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pdfRevised Oct 1 2008
Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR14.305]
TITLE 46--SHIPPING
CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
PART 14_SHIPMENT AND DISCHARGE OF MERCHANT MARINERS--Table of Contents
Subpart C_Discharge of Merchant Mariners
Sec. 14.305
Entries in continuous discharge book.
If the merchant mariner holds a continuous discharge book, the
master or individual in charge of the vessel shall make the proper
entries in it.
Sec. 14.307
Entries on certificate of discharge.
(a) Each master or individual in charge of a vessel shall, for each
merchant mariner being discharged from the vessel, prepare a
certificate
of discharge and two copies; whether by writing or typing them on the
prescribed form with permanent ink or generating them from computer in
the prescribed format; and shall sign them with permanent ink. The
prescribed format for a certificate of discharge is the same as the
present form CG-718A (Rev. 3-85). The left portion of
the form has the mariner's printed name, signature, citizenship, and
merchant mariner's document number; the certification statement, date
and the master's signature. The right portion of the form contains the
rate/rank the mariner is serving on the voyage, date and place of
shipment, date and place of discharge, name of the vessel, name of the
operating company, official number of the vessel, class of the vessel,
and the nature of the voyage.
(b) Each mariner being discharged shall sign the certificate and
both copies with permanent ink.
(c) When the mariner leaves the vessel, the master or individual in
charge shall give the original certificate to the mariner.
(d) Except as directed by Sec. 14.313, the shipping company shall
keep both copies of the certificate.
(e) The company shall provide copies of certificates of discharge
to
the mariner and the Coast Guard upon request.
[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2002-13058,
67 FR 61278, Sept. 30, 2002]
Sec. 14.309
Entries in shipping articles at end of voyage.
(a) At the end of each voyage upon which shipping articles are
required, the master or individual in charge of the vessel shall--
(1) Complete the articles, conforming the pertinent entries in them
to those on the certificate of discharge and its copies;
(2) Note in the articles the execution of each Mutual Release;
(3) Attach to the articles each Mutual Release and a copy of each
certificate; and
(4) Pay to each merchant mariner all wages due.
(b) When paid off, each mariner shall sign the articles.
Sec. 14.311
Report of discharge of merchant mariner.
(a) At the end of each foreign, intercoastal, and coastwise voyage
by a vessel of the United States, or of each voyage by such a vessel
that sails exclusively on bays or sounds (or by such a vessel at the
close of the season on the Great Lakes, or once the vessel is withdrawn
from service there, whichever occurs later), the shipping company shall
electronically transmit the data from the certificates of discharge to
an electronic address which the shipping company may request from the
National Maritime Center.
(b) If the data is submitted manually, the shipping companies shall
provide the data for foreign and intercoastal voyages at the end of
each
voyage. For coastwise voyages or of each voyage by such a vessel that
sails exclusively on bays or sounds (or by such a vessel at the close
of
the season of the Great Lakes, or once the vessel is withdrawn from
service there, whichever occurs later), the shipping companies shall
submit a copy of each certificate of discharge to the address in Sec.
14.103(a) at least once per calendar month.
[CGD 94-004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2007-29018,
72 FR 53964, Sept. 21, 2007]
Sec. 14.313
discharge.
Storage of shipping articles and of certificates of
(a) Each shipping company shall keep all original shipping articles
and copies of all certificates of discharge for 3 years. After 3 years
the shipping companies shall prepare the original shipping articles in
alphabetical order by vessel name and send to the address in Sec.
14.103(a) for storage at the Federal Records Center at Suitland,
Maryland. The company may dispose of the copies of certificates of
discharge. The Coast Guard will dispose of copies of certificates
submitted manually, once the data are entered into its sea-service
database and are validated.
(b) Each shipping company that goes out of business or merges with
another company shall send all original articles to the address in Sec.
14.103(a) within 30 days of the transaction.
(c) The shipping company must provide copies of shipping articles
and certificates of discharge to the mariner and the Coast Guard upon
request.
Sec. 14.407
Reports.
(a) The owner, charterer, managing operator, master, or individual
in charge of each oceanographic research vessel of 100 gross tons or
more shall maintain a record of the employment, discharge, or
termination of service of every merchant mariner in the
crew. At least every 6 months, the person maintaining this record shall
transmit it to the Coast Guard, either manually, in the form of a copy
of a certificate of discharge, or electronically.
(b) The owner, charterer, managing operator, master, or individual
in charge of the vessel shall keep original shipping articles and a
copy
of each certificate ready for review by the Coast Guard or the
concerned
mariner upon request. After January 3, 1997, the Coast Guard will no
longer keep either original articles or copies of certificates; it will
keep only electronic records of employment.
(c) The master or individual in charge of the vessel shall ensure
that every entry made in the articles agrees with the corresponding
entry made in a continuous discharge book, on a certificate, or in any
other proof of sea service furnished to the mariner.
(d) Each oceanographic company shall keep all original articles and
copies of all certificates for 3 years. After that each such company
shall send all articles to the address in Sec. 14.103(a).
(e) Each oceanographic company that goes out of business or merges
with another company shall send all original articles to the address in
Sec. 14.103(a) within 30 days of the transaction.
Title 46: Shipping
PART 14—SHIPMENT AND DISCHARGE OF MERCHANT MARINERS
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Subpart C—Discharge of Merchant Mariners
§ 14.301 Paying off of merchant mariner during or after voyage upon which shipping
articles are required.
Each master or individual in charge of a vessel when shipping articles are required shall complete and sign,
and each merchant mariner paid off during or after such a voyage shall sign the articles and otherwise
comply with the requirements of this subpart. When signed by the master or individual in charge and by the
mariner, the articles constitute a release from the duties to which they bound their parties.
§ 14.303 Discharge of merchant mariner in foreign port.
Upon the discharge of any mariner in a foreign port, the master shall make the required entries on the ship's
articles. Upon the request of the master or a mariner, the consular officer shall discharge the mariner in
accordance with the requirements of 46 U.S.C. 10318.
§ 14.305 Entries in continuous discharge book.
If the merchant mariner holds a continuous discharge book, the master or individual in charge of the vessel
shall make the proper entries in it.
§ 14.307 Entries on certificate of discharge.
(a) Each master or individual in charge of a vessel shall, for each merchant mariner being discharged from
the vessel, prepare a certificate of discharge and two copies; whether by writing or typing them on the
prescribed form with permanent ink or generating them from computer in the prescribed format; and shall
sign them with permanent ink. The prescribed format for a certificate of discharge is the same as the present
form CG-718A (Rev. 3–85). The left portion of the form has the mariner's printed name, signature,
citizenship, MMD or MMC number; the certification statement, date and the master's signature. The right
portion of the form contains the rate/rank the mariner is serving on the voyage, date and place of shipment,
date and place of discharge, name of the vessel, name of the operating company, official number of the
vessel, class of the vessel, and the nature of the voyage.
(b) Each mariner being discharged shall sign the certificate and both copies with permanent ink.
(c) When the mariner leaves the vessel, the master or individual in charge shall give the original certificate to
the mariner.
(d) Except as directed by §14.313, the shipping company shall keep both copies of the certificate.
(e) The company shall provide copies of certificates of discharge to the mariner and the Coast Guard upon
request.
[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG-2002–13058, 67 FR 61278, Sept. 30,
2002; USCG–2006–24371, 74 FR 11260, Mar. 16, 2009]
§ 14.309 Entries in shipping articles at end of voyage.
(a) At the end of each voyage upon which shipping articles are required, the master or individual in charge of
the vessel shall—
(1) Complete the articles, conforming the pertinent entries in them to those on the certificate of discharge
and its copies;
(2) Note in the articles the execution of each Mutual Release;
(3) Attach to the articles each Mutual Release and a copy of each certificate; and
(4) Pay to each merchant mariner all wages due.
(b) When paid off, each mariner shall sign the articles.
§ 14.311 Report of discharge of merchant mariner.
(a) At the end of each foreign, intercoastal, and coastwise voyage by a vessel of the United States, or of
each voyage by such a vessel that sails exclusively on bays or sounds (or by such a vessel at the close of
the season on the Great Lakes, or once the vessel is withdrawn from service there, whichever occurs later),
the shipping company shall electronically transmit the data from the certificates of discharge to an electronic
address which the shipping company may request from the National Maritime Center.
(b) If the data is submitted manually, the shipping companies shall provide the data for foreign and
intercoastal voyages at the end of each voyage. For coastwise voyages or of each voyage by such a vessel
that sails exclusively on bays or sounds (or by such a vessel at the close of the season of the Great Lakes,
or once the vessel is withdrawn from service there, whichever occurs later), the shipping companies shall
submit a copy of each certificate of discharge to the address in §14.103(a) at least once per calendar month.
[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG–2007–29018, 72 FR 53964, Sept. 21,
2007]
§ 14.313 Storage of shipping articles and of certificates of discharge.
(a) Each shipping company shall keep all original shipping articles and copies of all certificates of discharge
for 3 years. After 3 years the shipping companies shall prepare the original shipping articles in alphabetical
order by vessel name and send to the address in §14.103(a) for storage at the Federal Records Center at
Suitland, Maryland. The company may dispose of the copies of certificates of discharge. The Coast Guard
will dispose of copies of certificates submitted manually, once the data are entered into its sea-service
database and are validated.
(b) Each shipping company that goes out of business or merges with another company shall send all original
articles to the address in §14.103(a) within 30 days of the transaction.
(c) The shipping company must provide copies of shipping articles and certificates of discharge to the
mariner and the Coast Guard upon request.
Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104; 46 U.S.C. 70105.
Source: CGD 94–004, 61 FR 56637, Nov. 4, 1996, unless otherwise noted.
File Type | application/pdf |
File Title | Title 46: Shipping |
Author | hstickle |
File Modified | 2009-06-11 |
File Created | 2009-06-11 |