1625-0040 46cfr10.209

yshivers on PROD1PC62 with CFR

Coast Guard, DHS

§ 10.209

(6) An applicant remains eligible for
a raise of grade of license while on probation as a result of action under part
5 of this chapter. A raise of grade of license issued to a person on probation
will be subject to the same probationary conditions imposed against the
applicant’s other certificates or licenses. The offense for which he or she
was placed on probation will be considered on the merits of the case in determining fitness to hold the license applied for. No applicant will be examined for a raise of grade of license during any period when a suspension without probation or a revocation imposed
under part 5 of this chapter is effective
against the applicant’s license or certificate or while an appeal from these
actions is pending.
(d) Professional Examination. (1)(i)
When the OCMI finds an applicant’s experience and training for raise of grade
to be satisfactory and the applicant is
eligible in all other respects, the OCMI
will authorize the examination. Oralassisted examinations may be administered in accordance with § 10.205(i)(1).
The OCMI will place in the applicant’s
file a record indicating the subjects
covered.
(ii) The general instructions for administration of examinations and the
lists of subjects for all licenses appear
in Subpart I of this part.
(2) The qualification requirements
for radar observer are contained in
§ 10.480.
(e) Physical requirements. (1) An applicant for raise of grade of a license who
has not had a physical examination for
an original license or renewal of license within three years must 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 the
license applied for.
(2) If the OCMI has reason to believe
that an applicant for raise of grade of
license suffers from some physical impairment or medical condition which
would render the applicant incompetent to perform the ordinary duties
of that license, the applicant may be
required to submit the results of an examination by a licensed physician or

physician assistant that meets the requirements for an original license.
(3) An applicant who has lost the
sight of one eye may obtain a raise of
grade of license, provided that the applicant is qualified in all other respects
and that the visual acuity in the one
remaining eye passes the test required
under § 10.205(d).
(f) Firefighting certificate. Applicants
for raise of grade of license who have
not previously met the requirements in
§ 10.205(g), must do so.
(g) Chemical testing for dangerous
drugs. To obtain a raise of grade of a license each applicant 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.
(h) Criminal Record Review. Each applicant for a raise of grade may be required to submit to a criminal record
check under § 10.201(h).
(i) National Driver Register. Each applicant for a raise of grade of a license
shall consent to an NDR check under
§ 10.201(i) if the license is reissued with
a new expiration date.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 81–059, 54 FR 134, Jan. 4,
1989; CGD 91–002, 58 FR 15238, Mar. 19, 1993;
CGD 91–223, 60 FR 4524, Jan. 23, 1995; CGD 91–
212, 60 FR 65486, Dec. 19, 1995; CGD 94–029, 61
FR 47063, Sept. 6, 1996; CDG 95–062, 62 FR
34530, June 26, 1997; USCG–1997–2799, 64 FR
42815, Aug. 5, 1999; USCG–2004–17455, 71 FR
2166, Jan. 13, 2006]

§ 10.209 Requirements for renewal of
licenses, certificates of registry, and
STCW certificates and endorsements.
(a) General. Except as provided in
paragraph (g) of this section, an applicant for renewal of a license or certificate of registry shall establish possession of all of the necessary qualifications before the license or certificate of
registry is issued.
(1) Each application must be on a
Coast Guard furnished form and be accompanied by the evaluation fee set
out in table 10.109 in § 10.109. An approved application is valid for 12
months.
(2) Although the written portion of
the application may be initiated by
mail, fax, or other electronic means, no
application for renewal is complete

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§ 10.209

46 CFR Ch. I (10–1–07 Edition)

until the applicant appears in person at
a Regional Examination Center (REC),
is fingerprinted, and provides evidence
of his or her identity in accordance
with the requirements of § 10.105.
(3) The applicant shall submit the
original or a photocopy of the license
or certificate of registry to be renewed.
A photocopy will include the back and
all attachments. If requested, the old
license or certificate of registry will be
returned to the applicant.
(b) Fitness. No license or certificate
of registry 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 that would
render a renewal improper have come
to the attention of the Coast Guard.
(c) Professional requirements. (1) In
order to renew a license as master,
mate, engineer, pilot, or operator, the
applicant shall:
(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 contained in appropriate sections of subpart I of this part;
(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 at least 3 years during the
past 5 years. An applicant for a deck license with this type of employment
must also demonstrate knowledge on
an applicable Rules of the Road exercise.
(2) The qualification requirements
for renewal of radar observer endorsement are in § 10.480.
(3) Additional qualification requirements for renewal of a license as pilot
are contained in § 10.713.
(4) An applicant for renewal of a
radio officer’s license shall, in addition
to meeting the requirements of paragraphs (a) and (b) of this section,
present a currently valid license as
first- or second-class radiotelegraph
operator issued by the Federal Communications Commission. This license
will be returned to the applicant.
(5) An applicant for renewal of a medical doctor or professional nurse certificate of registry shall, in addition to

meeting the requirements of paragraphs (a) and (b) of this section,
present evidence that he or she holds a
currently valid appropriate license as
physician, surgeon, or registered nurse
issued under the authority of a state or
territory of the United States, the
Commonwealth of Puerto Rico, or the
District of Columbia.
(6) An applicant for renewal of a license as master or mate (pilot) of towing vessels shall submit satisfactory
evidence of either by—
(i) Completing a practical demonstration of maneuvering and handling a
towing vessel before a designated examiner; or
(ii) Submitting documentary proof of
ongoing participation in training and
drills during the validity of the license
being renewed.
(d) Physical requirements. (1) An applicant for renewal of a license 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 license. This certification must
address visual acuity and hearing in
addition to general physical condition
and must have been completed within
12 months of the date of application.
(2) If the OCMI has reason to believe
that an applicant for renewal of a license suffers from some physical impairment or medical condition which
would render the applicant incompetent to perform the ordinary duties
of that license, the applicant may be
required to submit the results of an examination by a licensed physician or
physician assistant that meets the requirements for original license.
(3) An applicant who has lost the
sight of one eye may obtain a renewal
of license, provided that the applicant
is qualified in all other respects and
that the visual acuity in the one remaining eye passes the test required
under § 10.205(d).
(4) Physical examinations are not required for renewal of certificates of
registry.
(e) Special circumstances—(1) Period of
grace. Except as provided herein, a license may not be renewed more than 12
months after it has expired. To obtain

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Coast Guard, DHS

§ 10.209

a reissuance of the license, an applicant must comply with the requirements of paragraph (f) of this section.
When an applicant’s license expires
during a time of service with the
Armed Forces and there is no reasonable opportunity for renewal, including
by mail, this period may be extended.
The period of military service following the date of license 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 license. A license is not valid for
use after the expiration date.
(2) Renewal in advance. A license or
certificate of registry may not be renewed more than 12 months before expiration unless it is being renewed in
conjunction with a merchant mariner’s
document which is either due for renewal or being endorsed, or unless the
OCMI is satisfied that special circumstances exist to justify renewal.
(3) Renewal by mail, fax, or other electronic means. (i) This paragraph sets
forth those required portions of the application that may be submitted by
mail, fax, or other electronic means.
Although an applicant may initiate,
supplement, or complete a renewal by
mail, fax, or other electronic means, no
application for renewal is complete
until the applicant appears in person at
an REC, is fingerprinted, and provides
evidence of his or her identity in accordance with § 10.105. The following
documents must be submitted by the
applicant, but may be submitted by
mail, fax, or other electronic means:
(A) A properly completed application
on a Coast Guard furnished form and
the evaluation fee required by table
10.109 in § 10.109.
(B) The expired license or certificate
of registry to be renewed; or, if it has
not expired, a photocopy of the license
or certificate, including the back and
all attachments.
(C) A certification from a licensed
physician or physician assistant in accordance with paragraph (d) of this section for the renewal of a license.
(D) If the applicant desires to renew
a license with a radar observer endorsement, either the radar observer certificate or a certified copy.

(E) Evidence of, or acceptable substitute for, sea service for the renewal
of a license.
(F) For a certificate of registry as a
medical doctor or professional nurse,
evidence that he or she holds a currently valid, appropriate license as
physician, surgeon, or registered nurse,
issued under the authority of a state or
territory of the United States, the
Commonwealth of Puerto Rico, or the
District of Columbia.
(ii) The open-book exercise, if required, may be administered through
the mail.
(iii) Upon receipt of the renewed license or certificate of registry, the applicant shall sign it in order to validate
the license or certificate.
(4) Concurrent renewal of licenses, certificates of registry, and merchant mariner’s documents. 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
the tables in §§ 10.109 and 12.02–18 of this
chapter for each license, certificate of
registry, or merchant mariner’s document being renewed.
(f) Reissuance of expired license or certificate of registry. (1) Whenever an applicant applies for reissuance of a license more than 12 months after expiration, in lieu of the requirements of
paragraph (c) of this section, the applicant shall demonstrate continued professional knowledge by completing a
course approved for this purpose, or by
passing the complete examination for
that license. The examination may be
oral-assisted if the expired license was
awarded on an oral exam. The fees listed in table 10.109 in § 10.109 apply to
these examinations. In the case of an
expired radio officer’s license, the license may be issued upon presentation
of a valid first- or second-class radiotelegraph operator license issued by
the Federal Communications Commission.
(2) A certificate of registry that has
been expired for more than 12 months
shall be renewed in the same way as a
current certificate of registry. There
are no additional requirements for reissuing certificates of registry that
have been expired for more than 12
months.

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§ 10.210

46 CFR Ch. I (10–1–07 Edition)

yshivers on PROD1PC62 with CFR

(g) Inactive license renewal. (1) Applicants for renewal of licenses who are
unwilling or otherwise unable to meet
the requirements of paragraphs (c) or
(d) of this section may renew their licenses, with the following restrictive
endorsement placed on the back of the
license: ‘‘License renewed for continuity purposes only; service under
the authority of this license is prohibited.’’ Holders of licenses with this continuity endorsement may have the prohibition rescinded at any time by satisfying the renewal requirements in
paragraphs (c), (d), and (h) of this section.
(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]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 10.209, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

§ 10.210

Eligibility for towing license.

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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