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PURPOSE OF HEARING
The Subcommittee will meet on Thursday morning, July 20, 2006, at 11:00 a.m. to hold an oversight hearing on the Coast Guard’s merchant mariner licensing and documentation program.
BACKGROUND
The
Mariner Licensing and Documentation (MLD) Program is one of the oldest Coast
Guard missions, dating back to 1838 with the formation of the Steamboat
Inspection Service. The program is
designed to ensure that each mariner operating vessels with cargo or passengers
has the required experience, training, physical ability, and character to serve
safely and competently aboard vessels. The
program has evolved since September 11, 2001 to become part of the Coast
Guard’s broad-based efforts to prevent terrorist attacks within the
There are three domestic credentials and one international credential that are administered by the Coast Guard. The domestic credentials are: Merchant Mariner’s Document (MMD), License, and Certificate of Registry (COR). The international credential is an STCW endorsement which meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. As of June 30, 2006, there were 208,003 mariners with a valid domestic credential, of which 48,529 also had a STCW endorsement.
Authorities
The Coast Guard is responsible for promulgating the requirements for the licensing and documentation of mariners. Each mariner credential has specific requirements as to age, citizenship, physical condition, character, qualifying sea service, assessments, and specialized training. Mariner credentials are issued by the Coast Guard in the form of Licenses for deck, engineer, and radio officers; Certificates of Registry (CORs) for staff officers; and Merchant Mariner Documents (MMDs) for unlicensed ratings of shipboard deck and engineering departments. Credentials may contain limitations as to vessel type, tonnage, propulsion, horsepower, or waters upon which service is authorized.
Coast Guard regulations regarding merchant mariner documentation and licensing were designed to closely conform to the provisions for the International Convention on Standards, Training, Certification and Watchkeeping for Seafarers (STCW), 1978. An STCW Certificate is issued to mariners who meet the STCW requirements and is in addition to U.S. Merchant Mariner credentials.
Process to Obtain Credentials
A seaman may apply for a merchant mariner credential at any of the 17 Coast Guard Regional Examination Centers (RECs). There are several requirements to satisfy including the completion of an application form and payment of user fees. All applicants must currently appear in person to have their fingerprints taken for use in a criminal background check and swear an oath to be eligible for an MMD, license or COR.
When a seaman
submits an application package for evaluation, he must include a copy of proof
of citizenship and establish proof of having a Social Security Number
(SSN). If the seaman is not a
If the seaman has a criminal record and fails to reveal it on his application, he may be subject to criminal penalty. In addition, his credential may be rendered null and void and will be required to be surrendered to the Coast Guard or he may be charged to appear at a formal hearing before a Coast Guard Administrative Law Judge. A criminal record does not necessarily mean that the seaman will be denied, but a falsified application is automatic grounds for denial. In addition, the seaman must agree to a check of the National Driver Register (NDR) for offenses in connection with his operation of a motor vehicle. The application may be disapproved if information from the NDR check leads the Coast Guard to determine that he cannot be entrusted with the duties and responsibilities of the credential.
The merchant mariner community has long complained about the costs, lost time, and inconvenience caused by the requirement to appear at one of the 17 RECs. Many applicants reside at locations remote from the REC, requiring extensive travel at the costs of the applicant. However, the Coast Guard maintains that a personal appearance is important to verify the identity of each merchant mariner for homeland security and national security reasons.
On July 13, 2006, the Coast Guard released a guidance document that proposes to allow District Commanders and Commanding Officers within a REC to set up locations remote from the main REC office or use traveling examination teams (TETs) for fingerprinting, identification, and to administer oaths. (see NMC Guidance Document 04-06). Auxiliarists will be allowed to augment Coast Guard forces at the main REC, remote locations, or as part of a TET.
Merchant Mariner Documents
All mariners
employed aboard
MMDs are issued to unlicensed personnel who support the operation of a vessel. Unqualified ratings are issued to entry level individuals who typically have little or no sea service such as ordinary seaman, wiper, or food handler. With an MMD, the seaman may work in the deck, engineering, or steward’s department of a ship depending on the type of rating for which a seaman applies. Qualified ratings are issued based on previous sea service in a particular department or specialized training. Qualified ratings for members in the deck department are issued by rating type (e.g., Able Seaman or Bosun) and any vessel type restrictions (e.g., sail vessels or offshore supply vessels).
All qualified ratings require completing a written examination. These examinations are administered at the REC. An examination is not required for unqualified (entry level) ratings.
Most merchant mariners applying for a qualified rating must submit a physical examination report completed by a physician or otherwise qualified person within one year of the application. This report must certify that the seaman is in good health and has no physical impairment or medical condition which would render him incompetent to perform the ordinary duties allowed by the MMD. Not meeting the vision, hearing, or general physical condition required for an MMD does not automatically result in a denial of an MMD. The Commandant of the U.S. Coast Guard may consider the seaman for a physical waiver if extenuating circumstances warrant special consideration.
Licenses
In contrast to the MMD, a license only documents a mariner’s qualifications; it is not an identification document. Licenses are issued to officers in the deck and engineering departments, and to radio officers. Each license has general, service and examination requirements that must be satisfied before a license is issued. Certificates of Registry (CORs), which are another form of license, are issued to officers in the staff department. Each COR grade has separate experience requirements in the area for which a COR is sought.
Because of the numerous qualifications and limitations (grade and restrictions), there are literally hundreds of different licenses available. In fact, about 25 percent of mariners carry more than one qualification.
A
holder of an MMD, license, or COR may also be required to obtain an STCW
endorsement to meet the requirements of the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW),
1978 if working on an international voyage.
An STCW endorsement is
both an identification and qualification credential and sets qualification
standards for masters, officers and watch personnel on merchant ships that
engage on international voyages.
Over
90 percent of ships visiting
Renewals
A
seaman may apply for renewal at any of the 17 Coast Guard RECs. The seaman must satisfy requirements for
renewal including the completion of an application form and payment of user
fees. A seaman can renew his
credential(s) up to 12 months prior to expiration. There is a grace period where a seaman can
renew his credential no more than 12 months beyond the five-year expiration
date, but he cannot operate under the authority of that credential during the grace
period. Once the credential has expired,
it is no longer valid and cannot be used for work in the maritime trades. Further if the credential has
expired beyond the grace period, maritime workers are required to meet all
requirements (except recency of service) to obtain a credential including
examination and training requirements.
Backlog
There are
concerns that the Coast Guard’s licensing and documentation program has become
backlogged to the point that it may be affecting maritime commerce in the
The Oil
Pollution Act of 1990 (OPA 90) required the introduction of drug testing requirements
for applicants and a requirement that an application include a review of the
National Driver Register (for driving records). OPA 90 also limited the period of validity of
a Merchant Mariner Document, whereas previously they did not expire. Following the events of September 11, 2001, enhanced
safety and security screening procedures were also put into place. As a result the Coast Guard has strictly
enforced compliance with regulatory requirements for verifying the identity and
nationality of applicants and the administration of the specified oath by
mariners. The MMD was replaced with a
new card incorporating tamper-resistant and anti-counterfeiting features. New
procedures, including the centralized screening and evaluation of applicants’
criminal backgrounds, were implemented to enhance safety and security of the nation
and the marine transportation system.
More
recent events have also contributed to the Coast Guard’s delay in processing merchant
mariner credentials. As a result of
flooding from Hurricane Katrina, the REC in New Orleans was unable to process
applications for merchant mariner documents and licenses, and the Coast
Guard directed mariners to a limited-service facility at Morgan City, Louisiana
and existing RECs in other Coast Guard districts that were augmented with
additional staff that had been temporarily transferred from the REC in New
Orleans. On July 14, 2006, the Coast
Guard announced that REC
Mariners
across the
To help
reverse the trend in the growing number of applications in the processing queue
and, consequently, the amount of time to process an application, the
Congress authorized
the Coast Guard to temporarily extend the validity of existing merchant mariner
credentials for mariners in the Gulf Region as part of the Coast Guard
Hurricane Relief Act of 2005 (Pub. L. 109-141); however that extension was
limited to the period ending on February, 28, 2006. Additional authority to grant an additional
one year extension was included as a part of the Coast Guard and Maritime
Transportation Act of 2006 (Pub. L. 109-241) that recently became law. The Coast Guard has not yet signaled whether
they will us the new authority to free up time necessary to address the growing
backlog of new and renewal applications.
Training Courses
There are currently more than 1,800 Coast Guard-approved merchant mariner training courses taught by more than 225 different companies or organizations. These courses teach things such as “Basic fire-fighting”, CPR, or the deployment and use of survival craft. The Coast Guard must approve and, subsequently, re-evaluate these courses. To persuade mariners to take courses which they are not required to take, the Coast Guard has allowed some courses to meet some of the sea service required to get licenses and endorsements. Also, the Coast Guard has allowed attendance of a course as a way that a mariner can avoid having to take an examination required to get licenses and endorsements.
Transportation Worker Identification Credentials
(TWIC)
The
Maritime Transportation Security Act of 2002 required the Department of
Homeland Security to develop enhanced identification credentials for persons
that require unescorted access to
Under
regulations that have been proposed by the TSA, maritime workers will be
required to obtain a TWIC prior to applying for merchant mariner
credentials. TSA estimates that it will
take a minimum of 30 to 60 days to issue a TWIC to an applicant. It is unclear whether applicants will be able
to be employed by the maritime industries while waiting to be issued a TWIC
card and whether the additional processing time under the TWIC program will
affect the availability of qualified maritime workers.
Under the
proposed rules, maritime workers will be required to pay up to $149 in fees for
a TWIC. These fees would be in addition
to fees required for Coast Guard-issued credentials.
Merchant Mariner Credential (MMC)
As a companion to the TWIC rulemaking, the Coast Guard is proposing to consolidate merchant mariner identification and qualification documents into a new Merchant Mariner Credential (MMC). Based upon the implementation of the TWIC standard, the Coast Guard is proposing a rule that will go into effect 18 months after the TWIC rule.
Under the
proposed rules, TWIC cards would become the identity document for all mariners.
The MMC would combine all other
documents that are issued by the Coast Guard authorizing service on
Centralization and Consolidation
The Coast Guard National Maritime Center (NMC), which is responsible for the management,
coordination, and execution of marine safety activities and services at the
national level, is planning the centralization of the Mariner License and
Documentation (MLD) program. Centralizing
many of the processes currently performed by the 17 Regional Examination
Centers is but one element of the strategic approach. It will reportedly be accompanied by growth in
the number of personnel to a level commensurate with the current and expected
future workload, while also enabling the NMC to staff new functions intended to
improve customer service. In general,
the service is seeking to improve nationwide consistency through centralization
of certain processes. The RECs will
still exist, however, preserving for mariners local access to Coast Guard
licensing specialists. The first changes
will occur with records being moved from the damaged REC in
“License Creep”
All merchant mariner credentials are valid for five years from the issue date. If a credential expires before the document or license is renewed, the credential becomes invalid. In order to avoid this possibility, the Coast Guard encourages maritime workers to renew their credentials up to 12 months before the existing credentials expire.
The term "license creep" refers to when the renewal is issued before the old credential expires. In that case, the mariner loses the time left on his old credential because it replaced by the new credential on the date that the renewal is issued. The Coast Guard has taken steps to minimize "license creep" by reportedly encouraging RECs to issue and mail renewed credentials at a future date after applications are approved. However, to be eligible for this service, mariners must request delayed issuance at the time their applications for renewal are submitted.
CHAIRMAN’S OPENING STATEMENT
WITNESSES
PANEL I
Assistant Commandant for Prevention
PANEL II
Chief Operations Officer
Seacor Marine, LLC
Chairman of the Board
American Waterways Operators
President
Marine Engineers’ Beneficial Association
Captain Elizabeth (Beth) Gedney
Director of Safety, Security, and Risk Management
Passenger Vessel Association