant for a certificate of service or efficiency who has been duly examined and refused a certificate by an Officer in Charge, Marine Inspection may come before the same Officer in Charge, Marine Inspection for reexamination at any time after the date of the initial examination. The Officer in Charge, Marine Inspection sets the time of reexamination based on the applicant's performance on the initial examination. However, the maximum waiting period after the initial failure will be 30 days, and the maximum waiting period after a second or subsequent failure will be 90 days.
(g) An applicant who has been examined and refused a certificate by an Officer in Charge, Marine Inspection may not make application for examination to any other Officer in Charge, Marine Inspection until 30 days after the applicant's last failure of an examination or reexamination. However, an applicant may apply for examination by another Officer in Charge, Marine Inspection before the expiration of the 30 day period if sanctioned by the Officer in Charge, Marine Inspection who refused the applicant.
(h) The mariner shall return the previous MMD when a new MMD is issued.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 72–81R, 37 FR 10834, May 31, 1972; 44 FR 21021, Apr. 9, 1979; CGD 91–211, 59 FR 49300, Sept. 27, 1994; CGD 95–062, 62 FR 34535, June 26, 1997; USCG-2003–14500, 69 FR 532, Jan. 6, 2004]
§ 12.02-18 Fees.
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(a) Use table 12.02–18 to determine the fees that you must pay for merchant mariner document activities in this part.
(b) Unless otherwise specified in this part, when two documents are processed on the same application—
(1) Evaluation fees. If a merchant mariner document transaction is processed on the same application as a license or certificate of registry transaction, only the license or certificate of registry evaluation fee will be charged;
(2) Examination fees. If a license examination under part 10 also fulfills the examination requirements in this part for a merchant mariner document, only the fee for the license examination is charged; and
(3) Issuance fees. A separate issuance fee will be charged for each document issued.
(c) You may pay—
(1) All fees required by this section when you submit your application; or
(2) A fee for each phase at the following times:
(i) An evaluation fee when you submit your application.
(ii) An examination fee before you take the first examination section.
(iii) An issuance fee before you receive your merchant mariner document.
(d) If you take your examination someplace other than a Regional Examination Center (REC), you must pay the examination fee to the REC at least one week before your scheduled examination date.
(e) Unless the REC provides additional payment options, your fees may be paid as follows:
(1) Your fee payment must be for the exact amount.
(2) Make your check or money order payable to the U.S. Coast Guard, and write your social security number on the front of each check or money order.
(3) If you pay by mail, you must use either a check or money order.
(4) If you pay in person, you may pay with cash, check, or money order at Coast Guard units where Regional Examination Centers are located.
(f) The Coast Guard may assess charges for collecting delinquent payments or returned checks. The Coast Guard will not provide documentation services to a mariner who owes money for documentation services previously provided.
Table 12.02-18_Fees
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And you need_
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If you apply for_ Evaluation_Then the fee Examination_Then the Issuance_Then the fee
is_ fee is_ is_
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Merchant Mariner Document:
Original:
Without endorsement.......... $95.................... n/a.................... $45.
With endorsement............. $95.................... $140................... $45.
Endorsement for qualified rating. $95.................... $140................... $45.
Upgrade or Raise in Grade........ $95.................... $140................... $45.
Renewal without endorsement for $50.................... n/a.................... $45.
qualified rating.
Renewal with endorsement for $50.................... $45.................... $45.
qualified rating.
Renewal for continuity purposes.. n/a.................... n/a.................... $45.
Reissue, Replacement, and n/a.................... n/a.................... $45.\1\
Duplicate.
STCW Certification:
Original......................... No fee................. No fee................. No fee.
Renewal.......................... No fee................. No fee................. No fee.
Other Transactions:
Duplicate Continuous Discharge n/a.................... n/a.................... $10.
Book.
Duplicate record of sea service.. n/a.................... n/a.................... $10.
Copy of certificate of discharge. n/a.................... n/a.................... $10.
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\1\ Duplicate for document lost as result of marine casualty_No Fee.
[USCG-1997–2799, 64 FR 42815, Aug. 5, 1999; 64 FR 53231, Oct. 1, 1999]
§ 12.02-19 Suspension or revocation of documents.
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Any certificate of service or of efficiency or merchant mariner's document representing such certificate(s) is subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of 46 U.S.C. Chapter 77.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95–028, 62 FR 51196, Sept. 30, 1997]
§ 12.02-21 Issuance of documents after revocation.
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(a) An applicant who has had a certificate or other document revoked and who is applying for certification in the same or any other rating shall state in his application the date of revocation and number or type of the document revoked.
(b) No applicant who has had a certificate or other document revoked will be certificated in the same or any other rating except upon approval of the Commanding Officer, National Maritime Center.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998]
§ 12.02-23 Issuance of duplicate documents.
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(a) If a seaman loses his continuous discharge book, merchant mariner's document or certificate of discharge by shipwreck or other casualty, he shall be supplied with a reissue of such documents free of charge. The phrase or other casualty as used in this section is interpreted to mean any damage to a ship caused by collision, explosion, tornado, wreck or flooding of the ship, such as a tidal wave or a grounding of the ship on a sand bar, or a beaching of the ship on a shore or by fire or other causes in a category with these mentioned.
(b) If a seaman loses a continuous discharge book, merchant mariner's document, or certificate of discharge otherwise than by shipwreck or other casualty and applies for a reissue, the appropriate fee set out in table 12.02–18 in §12.02–18 is required.
(c) A person entitled to a duplicate merchant mariner's document, duplicate continuous discharge book, copies of certificates of discharge, or record of sea service may obtain the documents by applying at any Regional Examination Center listed in §12.01–7 by:
(1) Completing the application form provided by the Coast Guard; and
(2) Paying the fee set out in table 12.02–18 in §12.02–18.
(d) Each person issued a document described in §12.02–5, shall report its loss to an Officer in Charge, Marine Inspection.
(e) If a merchant mariner's document or service record is lost, the seaman may obtain a duplicate by following the procedures in paragraph (c) of this section and by signing an affidavit, before the OCMI or a designated representative, explaining the loss of the document or service record. The Coast Guard will not process any application for a duplicate merchant mariner's document unless the applicant complies with the requirements of §12.02–9.
(f) No application from an alien for a duplicate merchant mariner's document shall be accepted unless the alien complies with the requirements of §12.02–10.
(g) The Coast Guard may deny applications for duplicate merchant mariner's documents for any reason listed in §12.02–4.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGFR 71–168, 36 FR 23297, Dec. 8, 1971; CGD 72–81R, 37 FR 10834, May 31, 1972; CGD 91–002, 58 FR 15239, Mar. 19, 1993; USCG-1997–2799, 64 FR 42816, Aug. 5, 1999; USCG-2003–14500, 69 FR 532, Jan. 6, 2004; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004]
§ 12.02-24 Reporting loss of continuous discharge book, merchant mariner's document, or certificate of discharge.
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Whenever a mariner loses a continuous discharge book, merchant mariner's document, or certificate of discharge, the mariner shall immediately report the loss to the nearest OCMI. The report shall be made in writing giving the facts incident to its loss.
[USCG-2003–14500, 69 FR 532, Jan. 6, 2004]
§ 12.02-25 Right of appeal.
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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.
[CGD 88–033, 54 FR 50379, Dec. 6, 1989]
§ 12.02-27 Requirements for renewal of a merchant mariner's document.
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(a) General. Except as provided in paragraph (g) of this section, an applicant for renewal of a merchant mariner's document shall establish possession of all of the necessary qualifications before the document is renewed. The Coast Guard will not process an application until the applicant has submitted a complete application package that complies with the requirements of §12.02–9. A request for a renewed merchant mariner's document may be denied for any reason listed in §12.02–4.
(1) Each application for a merchant mariner's document must be made on form CG-719B furnished by the Coast Guard and be accompanied by the evaluation fee (including examination and issuance fees when required) established in Table 12.02–18 of §12.02–18. Each application must contain all necessary proofs of qualifications, identity, and citizenship or nationality. It must be current and up-to-date with respect to service, the physical examination, and all other pertinent matters.
(2) The applicant may apply either in person at any Regional Examination Center listed in §12.01–7(a) or by mail under paragraph (e)(3) of this section.
(3) Each applicant who elects to renew by mail shall submit the merchant mariner's document with his or her application. If a document is submitted, it will not be returned to the applicant. A photocopy of a merchant mariner's document showing both the front and the back of the document may be submitted in place of the existing document.
(4) The expiration date of a merchant mariner's document that was issued without an expiration date is determined in accordance with §12.02–29.
(5) Each applicant shall comply with §12.02–09(b)(1) of this part.
(b) Fitness. No merchant mariner's document 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 which would render a renewal improper have come to the attention of the Coast Guard.
(c) Professional requirements. (1) In order to renew a merchant mariner's document endorsed with a qualified rating, the applicant shall comply with one of the following:
(i) Present evidence of at least 1 year of sea service during the past 5 years;
(ii) Pass a comprehensive, open-book exercise covering the general subject matter required by this part for the applicable endorsement or pass an open-book license exercise that covers the same subject matter required for the MMD endorsement;
(iii) Complete an approved refresher training course; or,
(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 the endorsement) for at least 3 years during the past 5 years.
(2) There are no professional requirements for renewal of a merchant mariner's document that is not endorsed with any qualified ratings.
(d) Physical requirements. (1) An applicant for renewal of a merchant mariner's document endorsed with a qualified rating other than lifeboatman, 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 qualified rating(s). This certification must address visual acuity and hearing in addition to general physical condition, and must have been completed within the previous 12 months.
(2) If the Officer in Charge, Marine Inspection has reason to believe that an applicant suffers from some physical impairment or medical condition which would render the applicant incompetent to perform the duties of the qualified rating(s) (other than lifeboatman), the applicant may be required to submit the results of an examination by a licensed physician or physician assistant that meets the requirements for originally obtaining the rating(s).
(3) An applicant who has lost sight in one eye may renew a merchant mariner's document with qualified ratings, provided the applicant is qualified in all other respects and that the visual acuity in the remaining eye passes the test required in §10.205(d) of this chapter.
(e) Special circumstances—(1) Reissuance after expiration, Period of grace. Except as provided in this paragraph, a merchant mariner's document may not be renewed more than 12 months after it has expired. To obtain a reissuance of a merchant mariner's document expired more than 12 months, an applicant shall comply with the requirements of paragraph (f) of this section. When an applicant's merchant mariner's document expires during a time of service with the Armed Forces and there is no reasonable opportunity for renewal, including by mail, this 12-month period of grace may be extended. The period of military service following the date of merchant mariner's document 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 document. A merchant mariner's document, and any endorsements that it contains, are not valid for use after the expiration date.
(2) Renewal in advance. A merchant mariner's document may not be renewed more that 12 months before expiration unless it is being renewed in conjunction with a license or certificate of registry which is either due for renewal or being upgraded, or unless the Officer in Charge, Marine Inspection is satisfied that special circumstances exist to justify renewal.
(3) Renewal by mail. (i) Applications for renewal of merchant mariner's documents by mail may be sent to any Coast Guard Regional Examination Center. The following documents must be submitted:
(A) A completed application and the evaluation fee (including examination and issuance fees when required) established in Table 12.02–18 in §12.02–18.
(B) The document to be renewed, or, if it has not expired, a photocopy of it, showing both the front and the back.
(C) A copy (both front and back if the credentials are printed on two sides) of two credentials deemed acceptable proofs of identity in §12.02–12, one of which must be a photo identification.
(D) A certification from a licensed physician or physician assistant in accordance with paragraph (d) of this section.
(E) Evidence of, or acceptable substitute for, sea service in accordance with paragraph (c) of this section.
(ii) The open-book exercise, if required, may be administered through the mail.
(4) Concurrent renewal of merchant mariner's documents, and licenses, or certificates of registry. 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 tables in §§12.02–18 and 10.109 of this chapter for each merchant mariner's document, license, or certificate of registry being renewed.
(5) Each applicant applying for renewal by mail must appear in person at an REC at least one time during the application process to obtain a renewed merchant mariner's document. At that time, the applicant must show the same proofs of identity submitted with the application package as required by paragraph (e)(3)(i)(C) of this section. No other proofs of identity will be accepted. At the time the applicant appears in person at the REC, the applicant shall provide fingerprints in a form and manner specified by the Coast Guard. The applicant shall return the expired or expiring document to the Coast Guard. If the applicant has applied in person, shown the proofs of identity, submitted the expired or expiring document with the application, and provided fingerprints, then the renewed document may be mailed to an address provided by the applicant.
(f) Reissuance of expired merchant mariner's documents. (1) Whenever an applicant applies for reissuance of a merchant mariner's document endorsed with qualified rating(s) more than 12 months after expiration, in lieu of the requirements of paragraph (c) of this section the applicant shall demonstrate continued professional knowledge for each qualified rating for which reissuance is sought by completing a course approved for this purpose or, by passing the complete examination for each rating, or by passing the examination for a related license required by §10.209(f)(1) of this chapter. The fees listed in tables in §§12.02–18 and 10.109 apply to these examinations.
(2) A merchant mariner's document without any qualified rating endorsements that has been expired more than 12 months shall be reissued in the same manner as a current merchant mariner's document. There are no additional requirements for reissuing merchant mariner's documents without qualified ratings that have been expired more than 12 months.
(g) Inactive document renewal. (1) Applicants for renewal of merchant mariner's documents that are endorsed with qualified ratings, who are unwilling or otherwise unable to meet the requirements of paragraphs (c) or (d) of this section may renew the merchant mariner's document, with the following restrictive endorsement placed on the document: “Continuity only; service under document prohibited.” Holders of merchant mariner's documents with this continuity endorsement may have the prohibition rescinded at any time by satisfying the renewal requirements in paragraphs (c) and (d) of this section and §12.02–9(f) of this part.
(2) Applications for renewal of a document with the continuity endorsement must include:
(i) The document to be renewed, or, if it is unexpired, a photocopy of the document including the back and,
(ii) A signed statement from the applicant attesting to an awareness of the restriction to be placed on the renewed document and of the requirements for rescinding the continuity endorsement.
[CGD 91–211, 59 FR 49301, Sept. 27, 1994, as amended by CGD 91–223, 60 FR 4525, Jan. 23, 1995; USCG-1997–2799, 64 FR 42816, Aug. 5, 1999; USCG-2003–14500, 69 FR 532, Jan. 6, 2004]
§ 12.02-29 [Reserved]
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Subpart 12.03—Approved and Accepted Training
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§ 12.03-1 Coast Guard-accepted training other than approved courses.
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(a) When the training and assessment of competence required by part 10 of this chapter or by this part 12 are not subject to approval under §10.302 of this chapter, but are used to qualify to hold an STCW certificate or endorsement for service on or after February 1, 2002, the 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 identity of other media or facilities to be used in conducting the 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 non-maritime 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 a particular field, 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 each student 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 (incorporated by reference in §12.01–3) 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, its offeror must either—
(i) Be regulated as a maritime academy or marine academy pursuant to 46 CFR part 310; or
(ii) Monitor it 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 stated objective.
(B) The training must be periodically monitored in accordance with the schedule stipulated under the Coast Guard-accepted quality-standards system.
(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 enjoy convenient access to all appropriate documents and facilities, and 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 or the evaluation of 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 representative, stating that the training fully complies with requirements of this section, and identifying the Coast Guard-accepted QSS being used for independent monitoring. Training 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 Commanding Officer, National Maritime Center 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 towards 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 34536, June 26, 1997, as amended by USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004]
Subpart 12.05—Able Seamen
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§ 12.05-1 Certification required.
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(a) Every person employed in a rating as able seaman on any United States vessel requiring certificated able seamen, before signing articles of agreement, shall present to the master, his or her certificate as able seaman (issued in the form of a merchant mariner's document).
(b) No certificate as able seaman is required of any person employed on any tug or towboat on the bays and sounds connected directly with the seas, or on any unrigged vessel except seagoing barges or tank barges.
(c) The following categories of able seaman are established:
(1) Able Seaman—Any Waters, Unlimited.
(2) Able Seaman—Limited.
(3) Able Seaman—Special.
(4) Able Seaman—Special (OSV).
[CGD 80–131, 45 FR 69240, Oct. 20, 1980]
§ 12.05-3 General requirements.
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(a) To qualify for certification as able seaman an applicant must:
(1) Be at least 18 years of age;
(2) Pass the prescribed physical examination;
(3) Meet the sea service or training requirements set forth in this part;
(4) Pass an examination demonstrating ability as an able seaman and lifeboatman; and,
(5) Speak and understand the English language as would be required in performing the general duties of able seaman and during an emergency aboard ship.
(b) An STCW endorsement valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as an able seaman also produces satisfactory evidence, on the basis of assessment of a practical demonstration of skills and abilities, of having achieved or maintained within the previous 5 years the minimum standards of competence for the following 4 areas of basic safety:
(1) Personal survival techniques as set out in table A-VI/1-1 of the STCW Code (incorporated by reference in §12.01–3).
(2) Fire prevention and fire-fighting as set out in table A-VI/1-2 of the STCW Code.
(3) Elementary first aid as set out in table A-VI/1-3 of the STCW Code.
(4) Personal safety and social responsibilities as set out in table A-VI/1-4 of the STCW Code.
(c) An STCW endorsement valid for any period on or after February 1, 2002, will be issued or renewed only when the candidate for certification as able seamen meets the requirements of STCW Regulation II/4 and of Section A-II/4 of the STCW Code, if the candidate will be serving as a rating forming part of the navigational watch on a seagoing ship of 500 GT or more.
[CGD 80–131, 45 FR 69240, Oct. 20, 1980, as amended by CGD 95–062, 62 FR 34537, June 26, 1997; CGD 95–062, 62 FR 40140, July 25, 1997; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002]
§ 12.05-5 Physical requirements.
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(a) All applicants for a certificate of service as able seaman shall be required to pass a physical examination given by a medical officer of the United States Public Health Service and present to the Officer in Charge, Marine Inspection, a certificate executed by the Public Health Service Officer. Such certificate shall attest to the applicant's acuity of vision, color sense, hearing, and general physical condition. In exceptional cases where an applicant would be put to great inconvenience or expense to appear before a medical officer of the United States Public Health Service, the physical examination and certification may be made by any other reputable physician.
(b) The medical examination for an able seaman is the same as for an original license as a deck officer as set forth in §10.205 of this subchapter. If the applicant is in possession of an unexpired deck license, the Officer in Charge, Marine Inspection, may waive the requirement for a physical examination.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by USCG-1998–4442, 63 FR 52189, Sept. 30, 1998]
§ 12.05-7 Service or training requirements.
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(a) The minimum service required to qualify an applicant for the various categories of able seaman is as listed in this paragraph.
(1) Able Seaman—Any Waters, Unlimited. Three years service on deck on vessels operating on the oceans or the Great Lakes.
(2) Able Seaman—Limited. Eighteen months service on deck in vessels of 100 gross tons or over which operate in a service not exclusively confined to the rivers and smaller inland lakes of the United States.
(3) Able Seaman—Special. Twelve months service on deck on vessels operating on the oceans, or the navigable waters of the United States including the Great Lakes.
(4) Able Seaman—Special (OSV). Six months service on deck on vessels operating on the oceans, or the navigable waters of the United States including the Great Lakes.
(5) After July 31, 1998, to receive an STCW endorsement for service as a “rating forming part of a navigational watch” on a seagoing ship of 500 GT or more, the applicant's seagoing service must include training and experience associated with navigational watchkeeping and involve the performance of duties carried out under the direct supervision of the master, the officer in charge of the navigational watch, or a qualified rating forming part of a navigational watch. The training and experience must be sufficient to establish that the candidate has achieved the standard of competence prescribed in table A-II/4 of the STCW Code (incorporated by reference in §12.01–3), in accordance with the methods of demonstrating competence and the criteria for evaluating competence specified in that table.
Note: Employment considerations for the various categories of able seaman are contained in §157.20–15 of this chapter.
(b) Training programs approved by the Commanding Officer, National Maritime Center, may be substituted for the required periods of service on deck as follows:
(1) A graduate of a school ship may be rated as able seaman upon satisfactory completion of the course of instruction. For this purpose, school ship is interpreted to mean an institution which offers a complete course of instruction, including a period of at sea training, in the skills appropriate to the rating of able seaman.
(2) Training programs, other than those classified as a school ship, may be substituted for up to one third of the required service on deck. The service/training ratio for each program is determined by the Commanding Officer, National Maritime Center, who may allow a maximum of three days on deck service credit for each day of instruction.
(c) A certificate of service as Able Seaman, Great Lakes—18 months' service, is considered equivalent to a certificate of service as Able Seaman—Limited.
(d) A certificate of service as Able Seaman with the following route, vessel, or time restrictions is considered equivalent to a certificate of service as Able Seaman—Special:
(1) Any waters—12 months.
(2) Tugs and towboats—any waters.
(3) Bays and sounds—12 months, vessels 500 gross tons or under not carrying passengers.
(4) Seagoing barges—12 months.
(e) An individual holding a certificate of service endorsed as noted in paragraphs (c) or (d) of this section may have his or her merchant mariner's document endorsed with the equivalent category, upon request.
[CGD 80–131, 45 FR 69240, Oct. 20, 1980, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; CGD 95–062, 62 FR 34537, June 26, 1997; CGD 95–062, 62 FR 40140, July 25, 1997; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002]
§ 12.05-9 Examination and demonstration of ability.
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(a) Before an applicant is certified as an able seaman, he or she shall prove to the satisfaction of the Coast Guard by oral or other means of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out effectively all the duties that may be required of an able seaman, including those of a lifeboatman. The applicant shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of lifeboats and liferafts, and in the use of oars;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means, must be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out, and lowering of lifeboats and liferafts, and handling of lifeboats under oars and sails, including questions relative to the proper handling of a boat in a heavy sea;
(3) The operation and functions of commonly used types of davits;
(4) The applicant's knowledge of nautical terms; boxing the compass, either by degrees or points according to his experience; running lights, passing signals, and fog signals for vessels on the high seas, in inland waters, or on the Great Lakes depending upon the waters on which the applicant has had service; and distress signals; and,
(5) The applicant's knowledge of commands in handling the wheel by obeying orders passed to him as wheelsman, and knowledge of the use of engineroom telegraph or bell-pull signals.
(c) In the actual demonstration, the applicant shall show his ability by taking command of a boat and directing the operation of clearing away, swinging out, lowering the boat into the water, and acting as coxswain in charge of the boat under oars. He shall demonstrate his ability to row by actually pulling an oar in the boat. He shall also demonstrate knowledge of the principal knots, bends, splices, and hitches in common use by actually making them.
(d) The applicant must demonstrate to the satisfaction of the Officer in Charge, Marine Inspection, his knowledge of pollution laws and regulations, procedures for discharge containment and cleanup, and methods for disposal of sludge and waste material from cargo and fueling operations.
(e) Any person who is in valid possession of a certificate as able seaman endorsed, any waters—12 months and who can produce documentary evidence of sufficient service to qualify for a certificate as able seaman endorsed, any waters—unlimited, may be issued a new document bearing this endorsement without additional professional examination. The applicant shall surrender for cancellation the document bearing the limited endorsement. No physical examination will be required at the time of this exchange unless it is found that the applicant obviously suffers from some physical or mental infirmity to a degree that in the opinion of the Officer in Charge, Marine Inspection, would render him incompetent to perform the usual duties of an able seaman at sea. If such condition is believed to exist, the applicant shall be required to undergo an examination by a medical officer of the Public Health Service to determine his competency.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 71–161R, 37 FR 28263, Dec. 21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996; USCG-2002–13058, 67 FR 61278, Sept. 30, 2002; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004]
§ 12.05-11 General provisions respecting merchant mariner's document endorsed for service as able seamen.
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(a) The holder of a merchant mariner's document endorsed for the rating of able seamen may serve in any unlicensed rating in the deck department without obtaining an additional endorsement; provided, however, that the holder shall hold the appropriate endorsement under the STCW (incorporated by reference in §12.01–3) when serving in as a “rating forming part of a navigational watch” on a seagoing ship of 500 GT or more.
(b) A merchant mariner's document endorsed as able seaman will also be considered a certificate of efficiency as lifeboatman without further endorsement.
(c) This type of document will describe clearly the type of able seaman certificate which it represents, e.g.: able seaman—any waters; able seaman—any waters, 12 months; able seaman—Great Lakes, 18 months; able seaman—on freight vessels, 500 gross tons or less on bays or sounds, and on tugs, towboats, and barges on any waters.
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95–062, 62 FR 34537, June 26, 1997; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002]
Subpart 12.07 [Reserved]
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Subpart 12.10—Lifeboatman
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§ 12.10-1 Certification required.
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Every person employed in a rating as lifeboatman on any United States vessel requiring certificated lifeboatmen shall produce a certificate as lifeboatman or merchant mariner's document endorsed as lifeboatman or able seaman to the shipping commissioner, United States collector or deputy collector of customs, or master before signing articles of agreement. No certificate of efficiency as lifeboatman is required of any person employed on any unrigged vessel, except on a seagoing barge and on a tank barge navigating waters other than rivers and/or canals.
§ 12.10-3 General requirements.
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(a) An applicant to be eligible for certification as lifeboatman must meet one of the following requirements:
(1) At least 1 year's sea service in the deck department, or at least 2 years' sea service in the other departments of ocean, coastwise, Great Lakes, and other lakes, bays, or sounds vessels.
(2) Graduation from a schoolship approved by and conducted under rules prescribed by the Commanding Officer, National Maritime Center.
(3) Satisfactory completion of basic training by a Cadet of the United States Merchant Marine Cadet Corps.
(4) Satisfactory completion of 3 years' training at the U.S. Naval Academy or the U.S. Coast Guard Academy including two training cruises.
(5) Satisfactory completion of a course of training approved by the Commanding Officer, National Maritime Center, and service aboard a training vessel.
(6) Successful completion of a training course, approved by the Commanding Officer, National Maritime Center, such course to include a minimum of 30 hours' actual lifeboat training; provided, however, that the applicant produces satisfactory evidence of having served a minimum of 6 months at sea board ocean or coastwise vessels.
(b) An applicant, to be eligible for certification as lifeboatman, shall be able to speak and understand the English language as would be required in the rating of lifeboatman and in an emergency aboard ship.
(c) An applicant shall be 18 years old to be certified as proficient in survival craft under STCW Regulation VI/2 (incorporated by reference in §12.01–3).
[CGFR 65–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995; CGD 95–062, 62 FR 34537, June 26, 1997; USCG-1998–4442, 63 FR 52189, Sept. 30, 1998; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002; USCG-2004–18884, 69 FR 58343, Sept. 30, 2004]
§ 12.10-5 Examination and demonstration of ability.
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(a) Before an applicant is certified as a lifeboatman, he or she shall prove to the satisfaction of the Coast Guard by oral or other means of examination, and by actual demonstration, his or her knowledge of seamanship and the ability to carry out effectively all the duties that may be required of a lifeboatman. The applicant shall demonstrate that he or she:
(1) Has been trained in all the operations connected with the launching of lifeboats and liferafts, and in the use of oars;
(2) Is acquainted with the practical handling of boats; and
(3) Is capable of taking command of the boat's crew.
(b) The examination, whether administered orally or by other means, must be conducted only in the English language and must consist of questions regarding:
(1) Lifeboats and liferafts, the names of their essential parts, and a description of the required equipment;
(2) The clearing away, swinging out, and lowering of lifeboats and liferafts, the handling of lifeboats under oars and sails, including questions relative to the proper handling of a boat in a heavy sea; and,
(3) The operation and functions of commonly used types of davits.
(c) The practical examination shall consist of a demonstration of the applicant's ability to carry out the orders incident to launching lifeboats, and the use of the boat's sail, and to row.
(d) After July 31, 1998, each applicant for a lifeboatman's certificate endorsed for proficiency in survival craft and rescue boats shall be not less than 18 years old and shall produce satisfactory evidence that he or she meets the requirements of STCW Regulation VI/2 (incorporated by reference in §12.01–3), paragraph 1, and the appropriate provisions of Section A-VI/2 of the STCW Code (also incorporated by reference in §12.01–3).
[CGFR 60–50, 30 FR 16640, Dec. 30, 1965, as amended by CGD 71–161R, 37 FR 28263, Dec. 21, 1972; CGD 94–029, 61 FR 47064, Sept. 6, 1996; CGD 95–062, 62 FR 34537, June 26, 1997; USCG-1999–5610, 67 FR 66068, Oct. 30, 2002]
§ 12.10-7 General provisions respecting merchant mariner's document endorsed as lifeboatman.
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A merchant mariner's document endorsed as able seaman is the equivalent of a certificate as lifeboatman or of an endorsement as lifeboatman and will be accepted as either of these wherever either is required by law; provided, however, that, when the holder documented as an able seaman has to be certificated as either proficient in survival craft and rescue boats or proficient in fast rescue boats, he or she shall hold an endorsement under the STCW (incorporated by reference in §12.01–3).
[CGD 95–062, 62 FR 34537, June 26, 1997; CGD 95–062, 62 FR 40140, July 25, 1997, as amended by USCG-1999–5610, 67 FR 66069, Oct. 30, 2002]
§ 12.10-9 Certificates of proficiency in fast rescue boats.
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(a) Each person engaged or employed as a lifeboatman proficient in fast rescue boats shall hold either a certificate of proficiency in these boats or a merchant mariner's document endorsed for proficiency in them.
(b) To be eligible for either a certificate of proficiency in fast rescue boats or a merchant mariner's document endorsed for proficiency in them, an applicant shall—
(1) Be qualified as a lifeboatman with proficiency in survival craft andfast rescue boats under this subpart; and (continued)