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Federal Regulations > Electronic Code of Federal
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e-CFR
Data is current as of January 24, 2012

Title 46:
Shipping

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PART 14—SHIPMENT AND DISCHARGE OF MERCHANT MARINERS

Section Contents

Subpart
A—General
§ 14.101   Purpose
of part.
§ 14.103   Addresses
of Coast Guard.
§ 14.105   Disclosure
and privacy.

Subpart
B—Shipment of Merchant Mariners
§ 14.201   Voyages
upon which shipping articles are required.
§ 14.203   Voyages
upon which shipping articles are not required.
§ 14.205   Production
of credentials by merchant mariner signing shipping
articles.
§ 14.207   Content
and form of shipping articles.
§ 14.209   Preparation
of shipping articles at beginning of voyage.
§ 14.211   Posting
of copy of shipping articles.
§ 14.213   Report
of shipment of merchant mariner.

Subpart
C—Discharge of Merchant Mariners
§ 14.301   Paying
off of merchant mariner during or after voyage upon which shipping
articles are required.
§ 14.303   Discharge
of merchant mariner in foreign port.
§ 14.305   Entries
in continuous discharge book.
§ 14.307   Entries
on certificate of discharge.
§ 14.309   Entries
in shipping articles at end of voyage.
§ 14.311   Report
of discharge of merchant mariner.
§ 14.313   Storage
of shipping articles and of certificates of discharge.

Subpart
D—Oceanographic Research Vessels
§ 14.401   General.
§ 14.403   Exemptions.
§ 14.405   Procedures.
§ 14.407   Reports.

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.

Subpart A—General

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§ 14.101   Purpose of part.

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This part prescribes rules for the shipment and discharge of merchant
mariners aboard certain vessels of the United States.

§ 14.103   Addresses of Coast Guard.

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(a) U.S. postal mail: U.S. Coast Guard National Maritime Center
(NMC–42), 100 Forbes Drive, Martinsburg, West Virginia 25404.

(b) Electronic mail: [email-masked] .

(c) World wide web: http://www.uscg.mil/nmc .

[USCG–2008–0906, 73 FR 56508, Sept. 29, 2008]

§ 14.105   Disclosure and privacy.

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The Coast Guard makes information available to the public in accordance
with 49 CFR part 7, including appendix B.

Subpart B—Shipment of Merchant Mariners

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§ 14.201   Voyages upon which shipping articles
are required.

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(a) Before proceeding either upon a foreign, intercoastal, or coastwise
voyage (including a voyage on the Great Lakes) listed in paragraph (b) of
this section or with the engagement or replacement of a merchant mariner
for such a voyage, each master or individual in charge of a vessel or
seagoing barge of the United States shall execute shipping articles
however prepared, manually or electronically. The master or individual in
charge and each mariner engaged or replaced shall sign the articles.

(b) Except as provided by §14.203, articles are required upon each
voyage by a vessel of the United States—

(1) Of 100 gross tons or more, on a foreign voyage, which is a voyage
from a port in the United States to any foreign port other than a port
in—

(i) Canada;

(ii) Mexico; or

(iii) The West Indies.

(2) Of 75 gross tons or more on a voyage between a port of the United
States on the Atlantic Ocean and a port of the United States on the
Pacific Coast; or

(3) Of 50 gross tons or more on a voyage between a port in one State
and a port in another State other than an adjoining State.

§ 14.203   Voyages upon which shipping articles
are not required.

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Although they may be used for the voyage; shipping articles are not
required for any voyage by—

(a) A yacht;

(b) A vessel engaged exclusively in fishing or whaling;

(c) A vessel aboard which the merchant mariners are by custom or
agreement entitled to participate in the profits or results of a cruise or
voyage;

(d) A vessel employed exclusively in trade on the navigable rivers of
the United States; or

(e) A ferry, or a tug used in ferrying, if the vessel is employed
exclusively in trade on the Great Lakes, other lakes, bays, sounds,
bayous, canals, or harbors.

§ 14.205   Production of credentials by merchant
mariner signing shipping articles.

top

On engagement for a voyage upon which shipping articles are required,
each merchant mariner shall present to the master or individual in charge
of the vessel every document, certificate, credential, or license required
by law for the service the mariner would perform.

[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG–2006–24371,
74 FR 11260, Mar. 16, 2009]

§ 14.207   Content and form of shipping
articles.

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(a)(1) The content and form of shipping articles for each vessel of the
United States of 100 gross tons or more upon a foreign or intercoastal
voyage must conform to the present shipping articles, form CG-705A, which
meets the requirements of 46 U.S.C. 10302, 10303, 10304, and 10305. The
articles must identify the nature of the voyage and specify at least the
name, the license, MMD, or MMC number, the capacity of service, the time
due on board to begin work, and the name and address of the next of kin
of, and the wages due to each merchant mariner, either who was discharged
or whose services were otherwise terminated during the month.

(2) The content and form of articles for each such vessel upon a
coastwise voyage (including a voyage on the Great Lakes) must also conform
to the present shipping articles, form CG-705A, which meet the
requirements of 46 U.S.C. 10502. The articles must specify at least the
matter identified by paragraph (a)(1) of this section, except that they
must not specify the wages due to the mariner. The wages section of the
form shall be left blank for coastwise voyages.

(b) Any shipping company that manually prepares the articles may, upon
request, obtain Shipping Articles, Form CG-705A, from any Officer in
Charge, Marine Inspection (OCMI), of the Coast Guard.

(c) Any company that electronically prepares the articles may, upon
request submitted to either address in §14.103, obtain a copy of software
developed by the Coast Guard to produce articles in the proper format.
Alternatively, a company may develop its own software or buy it off the
shelf; but, in either of these cases, it must secure approval of the
software from the National Maritime Center at either address in
§14.103.

[CGD 94–004, 61 FR 56637, Nov. 4, 1996, as amended by USCG–2006–24371,
74 FR 11260, Mar. 16, 2009]

§ 14.209   Preparation of shipping articles at
beginning of voyage.

top

Each master or individual in charge of a vessel when shipping articles
are required shall prepare an original and two copies of the articles. The
original and one copy must be signed by the master or individual in charge
and by each merchant mariner; but the second copy must not be signed by
any of them.

§ 14.211   Posting of copy of shipping
articles.

top

On commencement of a foreign, intercoastal, or coastwise voyage
(including a voyage on the Great Lakes), each master or individual in
charge of a vessel when shipping articles are required shall ensure that a
legible copy of the articles, unsigned by the mariner, and without the
next of kin information, is posted at a place accessible to the
crew.

§ 14.213   Report of shipment of merchant
mariner.

top

(a) When a vessel of the United States sails upon a foreign,
intercoastal, or coastwise voyage (excluding a voyage on the Great Lakes),
each master or individual in charge shall, at the commencement of the
voyage, send one copy of shipping articles, signed by the master and by
each merchant mariner, to the owner, charterer, or managing operator. The
master shall keep the original throughout the voyage and enter in it all
charges made to the crew during the voyage.

(b) (1) When a vessel of the United States sails exclusively on the
Great Lakes, each master or individual in charge shall, at the
commencement of the season, or once the vessel is put into service,
whichever occurs earlier, send one copy of articles, signed by the master
and by each mariner, to the owner, charterer, or managing operator.

(2) The master or individual in charge shall every 60 days send
supplementary particulars of engagement covering each mariner engaged
during this period, signed by the master and by each mariner, to the
owner, charterer, or managing operator.

(3) The master of individual in charge shall, at the close of the
season, or once the vessel is withdrawn from service, whichever occurs
later, send articles, signed by the master and by each mariner, to the
owner, charterer, or managing operator.

(c) When a vessel of the United States sales exclusively on bays or
sounds, each master or individual in charge shall, at least every 60 days,
send articles, signed by the master and by each mariner, to the owner,
charter, or managing operator.

(d) Any person who fails to comply with the requirements of this
section is subject to a civil penalty of $5,000.

Subpart C—Discharge of Merchant Mariners

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§ 14.301   Paying off of merchant mariner during
or after voyage upon which shipping articles are required.

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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.

top

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.

top

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.

top

(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.

top

(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.

top

(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.

top

(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.

Subpart D—Oceanographic Research Vessels

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§ 14.401   General.

top

Unless otherwise provided by Title 46 United States Code, by any act
amending or supplementing that Title, or by this subpart, that Title as
far as it governs the employment of merchant mariners remains, and any act
amending or supplementing that title becomes, applicable to oceanographic
research vessels.

§ 14.403   Exemptions.

top

(a) Certain requirements of Title 46, United States Code do not apply
to the employment of merchant mariners on oceanographic research vessels.
These requirements are those concerned with, among other things, the
shipment and discharge of mariners, their pay and allotments, and the
adequacy of their clothing. 46 U.S.C. 2113(2) allows exemptions of
oceanographic research vessels from certain requirements of parts B, C, F,
or G of subtitle II of 46 U.S.C., upon such terms as the Secretary of the
Department of Transportation deems suitable. The exemptions available
under this subpart are subject to the following terms:

(1) No use of any exemption relieves the owner, charterer, managing
operator, master, or individual in charge of the vessel of other statutory
responsibilities for the protection of every mariner under his or her
command.

(2) If it is presented at a reasonable time and in a reasonable manner,
the master or individual in charge shall receive, consider, and
appropriately address the legitimate complaint of any mariner.

(b) For any oceanographic research vessel sailing with any mariner
employed by any firm, association, corporation, or educational or
governmental body or agency, the Commandant may grant exemptions from—

(1) 46 U.S.C. 10301, Application;

(2) 46 U.S.C. 10302, Shipping articles (for foreign and intercoastal
voyages);

(3) 46 U.S.C. 10307, Posting of articles;

(4) 46 U.S.C. 10308, Foreign engagements;

(5) 46 U.S.C. 10311, Certificates of discharge;

(6) 46 U.S.C. 10313 and 10504, Wages;

(7) 46 U.S.C. 10314 and 10505, Advances;

(8) 46 U.S.C. 10315, Allotments;

(9) 46 U.S.C. 10316 and 10506, Trusts;

(10) 46 U.S.C. 10321 and 10508, General penalties;

(11) 46 U.S.C. 10502, Shipping articles (for coastwise voyages);
and

(12) 46 U.S.C. 10509, Penalty for failure to begin coastwise
voyages.

§ 14.405   Procedures.

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(a) Upon written request for the owner, charterer, managing operator,
master, or individual in charge of the vessel to the OCMI of the Coast
Guard in whose zone the vessel is located, the Commandant may grant an
exemption of any oceanographic research vessel designated by 46 U.S.C.
2113(2) from any requirement of any section listed by §14.403(b).

(b) The request must state—

(1) Any requirement of any section listed in §14.403(b) from which the
applicant wishes an exemption; and

(2) What business practices regarding, among other things, the shipment
and discharge of merchant mariners, their pay and allotments, and the
adequacy of their clothing would justify the exemption.

(c) The OCMI will forward the request, along with his or her
recommendation, to the Commandant, who will determine whether to grant any
exemption of any vessel from any requirement. The OCMI will issue a letter
indicating any exemption granted. The master or individual in charge of
the vessel shall keep the letter aboard the vessel.

(d) If operating conditions change, the owner, charterer, managing
operator, master, or individual in charge of the vessel shall so advise
the OCMI. The OCMI will forward pertinent information on how the
conditions have changed, along with his or her recommendation, to the
Commandant, who will determine whether any exemption should remain
granted.

§ 14.407   Reports.

top

(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 §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
§14.103(a) within 30 days of the transaction.

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