12.40-13—Restrictions.
(a)
A merchant mariner credential issued to a non-resident alien under this subpart authorizes service only in the steward's department of the U.S. flag large passenger vessel(s), that is/are under the same common ownership and control as the foreign flag passenger vessel(s), on which the non-resident alien served to meet the requirements of § 12.40-9(a) of this subpart:
(1)
The merchant mariner credential will be endorsed for service in the steward's department in accordance with § 12.25-10 of this part ;
(2)
The merchant mariner credential may also be endorsed for service as a food handler if the applicant meets the requirements of § 12.25-20 of this part; and
(3)
No other rating or endorsement is authorized, except lifeboatman, in which case all applicable requirements of this subchapter and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), and the Seafarers' Training, Certification and Watchkeeping Code (STCW Code), must be met.
(b)
The following restrictions must be printed on the merchant mariner credential, or listed in an accompanying Coast Guard letter, or both:
(1)
The name and official number of all U.S. flag vessels on which the non-resident alien may serve. Service is not authorized on any other U.S. flag vessel;
(2)
Upon issuance, the merchant mariner credential must remain in the custody of the employer at all times;
(3)
Upon termination of employment, the merchant mariner credential must be returned to the Coast Guard within 10 days in accordance with § 12.40-7 of this subpart;
(4)
A non-resident alien issued a merchant mariner credential under this subpart may not perform watchstanding, engine room duty watch, or vessel navigation functions; and
(5)
A non-resident alien issued a merchant mariner credential under this subpart may perform emergency-related duties provided:
(i)
The emergency-related duties do not require any other rating or endorsement, except lifeboatman as specified in paragraph (a)(3) of this section;
(ii)
The non-resident alien has completed familiarization and basic safety training as required in § 15.1105 of this subchapter;
(iii)
That if the non-resident alien serves as a lifeboatman, he or she must have the necessary lifeboatman's endorsement; and
(iv)
The non-resident alien has completed the training for crewmembers on passenger ships performing duties involving safety or care for passengers, as required in subpart of this part.
(c)
A non-resident alien may only serve for an aggregate period of 36 months actual service on all authorized U.S. flag large passenger vessels combined under the provisions of this subpart:
(1)
Once this 36-month limitation is reached, the merchant mariner credential becomes invalid and must be returned to the Coast Guard under § 12.40-7(d) of this subpart, and the non-resident alien is no longer authorized to serve in a position requiring a merchant mariner credential on any U.S. flag large passenger vessel; and
(2)
An individual who successfully adjusts his or her immigration status to that of an alien lawfully admitted for permanent residence to the United States or who becomes a United States citizen may apply for a merchant mariner credential, subject to the requirements of § 10.221 of this subchapter, without any restrictions or limitations imposed by this subpart.