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CFR-2011-title46-vol1-sec11-302.pdf

Course Approvals for Merchant Marine Training Schools

CFR

OMB: 1625-0028

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Coast Guard, DHS

§ 11.302

not required at the time of such service, is evaluated by the OCMI and forwarded to the National Maritime Center for a determination of equivalence.
[CGD 81–059, 52 FR 38623, Oct. 16, 1987, as
amended by USCG–2008–0906, 73 FR 56508,
Sept. 29, 2008; USCG–2006–24371, 74 FR 11238,
Mar. 16, 2009]

§ 11.215

[Reserved]

§ 11.217 Examination procedures and
denial of officer endorsements.
(a)(1) The examinations for all deck
and engineer unlimited officer endorsements are administered at periodic intervals. The examination fee set out in
table 10.219(a) in § 10.219 of this chapter
must be paid before the applicant may
take the first examination section. If
an applicant fails three or more sections of the examination, a complete
reexamination must be taken, but may
be taken during any of the scheduled
exam periods. On the subsequent exam,
if the applicant again fails three or
more sections, at least 3 months must
lapse before another complete examination is attempted, and a new examination fee is required. If an applicant
fails one or two sections of an examination, the applicant may be retested
twice on these sections during the next
3 months. If the applicant does not successfully complete these sections within the 3 month period, complete reexamination must be taken after a lapse
of at least 3 months from the date of
the last retest, and a new examination
fee is required. The 3 month retest period may be extended by the OCMI if
the applicant presents discharges documenting sea time which prevented the
taking of a retest during the 3 month
period. The retest period may not be
extended beyond 7 months from the initial examination.
(2) The scheduling of all other deck
and engineer officer endorsement examinations will be at the discretion of
the OCMI. The examination fee set out
in table 10.219(a) in § 10.219 of this chapter must be paid before the applicant
may take the first examination section. In the event of a failure, the applicant may be retested twice whenever
the examination can be rescheduled
with the OCMI. The applicant must be
examined in all of the unsatisfactory

sections of the preceding examination.
If the applicant does not successfully
complete all parts of the examination
during a 3-month period from the initial test date, a complete reexamination must be taken after a lapse of at
least 2 months from the date of the last
retest, and a new examination fee is required.
(b) If the OCMI refuses to grant an
applicant the endorsement for which
applied due to failing to pass a required
examination, the Coast Guard will provide the applicant 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 at 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; USCG–2006–24371, 74 FR
11239, Mar. 16, 2009]

§§ 11.219–11.223

[Reserved]

Subpart C—Training Schools with
Approved Courses
§ 11.301

Applicability.

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.
§ 11.302

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
Commanding Officer, National Maritime Center, NMC–42, 100 Forbes Drive,
Martinsburg WV 25404, 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;

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§ 11.303

46 CFR Ch. I (10–1–11 Edition)

(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, 11, 12, 13 or 15,
or the requirements specified in the
course approval; or substantially deviates from the course curriculum package 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
Officer, National Maritime Center, as
provided in § 1.03–40 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;
USCG–2008–0906, 73 FR 56508, Sept. 29, 2008;
USCG–2006–24371, 74 FR 11239, Mar. 16, 2009;
USCG–2010–0759, 75 FR 60002, Sept. 29, 2010]