1625-0040 46cfr10.202

§ 10.202

46 CFR Ch. I (10–1–07 Edition)

the minimum assessment period for his
or her conviction has elapsed; the
OCMI may consider the following factors, as applicable, in assessing the applicant’s suitability to hold a license or
certificate of registry. This list is intended as a guide for the OCMI. The
OCMI may consider other factors which
he or she judges appropriate to a particular applicant, such as:
(1) Proof of completion of an accredited alcohol- or drug-abuse rehabilitation program.
(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics
Anonymous.
(3) Character references from persons
who can attest to the applicant’s sobriety, reliability, and suitability for employment in the merchant marine including parole or probation officers.
(4) Steady employment.
(5) Successful completion of all conditions of parole or probation.
[CGD 81–059 and CGD 81–059a, 52 FR 38623 and
38666, Oct. 16, 1987, as amended by CGD 81–
059, 54 FR 133, Jan. 4, 1989; CGD 81–059a, 55 FR
14799, Apr. 18, 1990; CGD 91–223, 60 FR 4524,
Jan. 23, 1995; CGD 91–212, 60 FR 65484, Dec. 19,
1995; CGD 95–062, 62 FR 34529, June 26, 1997;
USCG–1999–6224, 64 FR 63225, Nov. 19, 1999;
USCG–2005–22329, 70 FR 57183, Sept. 30, 2005;
USCG–2004–17455, 71 FR 2166, Jan. 13, 2006]

yshivers on PROD1PC62 with CFR

§ 10.202 Issuance of licenses, certificates of registry, and STCW certificates or endorsements.
(a) Applications for original licenses,
original certificates of registry, raises
of grade, extensions of route, or endorsements must be current and up-todate with respect to service and the
physical examination, as appropriate.
Physical examinations and approved
applications are valid for 12 months.
(b) Any person who is found qualified
under the requirements set forth in
this part is issued an appropriate license or certificate of registry valid for
a term of 5 years from date of issuance.
Any license or certificate of registry
which is renewed or upgraded prior to
its expiration date automatically becomes void upon issuance of the replacement license or certificate of registry.
(c) A license or certificate of registry
is not valid until signed by the appli-

cant and the OCMI (or the OCMI’s designated representative).
(d) Every person who receives an
original license or certificate of registry shall take an oath before a designated Coast Guard official that he or
she will faithfully and honestly, according to his or her best skill and
judgment, without concealment or reservation, perform all the duties required by law and obey all lawful orders of superior officers. Such an oath
remains binding for all subsequent licenses or certificates of registry issued
to that person unless specifically renounced in writing.
(e) The applicant for any original license, endorsement, or raise of grade of
license must have at least three
months’ qualifying service on vessels of
appropriate tonnage or horsepower
within the three years immediately
preceding the date of application.
(f) Any applicant whose uncorrected
vision exceeds 20/40 in either eye for
deck licenses or 20/50 in either eye for
engineer, radio officer, offshore installation manager, barge supervisor, or
ballast control operator licenses may
not serve under the authority of the license unless corrective lenses are worn
and spare lenses are carried on board a
vessel while serving. (Not applicable to
staff officers).
(g) If an Officer in Charge, Marine Inspection, refuses to grant an applicant
the license or certificate of registry for
which applied, the OCMI will furnish
the applicant, if requested, a written
statement setting forth the cause of
denial.
(h) The Officer in Charge, Marine Inspection, may modify the service and
examination requirements in this part
to satisfy the unique qualification requirements of an applicant. The Officer
in Charge, Marine Inspection, may also
lower the age requirement for operator
of uninspected passenger vessels license applicants. The authority granted by a license will be restricted on its
face to reflect any modifications made
under the authority of this paragraph.
Such restrictions shall not be removed
without the approval of the OCMI
issuing the license.
(i) To obtain an original issuance or
a renewal of a license or a certificate of
registry, a raise in grade of a license,

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Coast Guard, DHS

§ 10.202

yshivers on PROD1PC62 with CFR

or a higher grade of certificate of registry 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. An applicant who fails
a chemical test for dangerous drugs
will not be issued a license or certificate of registry.
(j) When an original license is issued,
renewed, upgraded, or otherwise modified, the OCMI will determine whether
the holder of the license needs to hold
an STCW certificate or endorsement
for service on a seagoing vessel and
then, if the holder is qualified, will
issue the appropriate certificate or endorsement. The OCMI will also issue an
STCW certificate or endorsement at
other times, if circumstances so require and if the holder of the license is
qualified to hold the certificate or endorsement.
(k) Notwithstanding § 10.205 (l), (m),
(n), (o), and (p), § 10.304, and § 10.901,
each mariner found qualified to hold
any of the following licenses will also
be entitled to hold an STCW certificate
or endorsement corresponding to the
service or other limitations on the license, because the vessels concerned
are not subject to further obligation
under STCW, on account of their special operating conditions as small vessels engaged in domestic voyages:
(1) Master’s, mate’s, or engineer’s license for service on small passenger
vessels that are subject to subchapter
T or K of title 46, Code of Federal Reg-

ulations (CFR), and that operate beyond the boundary line.
(2) Master’s, mate’s, or engineer’s license for service on seagoing vessels of
less than 200 gross register tons (GRT),
other than passenger vessels subject to
subchapter H of title 46, CFR.
(l) Neither any person serving on any
of the following vessels, nor any owner
or operator of any of these vessels,
need hold STCW certificates or endorsements, because they are exempt
from application of STCW:
(1) Uninspected passenger vessels as
defined in 46 U.S.C. 2101(42).
(2) Fishing vessels as defined in 46
U.S.C. 2101(11)(a).
(3) Fishing vessels used as fish-tender
vessels as defined in 46 U.S.C.
2101(11)(c).
(4) Barges as defined in 46 U.S.C.
2101(2), including non-self-propelled
mobile offshore-drilling units.
(5) Vessels operating exclusively on
the Great Lakes or the inland waters of
the U.S. in the straits of Juan de Fuca
inside passage.
(m) No license or certificate of registry will be issued until the applicant
has passed a criminal record review as
set forth in § 10.201 of this chapter.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 81–059, 53 FR 133, Jan. 4,
1989; CGD 91–211, 59 FR 49297, Sept. 27, 1994;
CGD 91–223, 60 FR 4524, Jan. 23, 1995; CGD 95–
062, 62 FR 34529, June 26, 1997; CGD 95–062, 62
FR 40140, July 25, 1997; CGD 95–062, 62 FR
40281, July 28, 1997; CGD 95–028, 62 FR 51195,
Sept. 30, 1997; USCG–2004–17455, 71 FR 2166,
Jan. 13, 2006]

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