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. PART 15-MANNING REQUIREMENTS Subpart A-Purpose and Applicability Sec. 15.101 Purpose of regulations. 15.102 Paperwork approval. 15.103 General. 15.105 Incorporation by reference. Subpart B-Definition of Terms 15.301 Definitions of terms used in this part. Subpart C-Manning Requirements; All Vessels 15.401 Employment and service within restrictions of license or document. 15.405 Familiarity with vessel characteristics. 15.410 Licensed individuals for assistance towing vessels. Subpart D-Manning Requirements; 15.501 Certificate of inspection. 15.505 Changes in the certificate of inspection. 15.510 Right of appeal. 15.515 Compliance with certificate of inspection. 15.520 Mobile offshore drilling units. Subpart E-Manning Requirements; 15.601 General. SOURCE: CGD 81-059, 52 FR 38652, Oct. 16, 1987, unless otherwise noted. Subpart A-Purpose and § 15.101 Purpose of regulations. The purpose of the regulations in this part is to set forth uniform minimum requirements for the manning of vessels. In general, they implement, interpret, or apply the specific statutory manning requirements in title 46, U.S.C., parts E & F, implement various international conventions which affect merchant marine personnel, and provide the means for establishing the complement necessary for safe operation of vessels. § 15.102 Paperwork approval. (a) This section lists the control numbers assigned by the Office of Management and Budget under the Paper Reduction Act of 1980 (Pub. L. 96-511) for the reporting and recordkeeping requirements in this part. (b) The following control numbers have been assigned to the sections indicated: (1) OMB 2115-062446 CFR 15.1107, and 15.111. (2) [Reserved] [CGD 95-62, 62 FR 34538, June 26, 1997] § 15.103 General. (a) The regulations in this part apply to all vessels which are subject to the manning requirements contained in the navigation and shipping laws of the United States, including uninspected vessels (46 U.S.C. 7101-9308). (b) The navigation and shipping laws state that a vessel may not be operated unless certain manning requirements are met. In addition to establishing a minimum of licensed individuals and members of the crew to be carried on board certain vessels, they establish minimum qualifications concerning licenses, citizenship, and conditions of employment. It is the responsibility of the owner, charterer, managing operator, master, or person in charge or command of the vessel to ensure that appropriate personnel are carried to meet the requirements of the applica ble navigation and shipping laws and regulations. (c) Inspected vessels are issued a certificate of inspection which indicates the minimum complement of licensed individuals and crew (including lifeboatmen) considered necessary for safe operation. The certificate of inspection complements the statutory requirements but does not supersede them. (d) The regulations in subpart J of this part apply to seagoing vessels subject to the International Convention on Standards of Training, Certification and watchkeeping for Seafarers as amended in 1995 (STCW ). (e) Neither any person serving on any of the following vessels, nor any owner or operator of any of these vessels, need meet the requirements of subpart J, because the vessels 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. (f) Personnel serving on the following vessels, and the owners and operators of these vessels, are in compliance with subpart J and are not subject to further obligation for the purposes of STCW, on account of the vessels' special operating conditions as small vessels engaged in domestic voyages: (1) Small passenger vessels subject to subchapter T or K of title 46, CFR. (2) Vessels of less than 200 GRT (other than passenger vessels subject to subchapter H of title 46 CFR). (g) Licensed personnel serving on vessels identified in paragraphs (e)(5), (f)(1), and (f)(2) of this section will be issued, without additional proof of qualification, an appropriate STCW certificate or endorsement when the Officer in Charge, Marine Inspection determines that such an endorsement is necessary to enable the vessel to engage in an international voyage. The STCW certificate or endorsement will be expressly limited to service on the vessel or the class of vessels and will not establish qualification for any other purpose. [CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended by CGD 95-062, 62 FR 34538, June 26, 1997] $15.105 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, Operating and Environmental Standards Division, 2100 Second Street SW., Washington, DC, 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 (IMO) Maritime Organization Coastwise seagoing vessel means a vessel that is authorized by its Certificate of Inspection to proceed beyond the Boundary Line established in part 7 of this chapter. Deck crew (excluding licensed individuals) means, as used in 46 U.S.C. 8702, only the following members of the deck department below the grade of licensed individual: Able seamen and ordinary seamen. Designated areas means those areas within pilotage waters for which first class pilot's licenses or endorsements are issued under part 10, subpart G, of this Chapter, by the Officer in Charge, Marine Inspection (OCMI). The areas for which first class pilot's licenses or endorsements are issued within a particular Marine Inspection Zone and the specific requirements to obtain them may be obtained from the OCMI concerned. Directly supervised means being in the direct line of sight of the person in charge or maintaining direct, two-way communications by a convenient, reliable means, such as a predetermined working frequency over a hand-held radio. Officer in Charge, Marine Inspection (OCMI) for the purposes of part 15 means any person designated as such by the Commandant and who under the Coast Guard District Commander is in charge of an inspection zone. Pilotage waters means the navigable waters of the United States, including all inland waters and offshore waters to a distance of three nautical miles from the baseline from which the Territorial Sea is measured. Staff officer means a person who holds a certificate of registry in the staff department such as a purser, a medical doctor or professional nurse, which is issued by the Coast Guard. Self-Propelled has the same meaning as the terms propelled by machinery and mechanically propelled. This term would also include vessels fitted with both sails and mechanical propulsion. Tank barge means a non-self-propelled tank vessel. Tank vessel means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue. Tankship means any tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk as cargo or cargo residue and propelled by power or sail. Transfer means any movement of dangerous liquid or liquefied gas as cargo in bulk or as cargo residue to, from, or within a vessel by means of pumping, gravitation, or displacement. Section 13.127 of this chapter describes what qualifies as participation in a creditable transfer. (b) The following categories of licensed individuals are established in part 10 of this chapter. When used in this part, the following terms mean an individual holding a valid license and/ or endorsement to serve in that capacity issued under part 10 of this chapter. (1) Master; (2) Mate; (3) Pilot; (4) Engineer; (5) Radio officer; (6) Operator of uninspected towing vessels; (7) Operator of uninspected passenger vessels; (8) Offshore installation manager (OIM); (9) Barge supervisor (BS); (10) Ballast control operator (BCO); and (11) GMDSS radio operator. (c) The following ratings are established in part 12 of this chapter. When used in this part, terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part: (1) Able seaman. (2) Ordinary seaman. (3) Qualified member of the engine department. (4) Lifeboatman. (5) Wiper. (6) Steward's department (F.H.). (7) GMDSS At-sea Maintainer. (d) The following ratings are established in part 13 of this chapter. When used in this part, the terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part: (1) Tankerman-PIC. (2) Tankerman-PIC (Barge). (3) Restricted Tankerman-PIC. (5) Tankerman-Assistant. (6) Tankerman-Engineer. [CGD 81-059 and CGD 81-059a, 52 FR 38623 and 38670, Oct. 16, 1987, as amended by CGD 87017, 53 FR 18562, May 24, 1988; CGD 81-059, 54 FR 149, Jan. 4, 1989; CGD 81-059a, 55 FR 14805, Apr. 18, 1990; CGD 84-060, 59 FR 4841, Feb. 2, 1994; CGD 79-116, 60 FR 17154, Apr. 4, 1995; CGD 84-060, 60 FR 20652, Apr. 27, 1995; CGD 79116, 62 FR 25135, May 8, 1997; CGD 95-062, 62 FR 34539, June 26, 1997] Subpart C-Manning § 15.401 Employment and service with in restrictions of license or document. A person may not employ or engage an individual, and an individual may not serve, in a position in which an individual is required by law or regulation to hold a license, certificate of registry, or merchant mariner's document, unless the individual holds a valid license, certificate of registry, or merchant mariner's document, as appropriate, authorizing service in the capacity in which the individual is engaged or employed and the individual serves within any restrictions placed on the license, certificate of registry, or merchant mariner's document. [CGD 81-059, 54 FR 149, Jan. 4, 1989] § 15.405 Familiarity with vessel char acteristics. Each licensed, registered, or certifi cated individual must become familiar with the relevant characteristics of the vessel on which engaged prior to assuming his or her duties. As appropriate, these include but are not limited to: general arrangement of the vessel; maneuvering characteristics; proper operation of the installed navigation equipment; firefighting and lifesaving equipment; stability and loading characteristics; emergency duties; and main propulsion and auxiliary machinery, including steering gear systems and controls. § 15.410 Licensed individuals for assistance towing vessels. Every assistance towing vessel must be under the direction and control of a પા licensed individual authorized to engage in assistance towing under the provisions of 46 CFR 10.482. [CGD 87-017, 53 FR 18562, May 24, 1988] Subpart D-Manning Requirements; Inspected Vessels § 15.501 Certificate of inspection. (a) The certificate of inspection (COI) issued by an Officer in Charge, Marine Inspection (OCMI), to a vessel required to be inspected under 46 U.S.C. 3301 specifies the minimum complement of officers and crew necessary for the safe operation of the vessel. (b) The manning requirements for a particular vessel are determined by the OCMI after consideration of the applicable laws, the regulations in this part, and all other factors involved, such as: Emergency situations, size and type of vessel, installed equipment, proposed routes of operation including frequency of port calls, cargo carried, type of service in which employed, degree of automation, use of labor saving devices, and the organizational structure of the vessel. [CGD 81-059, 52 FR 38652, Oct. 16, 1987, as amended at CGD 81-059, 54 FR 149, Jan. 4, 1989] § 15.505 Changes in the certificate of inspection. All requests for changes in manning as indicated on the certificate of inspection must be made to the OCMI who last issued the certificate of inspection, unless the request is made in conjunction with an inspection for certification, in which case the request should be addressed to the OCMI conducting the inspection. § 15.510 Right of appeal. Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. [CGD 88-033, 54 FR 50380, Dec. 6, 1989] § 15.515 Compliance with certificate of inspection. (a) Except as provided by §15.725, no vessel may be operated unless, it has in its service and on board the com plement required by the certificate of inspection. (b) Any vessel subject to inspection under 46 U.S.C. 3301 must, while on a voyage, be under the direction and control of an individual who holds an appropriate license issued by the Coast Guard. For the purposes of this paragraph: (1) A voyage is the period of time necessary to transit from the port of departure to the final port of arrival. (2) A port does not include an Outer Continental Shelf (OCS) facility as defined in 33 CFR part 140. § 15.520 Mobile offshore drilling units. (a) The requirements in this section for mobile offshore drilling units (MODUS) supplement other requirements in this part. (b) The OCMI determines the minimum number of licensed individuals and crew (including lifeboatmen) required for the safe operation of inspected MODUS. In addition to other factors listed in this part, the specialized nature of the MODU is considered in determining the specific manning levels. (c) A license as offshore installation manager (OIM), barge supervisor (BS), or ballast control operator (BCO) authorizes service only on MODUS. A license or endorsement as OIM is restricted to the MODU type and mode of operation specified on the license. (d) A self-propelled MODU other than a drillship must be under the command of an individual who holds a license as master endorsed as OIM. (e) A drillship must be under the command of an individual who holds a license as master. When a drillship is on location, the individual in command must hold a license as master endorsed as OIM. (f) A non-self-propelled MODU must be under the command of an individual who holds a license or endorsement as OIM. (g) An individual serving as mate on a self-propelled surface unit other than a drillship must hold an appropriate license as mate and an endorsement as BS or BCO. An individual holding a license or endorsement as barge supervisor or ballast control operator may be substituted for a required mate |