1625-0082 Stat/Auth

Coast Guard, DOT

§ 10.103

§ 10.102 Incorporation by reference.
(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of change in the
FEDERAL REGISTER and must ensure
that the material is available to the
public. All approved material is available for inspection at the Office of the
Federal Register, 800 North Capitol
Street NW., suite 700, Washington, DC,
and at the U.S. Coast Guard, Office of
Operating and Environmental Standards, 2100 Second Street SW., Washington, DC 20593–0001, and is available
from the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this part and
the sections affected are as follows:
International Maritime Organization
(IMO)
4 Albert Embankment, London, SE1
7SR, England.
STCW—International Convention on
Standards of Training, Certification
and Watchkeeping for Seafarers, 1978,
as amended in 1995 (STCW Convention),
and Seafarer’s Training, Certification
and Watchkeeping Code (STCW Code)—
10.103; 10.205; 10.304; 10.603; 10.901; 10.903;
10.1005.
[CGD 95–062, 62 FR 34529, June 26, 1997, as
amended by USCG–1999–6216, 64 FR 53223, Oct.
1, 1999]

§ 10.103 Definitions of terms used in
this part.
Apprentice mate (steersman) of towing
vessels means a mariner qualified to
perform watchkeeping on the bridge,
aboard a towing vessel, while in training under the direct supervision of a licensed master or mate (pilot) of towing
vessels.
Approved means approved by the
Coast Guard in accordance with § 10.302.
Approved training means training
that is approved by the Coast Guard or
meets the requirements of § 10.309.
Assistant engineer means a qualified
officer in the engine department.
Assistance towing means towing a disabled vessel for consideration.

Ballast control operator (BCO) is a licensed officer restricted to service on
MODUs. The duties involve the operation of the complex ballast system
found on many MODUs. A ballast control operator, when assigned to a
MODU, is the equivalent of a conventionally licensed mate.
Barge supervisor (BS) is a licensed officer restricted to service on MODUs.
The duties involve support to the OIM
in marine related matters including,
but not limited to, maintaining watertight integrity, inspecting and maintaining mooring and towing components, and the maintenance of emergency and other marine related equipment. A barge supervisor, when assigned to a MODU is the equivalent of
a conventionally licensed mate.
Boatswain means the leading seaman
and immediate supervisor of unlicensed
deck personnel who supervises the
maintenance of deck gear.
Chief engineer means any person responsible for the mechanical propulsion of a vessel and who is the holder of
a valid license as chief engineer.
Chief mate means the deck officer
next in seniority to the master and
upon whom the command of the vessel
will fall in the event of the incapacity
of the master.
Coast Guard-accepted means that the
Coast Guard has officially acknowledged in writing that the material or
process at issue meets the applicable
requirements; that the Coast Guard
has issued an official policy statement
listing or describing the material or
process as meeting the applicable requirements; or that an entity acting on
behalf of the Coast Guard under a
Memorandum of Agreement has determined that the material or process
meets the applicable requirements.
Conviction means the applicant for a
license or certificate of registry has
been found guilty by judgment or plea
by a court of record of the United
States, the District of Columbia or any
State or territory of the United States
of a criminal felony or misdemeanor or
of an offense described in section 205 of
the National Driver Register Act of
1982 (49 U.S.C. 30304). Conviction of
more than one offense at a single trial
will be considered to be multiple convictions. If an applicant pleads guilty

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§ 10.103

46 CFR Ch. I (10–1–02 Edition)

or no contest, is granted deferred adjudication, or is required by the court to
attend classes, make contributions of
time or money, receive treatment, submit to any manner of probation or supervision, or forego appeal of a trial
court’s conviction, then the applicant
will be considered to have received a
conviction. A later expungement of the
conviction will not negate a conviction
unless it is proved to the OCMI that
the expungement is based upon a showing that the court’s earlier conviction
was in error.
Day means, for the purpose of complying with the service requirements of
this part, eight hours of watchstanding
or day-working not to include overtime. On vessels where a 12 hour working day is authorized and practiced,
such as on a six-on, six-off watch
schedule, each work day may be creditable as one and one half days of service. On vessels of less than 100 gross
tons, a day is considered as eight hours
unless the Officer in Charge, Marine Inspection determines that the vessel’s
operating schedule makes this criteria
inappropriate, in no case will this period be less than four hours.
Designated duty engineer means a
qualified engineer, who may be the sole
engineer on vessels with a periodically
unattended engine room.
Designated examiner means a person
who has been trained or instructed in
techniques of training or assessment
and is otherwise qualified to evaluate
whether a candidate for a license, document, or endorsement has achieved the
level of competence required to hold
the license, document, or endorsement.
This person may be designated by the
Coast Guard or by a Coast Guard-approved or accepted program of training
or assessment. A faculty member employed or instructing in a navigation
or engineering course at the U.S. Merchant Marine Academy or at a State
maritime academy operated in accordance with regulations in 46 CFR part
310 is qualified to serve as a designated
examiner in his or her area(s) of specialization without individual evaluation by the Coast Guard.
Disabled vessel means a vessel that
needs assistance, whether docked,
moored, anchored, aground, adrift, or
under way; but does not mean a barge

or any other vessel not regularly operated under its own power.
Employment assigned to is the total
period a person is assigned to work on
MODUs, including time spent ashore as
part of normal crew rotation.
Endorsement means a provision added
to a license which alters its scope or
application. An example of an endorsement is a tonnage limitation increase
within a general tonnage category, a
pilot license route addition, or a radar
observer qualification.
Evaluation means processing an application, from the point of receipt to approval or rejection of the application,
including review of all documents and
records submitted with an application
as well as those obtained from public
records and databases.
Fails a chemical test for dangerous
drugs means that the result of a chemical test conducted in accordance with
49 CFR part 40 is reported as ‘‘positive’’
for the presence of dangerous drugs or
drug metabolites in an individual’s system by a Medical Review Officer in accordance with that part.
First assistant engineer means the engineer officer next in seniority to the
chief engineer and upon whom the responsibility for the mechanical propulsion of the vessel will fall in the event
of the incapacity of the chief engineer.
Great Lakes means the Great Lakes
and their connecting and tributary waters including the Calumet River as far
as the Thomas J. O’Brien Lock and
Controlling Works (between mile 326
and 327), the Chicago River as far as
the east side of the Ashland Avenue
Bridge (between mile 321 and 322), and
the Saint Lawrence River as far east as
the lower exit of Saint Lambert Lock.
Harbor assist means the use of a towing vessel during maneuvers to dock,
undock, moor, or unmoor a vessel, or
to escort a vessel with limited maneuverability.
Horsepower means, for the purpose of
this part, the total maximum continuous shaft horsepower of all the vessel’s main propulsion machinery.
Inland Waters means the navigable
waters of the United States shoreward
of the Boundary Lines as described in
46 CFR part 7, excluding the Great

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Coast Guard, DOT

§ 10.103

Lakes and, for towing vessels, excluding the Western Rivers. For establishing credit for sea service, the waters of the Inside Passage between
Puget Sound and Cape Spencer, Alaska, are inland waters.
Lower level means a category of deck
and engineer licenses established for
assessment of fees. Lower level licenses
are all licenses, other than those defined as upper level, for which the requirements are listed in subparts D, E,
and G of this part.
Master means the officer having command of a vessel.
Mate means a qualified officer in the
deck department other than the master.
Mobile offshore drilling unit (MODU)
means a vessel capable of engaging in
drilling operations for the exploration
for or exploitation of subsea resources.
MODU designs include:
(a) Bottom bearing units which include:
(1) Self-elevating (or jack-up) units
with moveable, bottom bearing legs capable of raising the hull above the surface of the sea; and,
(2) Submersible units of ship shape,
barge type or novel hull design, other
than a self-elevating unit, intended for
operating while bottom bearing.
(b) Surface units with a ship shape or
barge type displacement hull of single
or multiple hull construction intended
for operating in a floating condition,
including
semi-submersibles
and
drillships.
Month means 30 days, for the purpose
of complying with the service requirements of this part.
National Driver Register (NDR) means
the nationwide repository of information on drivers maintained by the National Highway Traffic Safety Administration as provided under 49 U.S.C.
Chapter 303.
NDR listed convictions means a conviction of any of the following motor vehicle-related offenses or comparable offenses:
(a) Operating a motor vehicle while
under the influence of, or impaired by,
alcohol or a controlled substance; or
(b) A traffic violation arising in connection with a fatal traffic accident,
reckless driving, or racing on the highways.

Near coastal means ocean waters not
more than 200 miles offshore.
Oceans means the waters seaward of
the Boundary Lines as described in 46
CFR part 7. For the purposes of establishing sea service credit, the waters of
the Inside Passage between Puget
Sound and Cape Spencer, Alaska, are
not considered oceans.
Officer in Charge, Marine Inspection
(OCMI) for the purposes of part 10
means the officer or individual so designated at one of the locations of the
regional examination centers listed in
§ 10.105.
Offshore installation manager (OIM) is
a licensed officer restricted to service
on MODUs. An assigned offshore installation manager is equivalent to a conventionally licensed master and is the
person designated by the owner or operator to be in complete and ultimate
command of the unit.
On location means that a mobile offshore drilling unit is bottom bearing or
moored with anchors placed in the
drilling configuration.
Operator means an individual licensed to operate certain uninspected
vessels.
Orally assisted examination means a license examination as described in subpart I of this part verbally administered and documented by an examiner.
Original license means the first deck,
engineer or radio officer license issued
to any person by the Coast Guard.
Passes a chemical test for dangerous
drugs means the result of a chemical
test conducted in accordance with 49
CFR part 40 is reported as ‘‘negative’’
by a Medical Review Officer in accordance with that part.
Pilot of towing vessels means a qualified officer of towing vessels operating
only on inland routes.
Practical demonstration means the performance of an activity under the direct observation of a designated examiner for the purpose of establishing
that the performer is sufficiently proficient in a practical skill to meet a
specified standard of competence or
other objective criterion.
Qualified instructor means a person
who has been trained or instructed in
instructional techniques and is otherwise qualified to provide required

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§ 10.105

46 CFR Ch. I (10–1–02 Edition)

training to candidates for licenses, documents, and endorsements. A faculty
member employed at a State maritime
academy or the U.S. Merchant Marine
Academy operated in accordance with
46 CFR part 310 and instructing in a
navigation or engineering course is
qualified to serve as a qualified instructor in his or her area(s) of specialization without individual evaluation by the Coast Guard.
Raise of grade means an increase in
the level of authority and responsibility associated with a license.
Rivers means any river, canal, or
other similar body of water designated
by the Officer in Charge, Marine Inspection.
Senior company official means the
president, vice president, vice president for personnel, personnel director,
or similarly titled or responsible individual, or a lower level employee designated in writing by one of the aforementioned for the purpose of certifying
employment and whose signature is on
file at the REC at which application is
made.
Service as when computing the required service for MODU licenses, is
the time period, in days, a person is assigned to work on MODUs, excluding
time spent ashore as part of crew rotation. A day, for the purposes of this
definition, is a minimum of four hours,
and no additional credit is received for
periods served over eight hours.
Standard of competence means the
level of proficiency to be achieved for
the proper performance of duties on
board vessels in accordance with national and international criteria.
STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995.
STCW Code means the Seafarer’s
Training,
Certification
and
Watchkeeping Code.
STCW endorsement means a certificate or endorsement issued in accordance with STCW. An STCW endorsement issued by the Officer in Charge,
Marine Inspection (OCMI), will be valid
only when accompanied by the appropriate U.S. license or document; and, if
the license or document is revoked,
then the associated STCW endorsement
is no longer valid for any purpose. Ref-

erences to STCW placed on a U.S. license or merchant mariner’s document
will suffice as STCW endorsements for
the mariner serving on a vessel operating exclusively on a domestic voyage
(i.e., to and from U.S. ports or places
subject to U.S. jurisdiction).
Underway means that a mobile offshore drilling unit is not in an on location or laid up status. Underway includes that period of time when the
MODU is deploying or recovering its
mooring system.
Undocumented vessel means a vessel
not required to have a document issued
under the laws of the United States.
Upper level means a category of deck
and engineer licenses established for
assessment of fees. Upper level licenses
are those licenses for which the requirements are listed in §§ 10.404 to
10.407 of subpart D of this part and
§§ 10.510, 10.512, 10.514, and 10.516 of subpart E of this part.
Western Rivers means the Mississippi
River, its tributaries, South Pass, and
Southwest Pass, to the navigational
demarcation lines dividing the high
seas from harbors, rivers, and other inland waters of the United States, and
the Port Allen-Morgan City Alternate
Route,
and
that
part
of
the
Atchafalaya River above its junction
with the Port Allen-Morgan City Alternate Route including the Old River and
the Red River, and those waters specified in 33 CFR 89.25.
Year means 360 days, for the purpose
of complying with the service requirements of this part.
[CGD 81–059 and CGD 81–059a, 52 FR 38623 and
38666, Oct. 16, 1987, as amended by CGD 87–
017, 53 FR 18562, May 24, 1988; CGD 81–059, 54
FR 132, Jan. 4, 1989; CGD 81–059a, 55 FR 14798,
Apr. 18, 1990; CGD 91–002, 58 FR 15237, Mar. 19,
1993; CGD 91–223, 60 FR 4524, Jan. 23, 1995;
CGD 91–212, 60 FR 65483, Dec. 19, 1995; CGD 95–
062, 62 FR 34529, June 26, 1997; USCG–1999–
6224, 64 FR 63225, Nov. 19, 1999; USCG 1999–
6224, 66 FR 20935, Apr. 26, 2001]

§ 10.105

Regional examination centers.

Licensing and certification functions
are performed only by the Officer in
Charge, Marine Inspection, at the following locations:
Boston, MA
New York, NY
Baltimore, MD

Charleston, SC
Miami, FL
New Orleans, LA

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