shall report that fact to an Officer in Charge, Marine Inspection, as soon as possible, and if a duplicate certificate is desired, a properly executed affidavit on Coast Guard Form 719-E, giving satisfactory evidence of such loss shall be furnished an Officer in Charge, Marine Inspection, along with the one photograph as required in the case of an application for an original certificate. The Officer in Charge, Marine Inspection, transmit the affidavit and photograph to Coast Guard Headquarters and the Commandant shall cause to be prepared a certificate which will be similar to the former certificate, bear the same book or identification number as the former certificate and will be marked "Duplicate."

shall

(m) Whenever a certificate of registry is reported to an Officer in Charge, Marine Inspection, as having been stolen, lost, or destroyed, the Officer in Charge, Marine Inspection, shall immediately report the fact by letter to the Commandant giving all the facts incident to its loss or destruction. By the same procedure, he shall report the recovery of any certificate of registry, together with all facts incident to its recovery, and shall forward the recovered certificate to the Commandant.

(n) Staff officers who are members of the Naval Reserve Corps, shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy.

(o) The uniform stripes, decorations, or other insignia shall be of gold braid or woven gold or silver material, and no member of the ship's crew other than such staff officers shall be allowed to wear any uniform with such staff officers' identifying insignia.

§ 10.25-9 Experience requirements. (a) The applicant for registry and a certificate of registry as staff officer shall submit evidence of experience as follows:

(1) Chief purser. 2 years' service aboard vessels performing duties relating to work in the purser's office.

(2) Surgeon. A valid license as physician and surgeon issued under the authority of a State or territory of the United States or the District of Columbia.

(3) Purser. 1 year's service aboard vessels performing duties relating to work in the purser's office.

(4) Senior assistant purser. 6 months' service aboard vessels performing duties relating to work in purser's office.

(5) Junior assistant purser. Previous experience not required.

(6) Junior assistant purser and pharmacist's mate. A rating of at least PharImacist's Mate, First Class, or Hospital Corpsman, First Class, in the U. S. Navy, U. S. Coast Guard, U. S. Maritime Service, or an equivalent rating in the U. S. Army (not less than Technical Sergeant, Medical Department, U. S. A.), and a period of service of at least 1 month in a U. S. Naval, U. S. Marine, or U. S. Army Hospital.

(b) Employment on shore in connection with ship's business may be accepted in lieu of service aboard vessels. Such shore employment shall be accepted in the ratio of 2 months' shore service to count as 1 month's service aboard vessels.

(c) In computing the length of service required of an applicant other than for junior assistant purser-pharmacist's mate, service of 1 season on vessels on the Great Lakes shall be counted as service of 1 year.

(d) In the event an applicant presents other special qualifications which, in the opinion of the Officer in Charge, Marine Inspection, fit him for the duties of a staff officer, other than surgeon and junior assistant purser-pharmacist's mate, the Officer in Charge, Marine Inspection, shall forward full details and description of such qualifications to Coast Guard Headquarters for the decision of the Commandant prior to the registry and issuance of certificate of registry. [CGFR 47-10, 12 F. R. 1565, Mar. 7, 1947, as amended by CGFR 49-9, 14 F. R. 1708, Apr. 9, 1949]

12.25-30 Student observers. 12.25-35

Marine

Authority of merchant mariner's documents indorsed as steward, cook, or baker.

AUTHORITY: §§ 12.01-1 to 12.25-35 issued under R. S. 4405, 4417a, 4488, 4551, as amended, sec. 13, 38 Stat. 1169, as amended, secs. 1, 2, 49 Stat. 1544, sec. 7, 49 Stat. 1936, sec. 1, 52 Stat. 753, 55 Stat. 579; 46 U. S. C. 375, 391a, 481, 643, 672, 367, 689, 672b, 672-1, 672-2. Statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: §§ 12.01-1 to 12.25-35 contained in CGFR 47-10, 12 F. R. 1566, Mar. 7, 1947, 12 F. R. 1892, Mar. 21, 1947, except as otherwise noted.

SUBPART 12.01-GENERAL

§ 12.01-1 Basis and purpose of regulations. By virtue of the authority vested in the Commandant of the Coast Guard under R. S. 4405, 4417a, 4488, and 4551, as amended; sec. 13, 38 Stat. 1169, as amended by sec. 1, 49 Stat. 1930, secs. 1, 2, 50 Stat. 199, sec. 1, 52 Stat. 753, 55 Stat. 579, and 55 Stat. 732; sec. 1, 49 Stat. 1544, sec. 7, 49 Stat. 1936, and 55 Stat. 244, as amended; 46 U. S. C. 367, 375, 391a, 481, 643, 672, 672-1, 672-2, 672b, 689. This part is prescribed to provide a comprehensive and adequate means of determining the identity or the qualifications an applicant must possess in order to be eligible for certification to serve on merchant vessels of the United States, in accordance with the intent of the statutes and to obtain their correct and uniform administration.

SUBPART 12.02-GENERAL REQUIREMENTS FOR

CERTIFICATION

§ 12.02-3 Where documents are issued. (a) Certificates of identification, certificates of service, certificates of efficiency, and continuous discharge books are issued to applicants qualifying therefor at any Marine Inspection Office of the Coast Guard during usual business hours.

(b) (1) Coast Guard Merchant Marine Details abroad are authorized to conduct examinations for up-grading of seamen, but are not prepared to conduct the physical examination where required. Merchant Marine Details will therefore not issue regular certificates, but temporary permits in lieu thereof. Merchant Marine Details will instruct the recipient of each temporary permit to present it to the Officer in Charge, Marine Inspection, upon arrival in the first port in the United States in which a Marine Inspection Office is located in order to exchange it for a permanent certificate.

(2) The temporary permit shall be accepted in a Marine Inspection Office as proof that the bearer has complied with the rules and regulations governing the issuance of certificates, except as noted in the body of the temporary permit. The requirements noted in the exceptions will be complied with as in the case of other applicants.

(3) The written examinations are forwarded to the Commandant by Merchant

Marine Details, and any Marine Inspection Office at which an applicant with a temporary permit appears may request and obtain the examination in the case from the Commandant. Any Marine Inspection Office which doubts the propriety of issuing a permanent certificate in lieu of a temporary permit which has been issued by a foreign Merchant Marine Detail shall inform the Commandant fully as to the circumstances.

§ 12.02-5 Form in which documents are issued. (a) Every certificate of service, certificate of efficiency, or certificate of identification issued or reissued after November 1, 1945, shall be in the form of a merchant mariner's document, Coast Guard Form 2838, and wherever such certificates are mentioned in this part they shall be deemed to include merchant mariner's documents representing such certificates.

(b) Continuous discharge books are issued on Coast Guard Form 719.

§ 12.02-7 When documents are required. (a) Every seaman employed on any merchant vessel of the United States of 100 gross tons or upward, except vessels employed exclusively in trade on the navigable rivers of the United States, shall be issued, at the option of the seaman. a continuous discharge book, a certificate of identification, or merchant mariner's document representing such certificate of identification, which shall be retained by him. This book or certificate of identification or merchant mariner's document will bear a number, and this same number shall be shown on all certificates of service of efficiency issued to the holder of the book or certificate or document. Provisions of this section are not applicable to unrigged vessels except seagoing barges and certain tank barges.

(b) Every seaman, as referred to in paragraph (a) of this section, shall produce a continuous discharge book or certificate of identification or merchant mariner's document representing such a certificate to the United States shipping commissioner before signing Articles of Agreement, and where the seaman is not signed on before a shipping commissioner, one of these documents shall be exhibited to the master of the vessel at the time of his employment. Seamen who do not possess one of these documents may be employed at a foreign port or place.

(c) (1) Every person employed on any merchant vessel of the United States of 100 gross tons and upward, except those navigating rivers exclusively and the smaller inland lakes, below the rank of licensed officer and registered staff offcer, shall possess a valid certificate of service, or merchant mariner's document representing such certificate, issued by an Officer in Charge, Marine Inspection.

(2) No certificate of service or efficiency is required of any person below the rank of license officer employed on any unrigged vessel except seagoing barges and certain tank barges.

(3) No certificate of service or efficiency is required of any person below the rank of licensed officer employed on any sail vessel of less than 500 net tons while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, as defined in section 2 of the act of February 19, 1895, as amended (33 U. S. C. 151).

§ 12.02-9 Application for documents. (a) An applicant for a certificate of service, certificate of efficiency, certificate of identification, continuous discharge book, or merchant mariner's document, shall make written application, in duplicate, on Coast Guard Form 719-B and shall appear in person before an Officer in Charge, Marine Inspection, or other person authorized to issue documents. The placing of fingerprints on the application shall be optional with the seaman. This application may be for as many certificates or ratings as the seaman believes he is qualified. In the case of a seaman applying for his first certificate, other than certificate of identification, the application shall include a request for either a continuous discharge book or a merchant mariner's document representing a certificate of identification, at the option of the appli

cant.

(b) (1) When the application is submitted for a certificate of identification, certificate of service, certificate of efficiency, merchant mariner's document, or any combination thereof, or a continuous discharge book, the seaman shall furnish three unmounted dull finish photographs of passport type (2 inches by 12 inches) taken within one year and showing the full face at least one inch in height with head uncovered.

(2) When the application requests a continuous discharge book in addition to

a certificate of service or certificate of efficiency or merchant mariner's document one additional photograph shall be furnished.

(c) An applicant for a document where sea service is required shall produce with his application discharges or other documentary evidence of his service, indicating the name of the vessels and dates on which he has had service, in what capacity, and on what waters.

(d) If the applicant possesses a continuous discharge book, certificate of identification, or merchant mariner's document representing such certificate, it shall be exhibited at the time of making application for any other document.

§ 12.02-10 Applications for documents from aliens. (a) No application from an alien for a certificate of service, certificate of efficiency, certificate of identification, continuous discharge book, or merchant mariner's document shall be accepted unless the alien presents acceptable documentary evidence from the United States Immigration and Naturalization Service that he is lawfully admitted to the United States for permanent residence.

(b) This evidence may be in the form of an alien registration receipt card issued by the Immigration and Naturalization Service bearing the certification that the alien was admitted to the United States as an immigrant, or a declaration of intention to become a citizen of the United States issued by a naturalization court.

[CGFR 52-17, 17 F. R. 2363, Mar. 19, 1952]

§ 12.02-11 General provisions respecting merchant mariner's documents. (a) As provided in § 12.02-5 every certificate of service, certificate of efficiency, or certificate of identification issued or reissued after November 1, 1945, shall be in the form of a merchant mariner's document, Coast Guard Form 2838.

(b) Any licensed officer or unlicensed seaman currently holding, in a valid status, any of the documents listed in paragraph (a) of this section may, upon request and without examination, be issued a merchant mariner's document.

(c) A merchant mariner's document shall be a certificate of service authorizing the holder to serve in any rating indorsed thereon or in any lower rating in the same department or in any rating covered by a general indorsement thereon. If the holder of a merchant

mariner's document is qualified to serve in more than one department, the capacities for which he is qualified in each department will be indorsed separately.

(d) (1) A merchant mariner's document issued to a licensed deck officer will be indorsed for, "any unlicensed rating in the deck department except able seaman," and will be a certificate of service authorizing the holder to serve in any unlicensed capacity in the deck department except able seaman without being required to present his license. If a licensed deck officer qualifies as able seaman the merchant mariner's document will be indorsed, "any unlicensed rating in the deck department including able seaman," and such indorsement will be deemed to include a certificate of efficiency as lifeboatman.

(2) A merchant mariner's document issued to a licensed engineer officer will be indorsed for, "any unlicensed rating in the engine department," and will be a certificate of service authorizing the holder to serve in any unlicensed capacity in the engine department without being required to present his license. If a licensed engineer qualifies as a lifeboatman, the further indorsement, "Lifeboatman," will be placed on the merchant mariner's document.

(3) A merchant mariner's document issued to a licensed radio officer will be indorsed as follows: "See License as Radio Officer." If a licensed radio officer qualifies as lifeboatman, the further indorsement, "Lifeboatman," will be placed on the merchant mariner's document. Qualifications for other ratings for which a radio officer is eligible may also be indorsed on the document.

(e) A merchant mariner's document issued to a staff officer will be indorsed as follows: "See Certificate of Registry." The holder of a certificate of registry as chief purser, purser, senior assistant purser, or junior assistant purser may serve as a purser's clerk without obtaining an indorsement on his merchant mariner's document.

(f) A merchant mariner's document indorsed as able seaman or as lifeboatman shall be a certificate of efficiency as lifeboatman.

(g) Every merchant mariner's document shall be a certificate of identification unless the holder also holds a continuous discharge book. The holder of a certificate of identification in the form

issued before November 1, 1945, shall surrender that certificate before he is issued a merchant mariner's document.

[CGFR 47-10, 12 F. R. 1567, Mar. 7, 1947, as amended by CGFR 48-50, 13 F. R. 6418, Oct. 30, 1948]

§ 12.02-13 Citizenship requirements. (a) Any person making application for a continuous discharge book or a certificate of identification or a merchant mariner's document representing a certificate of identification and claiming to be a citizen of the United States shall present acceptable evidence of such citizenship at the time of making application. No original document shall be issued to any person claiming to be a citizen of the United States until such citizenship is established by acceptable evidence.

(b) Any person who has been issued a continuous discharge book or certificate of identification or merchant mariner's document showing question marks prior to the effective date of this section may at any time produce additional evidence of citizenship to a shipping commissioner or Officer in Charge, Marine Inspection. If the additional evidence produced satisfies the shipping commissioner or the Officer in Charge, Marine Inspection, to whom it is presented that the same is acceptable evidence of the citizenship of the person, such official may draw lines through the question marks and note the citizenship of the person in the space provided therefor, attesting the change, or reissue the certificate or document. Whenever such changes are made the official making the change shall immediately thereafter notify the Commandant.

(c) Acceptable evidence of citizenship is set forth in § 10.02-5 of this subchapter.

[CGFR 48-50, 13 F. R. 6418, Oct. 30, 1948)

§ 12.02-14 Nationality of aliens. (a) Any alien making application for a continuous discharge book or certificate of identification or merchant mariner's document representing a certificate of identification shall present acceptable evidence of nationality at the time of making application. No original document shall be issued to any alien until nationality is established by acceptable evidence.

(b) Any document of an official character showing the country of which the alien is a citizen or subject may be accepted as acceptable evidence of an

alien's nationality. The following are examples of such a document:

(1) Declaration of intention to become a citizen of the United States made by the alien after 1929.

(2) A travel document in the nature of a passport issued by the government of the country of which the alien is a citizen or subject.

(3) A certificate issued by the consular representative of the country of which the alien is a citizen or subject.

(c) Should any doubt arise as to whether or not the document presented may be considered as acceptable evidence of the alien's nationality, the matter shall be referred to the Commandant for decision.

[CGFR 48-50, 13 F. R. 6419, Oct. 30, 1948, as amended by CGFR 50-33, 15 F. R. 7525, Nov. 9, 1950]

§ 12.02-15 Oath requirement. An applicant for a certificate of service for a rating other than as able seaman or qualified member of the engine department shall take oath before an Officer in Charge, Marine Inspection, or other offcer authorized to give such oath that he will faithfully and honestly perform all the duties required of him by law and carry out all lawful orders of his superior officers on shipboard.

§ 12.02-17 Rules for the preparation and issuance of documents. (a) Upon application of any person for a certificate of service or efficiency, or merchant mariner's document, any required examination will be given as soon as practicable.

(b) Upon satisfactory completion of any required examination the Officer in Charge, Marine Inspection, shall issue the appropriate document to the applicant.

(c) Before the delivery of the document the seaman shall affix his signature on the document and shall impress his left thumbprint on the back of the document. When the seaman has no left thumb, the imprint of the right thumb may be used and that fact noted.

(d) A seaman's Social Security number may be indorsed on his document only by the Officer in Charge, Marine Inspection, or the officer or person designated for the purpose of issuing documents, including Shipping Commissioners and Collectors of Customs acting as Shipping Commissioners.

(e) Whenever a certificate or document of any type issued to seamen is