Statutory Authorization

Coast Guard, DHS

§ 10.302

due to failing to pass a required examination, the applicant is furnished a
written statement setting forth the
portions of the examination which
must be retaken and the date by which
the examination must be completed.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 81–059, 54 FR 135, Jan. 4,
1989; CGD 91–002, 58 FR 15238, Mar. 19, 1993;
CGD 94–029, 61 FR 47064, Sept. 6, 1996; USCG–
1997–2799, 64 FR 42815, Aug. 5, 1999]

§ 10.219 Issuance of duplicate license
or certificate of registry.
(a) Whenever a person to whom a license or certificate of registry has been
issued loses the license or certificate,
that person shall report the loss to any
OCMI. A duplicate license or certificate may be issued by an OCMI listed
in the note following § 1.05(b) of this
part after receiving an application with
an
affidavit
describing
the
circumstances of the loss from the applicant and verification of the license or
certificate record from the Regional
Examination Center where it was
issued or from the Commandant. The
duplicate will be prepared in the same
format and wording as the license or
certificate being replaced. A duplicate
license is issued for the unexpired term
of the lost license. Duplicate licenses
and certificates of registry bear the
following statement: ‘‘This license (or
certificate) replaces License (or Certificate) Number ll issued at ll on
the above date.’’
(b) If a person loses a license or certificate of registry by shipwreck or
other casualty, a reissue of that license
or certificate or registry will be supplied free of charge. Other casualties
include any damage to a ship caused by
collision, explosion, tornado, wreck,
flooding, beaching, grounding, or fire.
(c) If a person loses a license or certificate of registry otherwise than by
shipwreck or other casualty and applies for a reissue, the appropriate fee
set out in table 10.109 in § 10.109 is required.
[CGD 81–059, 54 FR 135, Jan. 4, 1989; as amended by CGD 91–002, 58 FR 15238, Mar. 19, 1993;
USCG–1997–2799, 64 FR 42815, Aug. 5, 1999]

§ 10.221 Parting with license.
The holder of a license shall not voluntarily part with it or place it beyond

his or her personal control by pledging
or depositing it with any other person
for any purpose. If the holder violates
this section, he or she may be proceeded against in accordance with the
provisions of part 5 of this chapter,
looking to a suspension or revocation
of the license.
§ 10.223 Suspension and revocation of
licenses.
(a) When the license of any individual is revoked, it is no longer valid
for any purpose and any license of the
same type subsequently requested
must be applied for as an original license, except as to number of issue.
(b) No person whose license is suspended without probation or has been
revoked may be issued another license
without approval of the Commandant.
(c) When a license which is about to
expire is suspended, the renewal of
such license will be withheld until expiration of the period of suspension.
(d) An applicant for renewal or return of a license as master or mate
(pilot) of towing vessels whose most recent license was suspended or revoked
by an administrative law judge for incompetence shall complete the practical demonstration under paragraph
(c)(6)(i) of § 10.209.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987 (interim) and CGD 81–059, 54 FR 132, Jan. 4, 1989
(final), as amended by USCG–1999–6224, 66 FR
20936, Apr. 26, 2001]

Subpart C—Training Schools with
Approved Courses
§ 10.301 Applicablilty.
This subpart prescribes the general
requirements applicable to all approved courses which may be accepted
in lieu of service experience or examination required by the Coast Guard, or
which satisfy course completion requirements.
§ 10.302 Course approval.
(a) The Coast Guard approves courses
satisfying regulatory requirements and
those that substitute for a Coast Guard
examination or a portion of a sea service requirement. The owner or operator
of a training school desiring to have a
course approved by the Coast Guard
shall submit a written request to the

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§ 10.302

46 CFR Ch. I (10–1–04 Edition)

Commanding Officer, National Maritime Center, NMC–4B, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203–
1804, that contains:
(1) A list of the curriculum including
a description of and the number of
classroom hours required in each subject;
(2) A description of the facility and
equipment;
(3) A list of instructors including the
experience, background, and the qualifications of each; and
(4) Specify the Coast Guard training
requirements the course is intended to
satisfy.
(b) The Coast Guard notifies each applicant in writing whether or not an
approval is granted. If a request for approval is denied, the Coast Guard informs the applicant the reasons for the
denial and describes what corrections
are required for an approval.
(c) Unless sooner surrendered, suspended or withdrawn, an approval for a
course at a training school that meets
Coast Guard standards expires 24
months after the month in which it is
issued, when the school closes, when
the school gives notice that it will no
longer offer the course, or on the date
of any change in the ownership of the
school for which it was issued, whichever occurs first.
(d) If the owner or operator of a
training school desires to have a course
approval renewed, they shall submit a
written request to the address listed in
paragraph (a) of this section. For the
request to be approved, the Coast
Guard must be satisfied that the content and quality of instruction remain
satisfactory. Unless sooner surrendered, suspended or withdrawn, a renewal of the approval expires 60
months after the month it is issued,
when the school closes, when the
school gives notice that it will no
longer offer the course, or on the date
of any change in ownership of the
school for which it is issued, whichever
occurs first.
(e) Suspension of approval. If the
Coast Guard determines that a specific
course does not comply with the provisions of 46 CFR parts 10, 12, 13 or 15, or
the requirements specified in the
course approval; or substantially deviates from the course curriculum pack-

age as submitted for approval; or if the
course is being presented in a manner
that is insufficient to achieve learning
objectives; the cognizant OCMI may
suspend the approval, may require the
holder to surrender the certificate of
approval, if any, and may direct the
holder to cease claiming the course is
Coast Guard approved. The Cognizant
OCMI will notify the approval holder in
writing of its intention to suspend the
approval and the reasons for suspension. If the approval holder fails to correct the reasons for suspension, the
course will be suspended and the matter referred to the Commanding Officer, National Maritime Center. The
Commanding Officer, National Maritime Center, will notify the approval
holder that the specific course fails to
meet applicable requirements, and explain how those deficiencies can be corrected. The Commanding Officer, National Maritime Center, may grant the
approval holder up to 60 days in which
to correct the deficiencies.
(f) Withdrawal of approval. (1) The
Commanding Officer, National Maritime Center, may withdraw approval
for any course when the approval holder fails to correct the deficiency(ies) of
a suspended course within a time period allowed under paragraph (e) of this
section.
(2) The Commanding Officer, National Maritime Center, may withdraw
approval of any or all courses by an approval holder upon a determination
that the approval holder has demonstrated a pattern or history of:
(i) Failing to comply with the applicable regulations or the requirements
of course approvals;
(ii) Substantial deviations from their
approved course curricula; or
(iii) Presenting courses in a manner
that is insufficient to achieve learning
objectives.
(g) Appeals of suspension or withdrawal
of approval. Anyone directly affected
by a decision to suspend or withdraw
an approval may appeal the decision to
the Commandant via the Commanding

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Coast Guard, DHS

§ 10.304

Officer, National Maritime Center, as
provided in § 1.03–45 of this chapter.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by CGD 95–072, 60 FR 50460, Sept. 29,
1995; USCG–1998–4442, 63 FR 52189, Sept. 30,
1998; USCG–1998–3824, 64 FR 4984, Feb. 2, 1999;
USCG–2004–18884, 69 FR 58342, Sept. 30, 2004]

§ 10.303

General standards.

Each school with an approved course
must:
(a) Have a well maintained facility
that accommodates the students in a
safe and comfortable environment conducive to learning.
(b) Have visual aids for realism, including simulators where appropriate,
which are modern and well maintained
and sufficient for the number of students to be accommodated.
(c) Give appropriate written or practical examinations in the course material to each student of such a degree of
difficulty that a student who successfully completes them could reasonably
assume that he or she would pass, on
the first attempt, an examination prepared by the Coast Guard based upon
knowledge requirements of the position
or endorsement for which the student
is being trained.
(d) Keep for at least one year after
the end of each student’s enrollment:
(1) Each written examination, or in
the case of a practical test, a report of
such test; and
(2) A record of each student’s classroom attendance.
(e) Not change its approved curriculum unless approved, in writing,
after the request for change has been
submitted in writing to the Commanding Officer, National Maritime
Center (NMC–4B).
(f) At any time the Officer in Charge,
Marine Inspection directs, allow the
Coast Guard to:
(1) Inspect its facilities, equipment,
and
records,
including
scholastic
records;
(2) Conduct interviews and surveys of
students to aid in course evaluation
and improvement;
(3) Assign personnel to observe or
participate in the course of instruction; and

(4) Supervise or administer the required examinations or practical demonstrations.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987 and
CGD 81–059, 54 FR 132, Jan. 4, 1989, as amended by CGD 95–072, 60 FR 50460, Sept. 29, 1995;
USCG–1998–4442, 63 FR 52189, Sept. 30, 1998;
USCG–1998–3824, 64 FR 4984, Feb. 2, 1999;
USCG–2004–18884, 69 FR 58342, Sept. 30, 2004]

§ 10.304 Substitution of training for required service, use of trainingrecord books, and use of towing officer assessment records.
(a) Satisfactory completion of certain training courses approved by the
Commandant may be substituted for a
portion of the required service for
many deck and engineer licenses and
for qualified ratings of unlicensed personnel. The list of all currently approved courses of instruction including
the equivalent service and applicable
licenses and ratings is maintained by
Commanding Officer, National Maritime Center, NMC–4B. Satisfactory
completion of an approved training
course may be substituted for not more
than two-thirds of the required service
on deck or in the engine department
for deck or engineer licenses, respectively, and for qualified ratings.
(b) Service time gained at an approved training course does not satisfy
recent service requirements nor does
training on a simulator; however, any
underway service at an approved
course may be used for this purpose.
An applicant who had met the recent
service requirement before entering
school will not be penalized by attending the approved training course.
(c) Training obtained prior to receiving a license may not be used for subsequent raises of grade.
(d) Simulator training in combination with a Coast Guard approved
training course may be submitted to
the Commanding Officer, National
Maritime Center, for evaluation and
determination of equivalency to required sea service. Simulator training
cannot be substituted for recency requirements, but may substitute for a
maximum of 25 percent of the required
service for any license transaction.
(e) Except as provided in § 10.202,
when a candidate both applies for an
STCW certificate or endorsement as an
officer in charge of a navigational

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