(c) For original license the applicant must have, either with or without glasses, at least 20/30 vision in one eye and at least 20/50 in the other. The applicant who wears glasses, however, must also be able to pass a test without glasses of at least 20/50 in one eye and at least 20/70 in the other. Any applicant for original license who is possessed of monocular vision and who has served as a radio operator on merchant vessels of the United States while possessed of such vision may be issued a license if eligible in all other respects. Vision of at least 20/30 without glasses in the remaining eye shall be required in all such cases.

(d) Where an applicant is not possessed of the vision, hearing, and general physical condition considered necessary, the Officer in Charge, Marine Inspection, after consultation with the Public Health Service physician, shall make a recommendation to the Commandant for an exception to these requirements if, in their opinion, extenuating circumstances warrant special consideration. Any request for a decision by the Commandant must be accompanied by all pertinent correspondence, records, and reports. Special consideration will be given to an applicant who has served satisfactorily at sea as a radio operator even though he is possessed of physical defects which would be cause for rejection of an applicant with no sea service. Recommendations from interested parties having knowledge of the applicant's qualifications will be given full consideration in arriving at a decision.

§ 10.13-17 Character check and references required for original licenses. (a) In those cases where an applicant for an original license has served at sea as a radio operator, the Officer in Charge, Marine Inspection, shall require such applicant to have written indorsements of a master of a vessel on which he has served, together with those of two other licensed officers. Upon a showing that the written indorsements required above cannot be obtained without undue delay or hardship, the Officer in Charge, Marine Inspection, may accept in lieu of these indorsements those from officials of the steamship company or other employers of the applicant. Letters of recommendation attesting to the applicant's character, etc., from former employers of the applicant may be accepted in lieu of the indorsements, but such let

ters must be filed with the application Where no sea service has been obtained, the applicant shall have the written indorsements of three reputable persons to whom he is well-known.

(b) Fingerprint records of each applicant shall be made on Form CG 2515B. This record shall be submitted to the Commandant together with the application for license.

(c) Every application for an original license shall be approved by the Commandant. No license shall be issued or temporary permit granted pending the Commandant's authorization.

(d) (1) The application of any person may be rejected by the Commandant when derogatory information has been brought to his attention which indicates that the applicant's character and habits of life are such as to authorize the belief that he is not a suitable and safe person to be entrusted with the duties of radiotelegraph operator on any vessel.

(2) Applications will be rejected and the issuance of licenses refused to persons in the following categories:

(i) Those who have been convicted in the courts of offenses such as: Crimes of violence on shipboard and in certain | instances ashore; sabotage; possession. use, or sale of narcotics; smuggling of aliens into the United States; malicious destruction of ship's property; serious cases of theft of ship's property or stores; and offenses of an infamous character.

(ii) Those who have been disapproved for service as radio operator aboard merchant vessels of the United States in time of war.

(iii) Those who have been issued a dishonorable discharge from any of the armed services of the United States.

(3) Where an application for a license is rejected by the Commandant under the provisions of this section, the application will be reconsidered upon written request of the applicant, provided he can produce additional evidence of satisfactory character and habits over a reasonable period of time immediately prior to the date of request for reconsideration. This evidence may consist of certificates showing satisfactory service in any of the armed forces of the United States; or letters from employers. from persons having direct and personal knowledge of the applicant, or from reputable institutions. The letters should indicate familiarity of the writer

with the applicant, approximate dates of employment (if any), and other pertinent statements indicating the writer's belief about the applicant's character and habits.

(4) The fact that an applicant for an original license is on probation as a result of action under R. S. 4450, as amended, 46 U. S. C. 239, does not itself make such an applicant ineligible, provided he meets all the requirements for such original license. However, any original license issued under those circumstances will be subject to the same probationary conditions as were imposed against the seaman's certificates or licenses in proceedings under R. S. 4450, as amended. Any such applicant must file an application for license in the usual manner, and the offense for which he was placed on probation will be considered on the merits of the case in determining his fitness to hold the license applied for.

(5) Nothing in this subpart shall be construed to permit the issuance of an original license during any period when a suspension without probation or a revocation imposed pursuant to R. S. 4450, as amended, is effective against any document held by him.

§ 10.13-21 General requirements for renewal of license (a) Establishing eligibility. Applicants for renewals of licenses are charged with the duty of establishing to the satisfaction of the Coast Guard that they possess all of the qualifications necessary before they shall be issued a renewal of license.

(b) Application for renewal. The applicant for renewal shall appear in person before an Officer in Charge, Marine Inspection, except where the applicant would be put to great inconvenience or expense to appear in person or is engaged in a service that necessitates his continuous absence from the United States. In such cases the license may be renewed by forwarding the following documents to the Officer in Charge, Marine Inspection, of the office which issued the license to be renewed:

(1) A letter of transmittal indicating reasons for not appearing in person and stating that to the best of his knowledge no physical incapacity exists.

(2) The oath of office on the form prescribed by the Coast Guard which has been duly executed before a person authorized to administer oaths.

218039-53- -5

(3) The license to be renewed.

(4) The currently valid license as first- or second-class radiotelegraph operator issued by the Federal Communications Commission. (This license will be sighted and returned to the applicant).

(c) Fitness. No license shall be renewed if title has been permanently relinquished or facts which would render a renewal improper have come to the attention of the Coast Guard.

(d) Period of grace. (1) Licenses shall be renewed within 12 months after the date of expiration as shown on the license held. During this 12-month period of grace, the license is not valid.

(2) No license shall be renewed more than 30 days in advance of the date of expiration thereof, unless there are extraordinary circumstances that justify a renewal beforehand, in which case the reasons therefor must appear in detail upon the records of the Officer in Charge, Marine Inspection, renewing the license.

(e) Surrender of expiring license. An applicant for renewal shall surrender his license which is being renewed upon issuance of the new license.

§ 10.13-23 Physical requirements for renewal. (a) In the event it is found that an applicant for renewal of license obviously suffers from some physical or mental infirmity to a degree that, in the opinion of the Officer in Charge, Marine Inspection, would render him incompetent to perform the ordinary duties of a radio officer at sea, the applicant shall be required to undergo an examination by a medical officer of the Public Health Service to determine his competency. If the applicant subsequently produces a certificate from the Public Health Service to the effect that his condition has improved to a satisfactory degree, or is normal, he shall be qualified in this respect.

(b) Nothing contained in this section shall debar an applicant who has lost the sight of one eye since obtaining his original license from securing a renewal of his license, provided he is qualified in all other respects, and the vision in his one eye passes the test required for the better eye of an applicant possessed of both eyes.

(c) In exceptional cases where an applicant would be put to great inconvenience or expense to appear before a medical officer of the United States Public

Page 49

Health Service, the physical examination or certification may be made by another reputable physician.

(d) Whenever an applicant shall apply for renewal of his license after 12 months after the date of its expiration, he shall be required to pass the physical examination required of an applicant for an original license.

10.13-25 Issuance of duplicate license. (a) Whenever a person to whom a license has been issued loses his license, he shall report such loss to an Officer in Charge, Marine Inspection, who shall issue a duplicate license after receiving from such person a properly executed affidavit giving satisfactory evidence of such loss, and a record of the license from the Marine Inspection Office where it was issued. Such license shall be issued as a duplicate by the addition of the following typewritten indorsement, "This license replaces License No. issued at ------ on the above date," as well as the port and date of the duplicate issue.

(b) The duplicate license, issued for the unexpired term, shall have the same force and effect as the lost license.

(c) When a person reports the loss of his license, or when it is discovered that any license or license form has been stolen from a Marine Inspection Office or when such lost or stolen licenses are recovered, the Officer in Charge, Marine Inspection, shall immediately report the loss, theft, or recovery to the Commandant giving a description of the license and all facts incident to its loss, theft, or recovery.

§ 10.13-27 Parting with or altering license. (a) If the holder of any license voluntarily parts with it or places it beyond his personal control by pledging or depositing it with any other person for any purpose, he may be proceeded against in accordance with the provisions of R. S. 4450, as amended, 46 U. S. C. 239, looking to a suspension or revocation of his license.

(b) The holder of any license issued pursuant to the regulations in this subpart who shall change, by addition, interpolation, or erasure of any kind any license shall be subject to all the penalties provided by law; and any license so changed is null and void and without force and effect.

§ 10.13-29 Suspension and revocation of licenses. (a) Licenses issued pur

suant to this subpart shall be subject to suspension or revocation on the same ground and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses under the provisions of R. S. 4450, as i amended, 46 U. S. C. 239.

(b) Whenever a license is revoked such license expires with such revocation and any license subsequently granted to such person shall be considered in the light of an original license except as to number of issue.

(c) No person whose license has been suspended or revoked shall be issued another license except upon approval of the Commandant.

(d) When a license which is about to expire is suspended, the renewal of such license may be withheld until the expiration of the period of suspension.

(e) When the license issued by the Federal Communications Commission upon which the license issued pursuant to this subpart is predicated is suspended or revoked, such suspension or revocation shall operate as a suspension or revocation of the license issued under this subpart. No formal proceedings shall be required in such cases.

When

§ 10.13-33 Right of appeal. ever any person directly interested in or affected by any decision or action of any Officer in Charge, Marine Inspection, shall feel aggrieved by such decision or action with respect to the issuance of a license, he may appeal therefrom to the District Coast Guard Commander having jurisdiction. A like appeal shall be allowed from any decision or action of the District Coast Guard Commander to the Commandant, whose action shall be final. Such appeals shall be made in writing within 30 days after the date of decision or action appealed from. Pending the determination of the appeal, the decision of the Officer in Charge, Marine Inspection, shall remain in effect.

SUBPART 10.15-LICENSING OF OFFICERS FOR UNINSPECTED VESSELS

§ 10.15-1 Applicability of laws. All the provisions of R. S. 4131, 4250, 4403, 4405, 4438, 4439, 4440, 4441, 4445, 4446, 4447, 4448, 4449, 4450, as amended, sec. 2, 23 Stat. 118, sec. 2, 29 Stat. 188, sec. 1, 34 Stat. 1411, sec. 3, 40 Stat. 549, and sec. 5, 49 Stat. 1935; 46 U. S. C. 221, 224, 225, 226, 227, 228, 229, 231, 232, 233, 234, 235, 237, 239, 240, 372, 375, 672a; referring to the issuance, duration, renewal, suspen

sion or revocation of licenses of masters, mates, chief engineers and assistant engineers, and the provisions of the following regulations in this subpart shall be applicable to all uninspected vessels to which the Officers' Competency Certificates Convention, 1936, and the act approved July 17, 1939 (R. S. 4438a; 53 Stat. 1049; 46 U. S. C. 224a) making effective the provisions of the Convention apply.

[CGFR 50-16, 15 F. R. 4500, July 15, 1950]

§ 10.15-3 Vessels to which regulations apply. (a) The regulations in this subpart shall apply to masters, chief engineers and watch officers, deck and engineer, on all uninspected vessels, however propelled, navigating the high seas, which are registered, enrolled and licensed, or licensed under the laws of the United States whether permanently, temporarily, or provisionally, including yachts, enrolled and licensed, with the exception of:

(1) Ships of war;

(2) Government vessels, or vessels in the service of a public authority, which are not engaged in trade;

(3) Wooden ships of primitive build, such as dhows and junks;

(4) Unrigged vessels;

(5) All vessels of less than 200 gross tons.

§ 10.15-5 Licenses issued and general provisions. (a) Licenses to officers on uninspected vessels will be issued as follows:

(1) License as master, motor or sail; (2) License as mate, motor or sail; (3) License as chief engineer, motor; or,

(4) License as assistant engineer, motor.

(b) Licenses to officers of uninspected vessels shall be limited on their face to uninspected vessels, and shall be issued on the Coast Guard Form 2849.

(c) Licenses as master and mate shall be issued for appropriate route (ocean or coastwise) and with tonnage limitations commensurate with the experience of the applicant.

(d) (1) Licenses to chief engineer and assistant engineer shall be issued with appropriate horsepower limitations commensurate with the experience of the applicant.

(2) The regulations in § 10.10–15 shall govern the conversion of engineers' licenses from gross tonnage to horsepower limitations upon renewal.

(e) Every person to whom a license is issued shall place his signature and left thumbprint thereon, and upon any sheets attached for additional indorsements.

(f) Every master, mate, or engineer who receives a license shall make oath before an Officer in Charge, Marine Inspection, to be recorded upon his official file, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law and obey all lawful orders of his superior officers.

10.15-7 Related authority of licenses for inspected vessels. A license to act as master, mate, or engineer of inspected vessels will in all cases entitle the holder to act under the limitations of his license on uninspected vessels.

§ 10.15-9 Sea service as member of the armed forces of the United States as qualifying. Sea service as a member of the armed forces of the United States will be accepted as qualifying experience for an original or raise in grade of license. Such service will be subject to evaluation to the sea service otherwise required, and to determine the appropriate grade, class, and limit of license for which the applicant is eligible. The applicant may be permitted to omit the examination for the lower grade of license if his experience is of such character as to qualify him for the higher grade of license.

§ 10.15-11 Lifting of limitations. Section 10.02-15 shall govern the lifting of limitations on licenses to officers of uninspected vessels.

§ 10.15-13 Citizenship and age requirements. (a) No license shall be issued to any person who is not a United States citizen An applicant claiming to be a citizen of the United States shall furnish documentary evidence of his citizenship. Acceptable evidence of citizenship is described in § 10.02-5.

(b) Any citizen who has attained the age of 21 years and is qualified in all other respects shall be eligible for a license: Provided, That a license as mate or assistant engineer may be granted to applicants who have reached the age of

19 years and are qualified in all other respects, but no such license may be raised in grade before the holder thereof shall have reached the age of 21 years.

§ 10.15-15 Reexaminations and refusal of licenses. Section 10.02-19 shall govern the reexaminations and refusal of licenses to officers of uninspected vessels.

§ 10.15-17 Issuance of duplicate licenses. Section 10.02-23 shall govern the issuance of duplicate licenses to officers of uninspected vessels.

§ 10.15-19 Suspension and revocation of licenses. Licenses as master, mate, or engineer of uninspected vessels shall be subject to suspension or revocation on the same ground and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses under the provisions of R. S. 4450, as amended (46 U. S. C. 239).

§ 10.15-21 Laws, general rules and regulations, and pilot rules to be furnished licensed officers. Every master, mate, or engineer shall, when receiving an original license, a renewed license, or a raise of grade of license, be furnished by the inspectors with a copy of the Laws Governing Marine Inspection and a copy of the General Rules and Regulations for Vessel Inspection prescribed by the Commandant. Every master and mate shall in addition be furnished a copy of the Rules of the Road and pilot rules applicable to the waters for which their licenses have been issued.

§ 10.15-25 Application and experience required for original or raise of grade of licenses. (a) Applicants for original or raise of grade of licenses are charged with the duty of establishing to the satisfaction of the Coast Guard that they possess all of the qualifications necessary. such as age, experience, character and citizenship, before they shall be entitled to be issued such license. Until an applicant meets this mandatory requirement, he is not entitled to be licensed. No person who has been convicted by court-martial of desertion or treason in time of war, or has lost his nationality for any of the other reasons listed in 8 U. S. C. 801, is eligible for a license.

(b) Before an applicant for original license (as defined by § 10.02-3) as master, mate, or engineer, or raise of grade of any license may be licensed, the applicant shall make application upon

Coast Guard Form 866 and shall present it in person to an Officer in Charge, Marine Inspection. An applicant shall also present discharges and testimonial letters to the Officer in Charge, Marine Inspection, from the masters or chief engineers under whom he has served, or from the owners in the case of applicants who have already served as master or chief engineer, certifying to the name of the vessel, and the amount and character of his experience, and to his ability. character, and habits of life. Photostatic copies of those documents may be accepted for filing with the application.

(c) (1) Fingerprint records on Coast Guard Form 2515 shall be submitted to the Commandant on each application for original license at the same time application is made.

(2) The application of any person may be rejected by the Officer in Charge, Marine Inspection, when derogatory information has been brought to his attention which indicates that the applicant's habits of life and character are such as to warrant the belief that he cannot be entrusted with the duties and responsibilities of the station for which he made application. In the event that an applicant is rejected he will be advised that he may submit a request to the Commandant for a review of his case. No examination shall be given or temporary permit issued in the type case pending the Commandant's authorization.

(3) Nothing in this part shall be construed to permit an applicant to be examined for an original license or a raise in grade of license during any period when a suspension without probation or a revocation imposed pursuant to R. S. 4450, as amended, is effective against his license or certificate.

(d) No original license or raise of grade shall be issued to any applicant unless at least 1 year of his qualifying service shall have been obtained within the 3 years next preceding his application for examination.

(e) Applicants will be informed as soon as possible whether their applications have been accepted or not, and when the application of any person for a license has been approved the applicant shall be given the required examination as soon as practicable.

(f) Licensed officers entitled to raise of grade shall have issued to them new licenses for the grade for which they are