Stat/Authority

Page 115

CHAPTER 75—GENERAL PROCEDURES FOR
LICENSING, CERTIFICATION, AND DOCUMENTATION
Sec.

7501.
7502.
7503.
7504.
7505.
7506.
7507.

§ 7503

TITLE 46—SHIPPING

Duplicates.
Records.
Dangerous drugs as grounds for denial.
Travel and expense reimbursement.
Review of information in National Driver
Register.
Convention tonnage for licenses, certificates,
and documents.
Authority to extend the duration of licenses,
certificates of registry, and merchant mariner documents.

ulations may require that a vessel owner, managing operator, or employer shall make these
records available to the individual and the Coast
Guard on request.
(c) A person violating this section, or a regulation prescribed under this section, is liable to
the United States Government for a civil penalty of not more than $5,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
101–380, title IV, § 4114(e), Aug. 18, 1990, 104 Stat.
517; Pub. L. 111–281, title VI, § 605, Oct. 15, 2010,
124 Stat. 2967.)
HISTORICAL AND REVISION NOTES

AMENDMENTS

Revised section

2010—Pub. L. 111–281, title VI, § 615(b), Oct. 15, 2010, 124
Stat. 2972, added item 7507.
1996—Pub. L. 104–324, title VII, § 745(b), Oct. 19, 1996,
110 Stat. 3943, added item 7506.
1990—Pub. L. 101–380, title IV, § 4105(c), Aug. 18, 1990,
104 Stat. 513, added item 7505.
1986—Pub. L. 99–640, § 10(b)(2)(B), Nov. 10, 1986, 100
Stat. 3550, added item 7504.

7502 ..............................................

§ 7501. Duplicates
(a) If a license, certificate of registry, or merchant mariner’s document issued under this part
is lost as a result of a marine casualty, the holder shall be supplied with a duplicate without
cost.
(b) For any other loss, the seaman may obtain
a duplicate on payment of reasonable costs prescribed by regulation by the Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
99–36, § 1(a)(9)(C), May 15, 1985, 99 Stat. 68.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

7501 ..............................................

46:643(h)

Section 7501(a) provides that if a license, certificate
or document issued to an individual is lost due to a marine casualty, the individual will be supplied with a duplicate without cost.
Subsection (b) provides that if a license, certificate
or document is lost for any reason other than a marine
casualty, the seaman must pay a reasonable cost for
the replacement.
AMENDMENTS
1985—Subsec. (a). Pub. L. 99–36 substituted ‘‘certificate of registry, or merchant mariner’s document’’ for
‘‘certificate, or document’’.

§ 7502. Records
(a) The Secretary shall maintain records, including electronic records, on the issuances, denials, suspensions, and revocations of licenses,
certificates of registry, merchant mariners’ documents, and endorsements on those licenses,
certificates, and documents.
(b) The Secretary may prescribe regulations
requiring a vessel owner or managing operator
of a commercial vessel, or the employer of a seaman on that vessel, to maintain records of each
individual engaged on the vessel subject to inspection under chapter 33 on matters of engagement, discharge, and service for not less than 5
years after the date of the completion of the
service of that individual on the vessel. The reg-

Source section (U.S. Code)
46:414
46:643(f)

Section 7502 requires the Secretary to maintain
records on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant
mariner’s documents, and endorsements.
AMENDMENTS
Pub. L. 111–281 designated existing provisions as subsec. (a), substituted ‘‘records, including electronic
records,’’ for ‘‘computerized records’’, and added subsecs. (b) and (c).
1990—Pub. L. 101–380 substituted ‘‘maintain computerized records’’ for ‘‘maintain records’’.
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.

§ 7503. Dangerous drugs as grounds for denial
[(a) Repealed. Pub. L. 101–380, title IV,
§ 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.]
(b) A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who—
(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the
United States or of a State; or
(2) when applying, has ever been a user of, or
addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
99–36, § 1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub.
L. 101–380, title IV, § 4103(a)(2)(B), Aug. 18, 1990,
104 Stat. 511.)
HISTORICAL AND REVISION NOTES
Revised section
7503(a) .........................................

Source section (U.S. Code)
46:239a(a)
46:239b(a)

Section 7503 provides that the issuance of a license,
certificate, or document may be denied by the Secretary to any individual who has been convicted, within 10 years, of violating a dangerous drug law of the
United States or to any individual who has been a user
of a dangerous drug, unless the individual provides satisfactory proof of being cured. This includes PCP and
LSD. See also the note to section 7704. However, the
Secretary may deny issuing a license, certificate or
document to the individual who has used or been con-

§ 7504

TITLE 46—SHIPPING

victed of a ‘‘controlled substance’’ such as LSD if that
use or conviction occurred before the date of enactment of this Act.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380 repealed subsec. (a)
which defined ‘‘dangerous drug’’ for purpose of this section as narcotic drug, controlled substance, and marihuana.
1985—Subsec. (b). Pub. L. 99–36 substituted ‘‘certificate of registry, or merchant mariner’s document’’ for
first reference to ‘‘certificate, or document’’.
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.

§ 7504. Travel and expense reimbursement
When a requirement to qualify for the issuance of, or endorsement on, a certificate, license, or document under this part is administered at a place at the request of an applicant or
an applicant’s representative, the applicant or
representative may reimburse the Secretary for
the travel and subsistence expenses incurred by
the personnel assigned to perform the administration of the requirement. Amounts received as
reimbursement under this section shall be credited to the appropriation for operating expenses
of the Coast Guard.
(Added Pub. L. 99–640, § 10(b)(2)(A), Nov. 10, 1986,
100 Stat. 3549.)
TRANSFER OF FUNCTIONS
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.

§ 7505. Review of information in National Driver
Register
The Secretary shall make information received from the National Driver Register under
section 206(b)(7) of the National Driver Register
Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before
denying, suspending, revoking, or taking any
other action relating to a license, certificate of
registry, or merchant mariner’s document authorized to be issued for that individual under
this part, based on that information.
(Added Pub. L. 101–380, title IV, § 4105(b)(1), Aug.
18, 1990, 104 Stat. 512.)
EFFECTIVE DATE
Section applicable to incidents occurring after Aug.
18, 1990, see section 1020 of Pub. L. 101–380, set out as a
note under section 2701 of Title 33, Navigation and Navigable Waters.

§ 7506. Convention tonnage for licenses, certificates, and documents
Notwithstanding any provision of section
14302(c) or 14305 of this title, the Secretary
may—

Page 116

(1) evaluate the service of an individual who
is applying for a license, a certificate of registry, or a merchant mariner’s document by
using the tonnage as measured under chapter
143 of this title for the vessels on which that
service was acquired, and
(2) issue the license, certificate, or document
based on that service.
(Added Pub. L. 104–324, title VII, § 745(a), Oct. 19,
1996, 110 Stat. 3942.)
§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant
mariner documents
(a) LICENSES AND CERTIFICATES OF REGISTRY.—
Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast
Guard is operating may—
(1) extend for not more than one year an expiring license or certificate of registry issued
for an individual under chapter 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate
a backlog in processing applications for those
licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary;
or
(2) issue for not more than five years an expiring license or certificate of registry issued
for an individual under chapter 73 for the exclusive purpose of aligning the expiration date
of such license or certificate of registry with
the expiration date of a merchant mariner’s
document.
(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 7302(g), the Secretary may—
(1) extend for not more than one year an expiring merchant mariner’s document issued
for an individual under chapter 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate
a backlog in processing applications for those
licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary;
or
(2) issue for not more than five years an expiring merchant mariner’s document issued
for an individual under chapter 73 for the exclusive purpose of aligning the expiration date
of such merchant mariner’s document with
the expiration date of a merchant mariner’s
document.
(c) MANNER OF EXTENSION.—Any extensions
granted under this section may be granted to individual seamen or a specifically identified
group of seamen.
(Added Pub. L. 111–281, title VI, § 615(a), Oct. 15,
2010, 124 Stat. 2971.)
CHAPTER 77—SUSPENSION AND
REVOCATION
Sec.

7701.
7702.
7703.
7704.
7705.

General.
Administrative procedure.
Bases for suspension or revocation.
Dangerous drugs as grounds for revocation.
Subpenas and oaths.