Statutory Authority

§ 2103

TITLE 46—SHIPPING

Section 2102 contains a number of definitions that are
limited to recreational vessels in Chapter 43 of Part B
and the numbering of these vessels in Chapter 123 of
Part H.
AMENDMENTS
2006—Pub. L. 109–304 redesignated subsec. (b) as entire
section, substituted ‘‘west’’ for ‘‘West’’ and ‘‘east’’ for
‘‘East’’, and struck out subsec. (a) which defined ‘‘eligible State’’, ‘‘State’’, ‘‘United States’’, and ‘‘State recreational boating safety program’’ in chapters 37, 43, 51,
and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as
subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37
and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out
‘‘and facilities improvement’’ after ‘‘recreational boating safety’’.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated
par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4)
which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par.
(5) as (3).

Page 26

§ 2104. Delegation
(a) The Secretary may delegate the duties and
powers conferred by this subtitle to any officer,
employee, or member of the Coast Guard, and
may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or
employee of the Customs Service to act in place
of a Coast Guard official, the Secretary may designate that officer or employee subject to the
approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2104 ..............................................

Source section (U.S. Code)
46:65v(1)
46:382b
46:416
46:543
46:689

Section 2104 provides the Secretary with authority to
delegate duties and powers to others. It also contains
the authority to designate an officer or employee of the
United States Customs Service to act in the place of a
Coast Guard official.

EFFECTIVE DATE OF 1984 AMENDMENT

TRANSFER OF FUNCTIONS

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence
over the merchant marine of the United States
and of merchant marine personnel insofar as the
enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government.
In the interests of marine safety and seamen’s
welfare, the Secretary shall enforce this subtitle
and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of
this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
99–307, § 9, May 19, 1986, 100 Stat. 447.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2103 ..............................................

46:2
46:372
46:689

Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel
are not subject, under other laws, to the supervision of
another official. The Secretary has the duty to enforce
the laws with respect to vessels and seamen and to
carry out correctly and uniformly these laws and regulations. The term ‘‘superintendence’’ is used to indicate
the Secretary’s broad responsibility for overseeing
maritime safety and seamen’s welfare, including employment, shipping, navigation, and protection of the
marine environment.
AMENDMENTS
1986—Pub. L. 99–307 substituted ‘‘subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle’’ for ‘‘subtitle and regulations
prescribed under this subtitle’’.

§ 2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all
laws related to marine safety, and shall require
that a report be made to the Secretary annually
about those matters that may require improvement or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2105 ..............................................

Source section (U.S. Code)
46:4

Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.

§ 2106. Liability in rem
When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)

§ 7101

TITLE 46—SHIPPING

law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. Any employee
of the Department of Transportation, and any member
of the Coast Guard, investigating a marine casualty
pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty
investigation, without the permission of the Secretary
of Transportation. The Secretary shall not withhold
permission for such employee or member to testify, either orally or upon written questions, on solely factual
matters at a time and place and in a manner acceptable
to the Secretary if the information is not available
elsewhere or is not obtainable by other means.’’
Subsec. (b). Pub. L. 109–241, § 902(e)(2)(B), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–241, § 902(e)(2)(A), (C), formerly
§ 902(e)(2)(A), (3), renumbered § 902(e)(2)(A), (C) and
amended Pub. L. 111–281, § 903(a)(5)(B), (C), (6), redesignated subsec. (b) as (c) and substituted ‘‘subsections (a)
and (b)’’ for ‘‘subsection (a)’’. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–241, § 902(e)(2)(A), (D), formerly § 902(e)(2)(A), (4), renumbered § 902(e)(2)(A), (D)
and amended Pub. L. 111–281, § 903(a)(5)–(7), redesignated
subsec. (c) as (d) and substituted ‘‘subsections (a), (b),
and (c)’’ for ‘‘subsections (a) and (b)’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat.
3010, provided that the amendment by section
903(a)(5)(B)–(7), is effective with enactment of Pub. L.
109–241.

PART E—MERCHANT SEAMEN LICENSES,
CERTIFICATES, AND DOCUMENTS
HISTORICAL AND REVISION NOTES
Part E establishes the authority for the Coast Guard
to issue, suspend, and revoke licenses, certificates of
registry, and merchant mariner’s documents for individuals who are to be engaged on vessels of the United
States.
AMENDMENTS
1985—Pub. L. 99–36, § 1(a)(9)(B), May 15, 1985, 99 Stat.
67, substituted ‘‘Merchant Seamen Licenses, Certificates, and’’ for ‘‘Licenses, Certificates, and Merchant
Mariners’ ’’ in part E heading.

CHAPTER 71—LICENSES AND CERTIFICATES
OF REGISTRY
Sec.

7101.
7102.
7103.
7104.
7105.
7106.
7107.
7108.
7109.
7110.
7111.
7112.
7113.
7114.
7115.

Issuing and classifying licenses and certificates of registry.
Citizenship.
Licenses for radio officers.
Certificates for medical doctors and nurses.
Oaths.
Duration of licenses.
Duration of certificates of registry.
Termination of licenses and certificates of
registry.
Review of criminal records.
Exhibiting licenses.
Oral examinations for licenses.
Licenses of masters or mates as pilots.
Exemption from draft.
Fees.
Merchant Mariner Medical Advisory Committee.
AMENDMENTS

2010—Pub. L. 111–281, title II, § 210(c), Oct. 15, 2010, 124
Stat. 2914, added item 7115.

Page 104

1990—Pub. L. 101–380, title IV, § 4102(e)(2), Aug. 18,
1990, 104 Stat. 510, substituted ‘‘Review of criminal
records’’ for ‘‘Renewal of licenses’’ in item 7109.
1984—Pub. L. 98–364, title IV, § 402(8)(A), July 17, 1984,
98 Stat. 447, substituted ‘‘Oral examinations for licenses’’ for ‘‘Licenses for fishing vessels not subject to
inspection’’ in item 7111.

§ 7101. Issuing and classifying licenses and certificates of registry
(a) Licenses and certificates of registry are established for individuals who are required to
hold licenses or certificates under this subtitle.
(b) Under regulations prescribed by the Secretary, the Secretary—
(1) issues the licenses and certificates of registry; and
(2) may classify the licenses and certificates
of registry as provided in subsections (c) and
(f) of this section, based on—
(A) the tonnage, means of propulsion, and
horsepower of machine-propelled vessels;
(B) the waters on which vessels are to be
operated; or
(C) other reasonable standards.
(c) The Secretary may issue licenses in the following classes to applicants found qualified as
to age, character, habits of life, experience, professional qualifications, and physical fitness:
(1) masters, mates, and engineers.
(2) pilots.
(3) operators.
(4) radio officers.
(d) In classifying individuals under subsection
(c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and
service and other qualifying requirements appropriate to the particular service or industry in
which the individuals are engaged.
(e) An individual may be issued a license under
subsection (c)(2) of this section only if the applicant—
(1) is at least 21 years of age;
(2) is of sound health and has no physical
limitations that would hinder or prevent the
performance of a pilot’s duties;
(3) has a thorough physical examination
each year while holding the license, except
that this requirement does not apply to an individual who will serve as a pilot only on a
vessel of less than 1,600 gross tons as measured
under section 14502 of this title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under
section 14104 of this title;
(4) demonstrates, to the satisfaction of the
Secretary, that the applicant has the requisite
general knowledge and skill to hold the license;
(5) demonstrates proficiency in the use of
electronic aids to navigation;
(6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in those
waters;
(7) has sufficient experience, as decided by
the Secretary, to evidence ability to handle
any vessel of the type and size which the applicant may be authorized to pilot; and
(8) meets any other requirement the Secretary considers reasonable and necessary.

Page 105

§ 7103

TITLE 46—SHIPPING

(f) The Secretary may issue certificates of registry in the following classes to applicants found
qualified as to character, knowledge, skill, and
experience:
(1) pursers.
(2) medical doctors.
(3) professional nurses.
(g) The Secretary may not issue a license or
certificate of registry under this section unless
an individual applying for the license or certificate makes available to the Secretary, under
section 206(b)(7) of the National Driver Register
Act of 1982 (23 U.S.C. 401 note), any information
contained in the National Driver Register related to an offense described in section 205(a)(3)(A)
or (B) of that Act committed by the individual.
(h) The Secretary may review the criminal
record of an individual who applies for a license
or certificate of registry under this section.
(i) The Secretary shall require the testing of
an individual who applies for issuance or renewal of a license or certificate of registry
under this chapter for use of a dangerous drug in
violation of law or Federal regulation.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 539; Pub. L.
98–557, § 29(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L.
101–380, title IV, § 4101(a), Aug. 18, 1990, 104 Stat.
509; Pub. L. 104–324, title VII, § 720, Oct. 19, 1996,
110 Stat. 3938.)
HISTORICAL AND REVISION NOTES
Revised section
7101 ..............................................

Source section (U.S. Code)
46:214
46:224
46:226
46:228
46:229
46:229a
46:229b
46:242
46:243
46:244
46:247

Section 7101(a) provides the authority for the establishment of licenses and certificates of registry for officers and individuals operating vessels who are required
to hold them under Subtitle II.
Subsection (b) authorizes the Secretary to issue licenses and certificates of registry based on tonnage,
means of propulsion, horsepower, vessel operating area,
and other reasonable standards.
Subsection (c) authorizes the Secretary to issue licenses to masters, mates, engineers, pilots, operators,
and radio officers when found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness. These qualifying standards
must by necessity be reasonable and related to the rigors of the profession.
Subsection (d) requires the Secretary to establish,
when possible, suitable career patterns and service for
and other qualifying requirements appropriate to the
particular service or industry for the individuals so engaged.
Subsection (e) sets forth the requirements that pilots
must meet before being issued a license.
Subsection (f) authorizes the Secretary to issue certificates of registry to qualified individuals as pursers,
medical doctors, and professional nurses.
REFERENCES IN TEXT
Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver Register Act of 1982, referred to in subsec.
(g), are sections 205(a)(3)(A), (B) and 206(b)(7) of Pub. L.
97–364, which are set out as a note under section 401 of
Title 23, Highways.

AMENDMENTS
1996—Subsec. (e)(3). Pub. L. 104–324 inserted ‘‘as measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title’’ after ‘‘1,600 gross tons’’.
1990—Subsecs. (g) to (i). Pub. L. 101–380 added subsecs.
(g) to (i).
1984—Subsec. (e)(3). Pub. L. 98–557 inserted exemption
for pilots on a vessel of less than 1,600 gross tons.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of Title 33, Navigation and Navigable Waters.
PLAN FOR LICENSING OPERATORS OF FISHING INDUSTRY
VESSELS
Pub. L. 100–424, § 3, Sept. 9, 1988, 102 Stat. 1590, provided that: ‘‘The Secretary of the department in which
the Coast Guard is operating shall, within two years
after the date of enactment of this Act [Sept. 9, 1988],
and in close consultation with the Commercial Fishing
Industry Vessel Advisory Committee established under
section 4508 of title 46, United States Code (as amended
by this Act), prepare and submit to the Congress a plan
for the licensing of operators of documented fishing,
fish processing, and fish tender vessels. The plan shall
take into consideration the nature and variety of the
different United States fisheries and of the vessels engaged in those fisheries, the need to license all operators or only those working in certain types of fisheries
or vessels, and other relevant factors.’’

§ 7102. Citizenship
Licenses and certificates of registry for individuals on documented vessels may be issued
only to citizens of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)
HISTORICAL AND REVISION NOTES
Revised section
7102 ..............................................

Source section (U.S. Code)
46:242
46:1132(a)

Section 7102 requires that any individual issued a license or certificate of registry allowing the individual
to be engaged on a documented vessel must be a U.S.
citizen.

§ 7103. Licenses for radio officers
(a) A license as radio officer may be issued
only to an applicant who has a first-class or second-class radiotelegraph operator license issued
by the Federal Communications Commission.
(b) Except as provided in section 7318 of this
title, this part does not affect the status of radiotelegraph operators serving on board vessels
operating only on the Great Lakes.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)
HISTORICAL AND REVISION NOTES
Revised section
7103 ..............................................

Source section (U.S. Code)
46:229a
46:229b
46:229g

Section 7103 requires an applicant for a license as a
radio officer to have, as a prerequisite, a first-class or
second-class radiotelegraph operator license issued by
the Federal Communications Commission (FCC). It also
excepts radiotelegraph operators that are engaged on
Great Lakes vessels from the requirement of having to
obtain a radio officer’s license.