Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 46 - Shipping |
Chapter I - Coast Guard, Department of Homeland Security |
SubChapter B - Merchant Marine Officers and Seamen |
Part 15 - Manning Requirements |
Subpart G - Limitations and Qualifying Factors |
§ 15.720 - Use of non-U.S.-credentialed personnel.
-
§ 15.720 Use of non-U.S.-credentialed personnel.
(a) United States vessels which need to replace one or more persons while on a foreign voyage and outside the jurisdiction of the United States, in order to meet manning requirements, may use non-U.S. credentialed personnel without a TWIC, except for the positions of master and radio officer, until the vessel returns to a port at which in the most expeditious manner replacements who are citizens of the United States can be obtained.
(b) The citizenship requirements of 46 U.S.C. 8103(a) and (b) and the TWIC requirement of 46 U.S.C. 70105 are waived, except for the requirement that the master must be a U.S. citizen holding a TWIC, with respect to the following vessels:
(1) A U.S.-documented offshore supply vessel (OSV) (as that term is defined in 46 U.S.C. 2101(19)) that is operating from a foreign port; and
(2) A U.S.-documented mobile offshore drilling unit (MODU) (as that term is defined in 46 U.S.C. 2101(15a)) that is operating beyond the water above the U.S. Outer Continental Shelf.
(c) The waiver provided in paragraph (b) of this section does not apply to any vessel operating in water above the U.S. Outer Continental Shelf (as that term is defined in 43 U.S.C. 1331(a)).
(d) The master must assure that any replacements of crewmembers by non-U.S. citizens made in accordance with this section will be with an individual who holds a credential that required experience, training, and other qualifications equivalent to the U.S. credential required for the position and that the person possesses or will possess the training required to communicate to the extent required by § 15.730 of this part.
(e) Non-U.S.-credentialed officers serving onboard vessels subject to STCW must hold a “Certificate attesting recognition” in accordance with part 11, subpart J of this subchapter. A mariner may serve for a period not to exceed 3 months onboard the vessel while the Coast Guard is processing his or her application for such a certificate.
[CGD 89-061, 55 FR 1212, Jan. 12, 1990, as amended by USCG-2006-24371, 74 FR 11261, Mar. 16, 2009; USCG-2004-17914, 78 FR 78005, Dec. 24, 2013]