Exemption for Active-Duty Uniformed Service Members From Merchant Mariner Credentialing Fees

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>46 CFR Part 10</CFR> <DEPDOC>[Docket No. USCG-2021-0288]</DEPDOC> <RIN>RIN 1625-AC83</RIN> <SUBJECT>Exemption for Active-Duty Uniformed Service Members From Merchant Mariner Credentialing Fees</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, DHS. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Coast Guard is exempting certain members of the uniformed services from Merchant Mariner Credential (MMC) fees for the evaluation of an MMC application, the administration of an examination required for an MMC endorsement, and the issuance of an MMC. This final rule is in response to Executive Order 13860—Supporting the Transition of Active Duty Service Members and Military Veterans Into the Merchant Marine, and the National Defense Authorization Act for Fiscal Year 2020. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective November 4, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this final rule as being available in the docket, go to <E T="03">www.regulations.gov,</E> type USCG-2021-0288 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For information about this document, call or email Mr. James Cavo, U.S. Coast Guard Office of Merchant Mariner Credentialing; telephone 202-372-1205, email <E T="03">james.d.cavo@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents for Preamble</HD> <EXTRACT> <FP SOURCE="FP-2">I. Abbreviations</FP> <FP SOURCE="FP-2">II. Background</FP> <FP SOURCE="FP-2">III. Discussion of Comments and Changes</FP> <FP SOURCE="FP-2">IV. Legal Authority</FP> <FP SOURCE="FP-2">V. Discussion of the Rule</FP> <FP SOURCE="FP-2">VI. Regulatory Analyses</FP> <FP SOURCE="FP1-2">A. Regulatory Planning and Review</FP> <FP SOURCE="FP1-2">B. Small Entities</FP> <FP SOURCE="FP1-2">C. Assistance for Small Entities</FP> <FP SOURCE="FP1-2">D. Collection of Information</FP> <FP SOURCE="FP1-2">E. Federalism</FP> <FP SOURCE="FP1-2">F. Unfunded Mandates</FP> <FP SOURCE="FP1-2">G. Taking of Private Property</FP> <FP SOURCE="FP1-2">H. Civil Justice Reform</FP> <FP SOURCE="FP1-2">I. Protection of Children</FP> <FP SOURCE="FP1-2">J. Indian Tribal Governments</FP> <FP SOURCE="FP1-2">K. Energy Effects</FP> <FP SOURCE="FP1-2">L. Technical Standards</FP> <FP SOURCE="FP1-2">M. Environment</FP> </EXTRACT> <HD SOURCE="HD1">I. Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CATEX Categorical exclusion</FP> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">CG-MMC Coast Guard Office of Merchant Mariner Credentialing</FP> <FP SOURCE="FP-1">CPI Consumer Price Index</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">GS General Schedule</FP> <FP SOURCE="FP-1">MMC Merchant Mariner Credential</FP> <FP SOURCE="FP-1">NDAA 2020 National Defense Authorization Act for Fiscal Year 2020</FP> <FP SOURCE="FP-1">NOAA National Oceanic and Atmospheric Administration</FP> <FP SOURCE="FP-1">NMC National Maritime Center</FP> <FP SOURCE="FP-1">NPRM Notice of Proposed Rulemaking</FP> <FP SOURCE="FP-1">OMB Office of Management and Budget</FP> <FP SOURCE="FP-1">RA Regulatory analysis</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">STCW International Convention on Standards of Training, Certification and Watchkeeping for Seafarers</FP> <FP SOURCE="FP-1">USPHS U.S. Public Health Service</FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background</HD> As mandated by Title 46 of the United States Code (U.S.C.), section 2110, and in accordance with 31 U.S.C. 9701, the Coast Guard has established fees associated with Merchant Mariner Credential (MMC) applications, which are codified in table 1 to § 10.219(a) of Title 46 of the Code of Federal Regulations (CFR). There are three types of credentialing fees: an evaluation fee, an examination fee, and an issuance fee. The amount of the fee varies based on the individual credential transaction an applicant seeks. Evaluation fees for MMCs range from $50 to $100, and the applicant must pay the fee at the time an application is submitted to the Coast Guard. Examination fees range from $45 to $140, depending on the endorsement sought, and must be paid before the professional examination for an endorsement is taken. <SU>1</SU> <FTREF/> If an applicant applies for an MMC with both a rating and an officer endorsement, the higher evaluation fee is charged. Issuance fees are $45 and must be paid before an MMC is issued. is a “statement of a mariner's qualifications.” 46 CFR 10.107(b). The particular endorsement(s) on each mariner's MMC indicate what capacities they may serve in, such as a “Barge Supervisor” or a “Lifeboatman.” <E T="03">See id.;</E> 46 CFR 10.109(a) through (b). </FTNT> <FTNT> <SU>2</SU>  A <E T="03">rating endorsement</E> is an annotation on an MMC that allows a mariner to serve in those capacities set out in 46 CFR 10.109(b). 46 CFR 10.107(b). <E T="03">Officer endorsement</E> means an annotation on an MMC that allows a mariner to serve in the capacities listed in 46 CFR 10.109. <E T="03">Id.</E> </FTNT> The original issuance of an MMC, as well as any subsequent credential transactions, such as increasing the scope or raising the grade of authority, or renewing an MMC, all require a fee. <SU>3</SU> <FTREF/> MMCs are valid for a period of 5 years and may be renewed at any time during the validity period of the credential and for 1 year after expiration. <FTNT> <SU>3</SU>  “Increase in scope” and “raise of grade” are defined at 46 CFR 10.107. </FTNT> Mariners typically seek additional endorsements after accruing the required sea service and completing required training. There are no fees associated with issuing mariner medical certificates or endorsements for the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). The Coast Guard does not require a fee for MMC transactions if one of the following three conditions is met: (1) The application is for a Document of Continuity, as specified in 46 CFR 10.219(e)(3). (2) The credential is a duplicate of a credential lost in a shipwreck or other casualty under 46 CFR 10.229(c) and reflected in table 1 to § 10.219(a). (3) The applicant qualifies for a “no-fee” MMC under 46 CFR 10.219(h). Currently, an applicant only qualifies for a “no-fee” MMC if they are a volunteer for, or an employee of, an organization that is youth-oriented, not-for-profit, and charitable, 46 CFR 10.219(h). The holder of a “no-fee” MMC is restricted to using vessels owned or operated by the sponsoring organization, 46 CFR 10.219(k). In March 2019, Executive Order 13860 (Supporting the Transition of Active Duty Service Members and Military Veterans Into the Merchant Marine) directed the Coast Guard to waive the fees associated with MMC applications “for active duty service members, if a waiver is authorized and appropriate.”  <SU>4</SU> <FTREF/> That Executive Order applied only to members of the armed forces. <FTNT> <SU>4</SU>  Executive Order 13860, section 3, paragraph (a)(ii) (84 FR 8407, March 7, 2019). </FTNT> Subsequently, in December 2019, Congress enacted the National Defense Authorization Act for Fiscal Year 2020 (NDAA 2020). <SU>5</SU> <FTREF/> Building upon Executive Order 13860, section 3511(c)(1) of the NDAA 2020 directed the Coast Guard to waive evaluation, examination, and issuance fees associated with MMCs if a waiver is authorized and appropriate, not just for the armed forces (Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard), but for all “members of the uniformed services on active duty.” The uniformed services include the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA) and the Commissioned Corps of the U.S. Public Health Service (USPHS) in addition to the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. <SU>6</SU> <FTREF/> <FTNT> <SU>5</SU>  Public Law 116-92, Dec. 20, 2019. </FTNT> <FTNT> <SU>6</SU>  Section 3511 of the NDAA 2020 is codified as a note to 46 U.S.C. 7302; “Uniformed services” defined at 10 U.S.C. 101(a)(5). </FTNT> In accordance with Executive Order 13860 and section 3511 of the NDAA 2020, on May 26, 2020, the U.S. Coast Guard's Office of Merchant Mariner Credentialing (CG-MMC) issued Policy Letter 02-20, “Waiver of Fees Associated with MMC Applications for Active Duty Members of the Uniformed Services.”  <SU>7</SU> <FTREF/> CG-MMC Policy Letter 02-20 provided guidance for waiving MMC fees for active duty members of the uniformed services. The policy also provided a waiver of fees for mariners who provided documentation evidencing their eligibility for the fee waiver. This documentation could include active duty orders or a letter from their command or personnel office on official letterhead that stated the applicant was a current member of the uniformed services on active duty or a member of the Selected Reserve of the Ready Reserve of any of the armed forces or the Ready Reserve Corps of the USPHS. <FTNT> <SU>7</SU>  CG-MMC Policy Letter 02-20 is available at <E T="03">https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/MMC/CG-MMC-2%20Policies/CG-MMC-Policy-Letter-02-20.pdf</E> (last visited 4/9/2024). </FTNT> On October 3, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled “Exemption for Active Duty Uniformed Service Members from Merchant Mariner Credentialing Fees” (88 FR 68042). Having considered comments submitted in response to that ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 74k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━