1625-0014 Stat/Authority

§ 14.403

46 CFR Ch. I (10–1–98 Edition)

§ 14.403 Exemptions.
(a) Certain requirements of Title 46,
United States Code do not apply to the
employment of merchant mariners on
oceanographic research vessels. These
requirements are those concerned with,
among other things, the shipment and
discharge of mariners, their pay and allotments, and the adequacy of their
clothing. 46 U.S.C. 2113(2) allows exemptions of oceanographic research
vessels from certain requirements of
parts B, C, F, or G of subtitle II of 46
U.S.C., upon such terms as the Secretary of the Department of Transportation deems suitable. The exemptions
available under this subpart are subject to the following terms:
(1) No use of any exemption relieves
the owner, charterer, managing operator, master, or individual in charge of
the vessel of other statutory responsibilities for the protection of every
mariner under his or her command.
(2) If it is presented at a reasonable
time and in a reasonable manner, the
master or individual in charge shall receive, consider, and appropriately address the legitimate complaint of any
mariner.
(b) For any oceanographic research
vessel sailing with any mariner employed by any firm, association, corporation, or educational or governmental body or agency, the Commandant may grant exemptions from—
(1) 46 U.S.C. 10301, Application;
(2) 46 U.S.C. 10302, Shipping articles
(for foreign and intercoastal voyages);
(3) 46 U.S.C. 10307, Posting of articles;
(4) 46 U.S.C. 10308, Foreign engagements;
(5) 46 U.S.C. 10311, Certificates of discharge;
(6) 46 U.S.C. 10313 and 10504, Wages;
(7) 46 U.S.C. 10314 and 10505, Advances;
(8) 46 U.S.C. 10315, Allotments;
(9) 46 U.S.C. 10316 and 10506, Trusts;
(10) 46 U.S.C. 10321 and 10508, General
penalties;
(11) 46 U.S.C. 10502, Shipping articles
(for coastwise voyages); and
(12) 46 U.S.C. 10509, Penalty for failure to begin coastwise voyages.
§ 14.405 Procedures.
(a) Upon written request for the
owner, charterer, managing operator,

master, or individual in charge of the
vessel to the OCMI of the Coast Guard
in whose zone the vessel is located, the
Commandant may grant an exemption
of any oceanographic research vessel
designated by 46 U.S.C. 2113(2) from any
requirement of any section listed by
§ 14.403(b).
(b) The request must state—
(1) Any requirement of any section
listed in § 14.403(b) from which the applicant wishes an exemption; and
(2) What business practices regarding, among other things, the shipment
and discharge of merchant mariners,
their pay and allotments, and the adequacy of their clothing would justify
the exemption.
(c) The OCMI will forward the request, along with his or her recommendation, to the Commandant,
who will determine whether to grant
any exemption of any vessel from any
requirement. The OCMI will issue a letter indicating any exemption granted.
The master or individual in charge of
the vessel shall keep the letter aboard
the vessel.
(d) If operating conditions change,
the owner, charterer, managing operator, master, or individual in charge of
the vessel shall so advise the OCMI.
The OCMI will forward pertinent information on how the conditions have
changed, along with his or her recommendation, to the Commandant,
who will determine whether any exemption should remain granted.
§ 14.407 Reports.
(a) The owner, charterer, managing
operator, master, or individual in
charge of each oceanographic research
vessel of 100 gross tons or more shall
maintain a record of the employment,
discharge, or termination of service of
every merchant mariner in the crew.
At least every 6 months, the person
maintaining this record shall transmit
it to the Coast Guard, either manually,
in the form of a copy of a certificate of
discharge, or electronically.
(b) The owner, charterer, managing
operator, master, or individual in
charge of the vessel shall keep original
shipping articles and a copy of each
certificate ready for review by the
Coast Guard or the concerned mariner
upon request. After January 3, 1997, the

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