If you find a passage in a policy letter that is in direct conflict with a CFR which one is the deciding factor?
Ooh, sticky one. Do you have an example?
By the way, US Code trumps all.
That is a great question!
Someone feel free to correct me if I’m wrong,(Mr Cavo?),but as I understand it:
The purpose of the policy letter is to clarify the CFR,but the policy letter in and of itself is not law,and is open to interpretation by the powers that be.
Is there a specific PL that you have in mind Shellback?
Yes I do, but I am double/triple checking it before I make a fool of myself…lol…
I hope I have this wrong but here goes.
.Keep in mind I am looking at this from an aspiring 1600 Ton Mate, point of view…
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In policy letter 01-02 ,page 1 of enclosure 1…
Qualification as an Officer in Charge of a Navigational Watch on vessels of 500 or more Gross Tons…
It states on paragraph 5. (Sea Service)
[B]SEA SERVICE
a.[/B] Applicants must present evidence of [B][U]THREE [/U][/B]years sea service which includes six months service performing bridge watch keeping duties under the supervision of a qualified Master or licensed officer…The requirement for the [B]THREE[/B] years sea service supersedes the requirements set forth in 46 CFR part 10, subpart D pertaining to the length of sea service required for these licenses…and it goes on …
So, knowing the checklist for 1600 Ton Mate NC says 2 years… I looked up CFR 11.416 and it also says 2 years…here is the CFR…
[B] 11.416 Service requirements for mate of near coastal steam or motor vessels of not more than 1600 gross tons.[/B]
top The minimum service required to qualify an applicant for an endorsement as mate of near coastal steam or motor vessels of not more than 1600 gross tons is[B] two[/B] years total service in the deck department of ocean or near coastal steam or motor, sail, or auxiliary sail vessels. Service on Great Lakes and inland waters may substitute for up to one year of the required service. One year of the required service must have been on vessels of over 100 gross tons. Six months of the required service must have been as able seaman, boatswain, quartermaster, or equivalent position on vessels of over 100 gross tons while holding a certificate or endorsement as able seaman.
[CGD 81–059, 54 FR 138, Jan. 4, 1989, as amended by USCG–2006–24371, 74 FR 11242, Mar. 16, 2009]
So, what am I missing here? any ideas??? thanks
[quote=Capt Leigh;28822]That is a great question!
Someone feel free to correct me if I’m wrong,(Mr Cavo?),but as I understand it:
The purpose of the policy letter is to clarify the CFR,but the policy letter in and of itself is not law,and is open to interpretation by the powers that be.
Is there a specific PL that you have in mind Shellback?[/quote]
You’re generally right. The CFR is the higher authority.
However, there are some other things to consider for this specific example -First, OICVNW and STCW certifications are different from officer endorsements (licenses). Each has its own requirements. So it is possible to quali\fy for a license and not the comparable STCW credential. Also, 46 CFR 10.901 (not positive on the cite, I am stranded in NOLA airport and can’t access the CFR) has an incorporation by reference that says if you apply for specific licenses you also have to meet specified parts of the STCW.
So, policy letter 01-02, is relating to STCW … CFR 11.416 and the check off list that it is derived from, are for the license?
If thats correct, which now I am utterly confused ,and have no confidence that I am right , that means that 3 years are required for any of these endorsements…And therefore the sea time would have to be all acceptable STCW time, right?
I went back and did some more digging…10.402 - 10.421…The extra year is no big deal, the most they require is one year over 100 Tons…
Thanks Mr Cavo, …