1625-0078 Stat/Authority

§ 7315

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES
Revised section

7314 ..............................................

HISTORICAL AND REVISION NOTES

Source section (U.S. Code)
46:672(g)

Section 7314 requires individuals who wish to have
their documents endorsed as a qualified member of the
engine department must have at least 6 months service
as a wiper or coal passer.

§ 7315. Training
(a) Graduation from a nautical school vessel
approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title.
(b) The satisfactory completion of other
courses of instruction approved by the Secretary
may be substituted for not more than one-third
of the required service on deck at sea under sections 7307–7311 of this title.
(c) The satisfactory completion of other
courses of instruction approved by the Secretary
may be substituted for not more than one-half
of the required service at sea under section 7314
of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Page 132

Revised section

Source section (U.S. Code)

7317(a) .........................................

Section 7317(a) establishes the minimum standards an
individual must meet in order to qualify for an endorsement as tankerman for various types of oil or hazardous substances.
Subsection (b) specifies that the tankerman’s endorsement must specify the grades or types of cargo
the holder is qualified and allowed to handle.

§ 7318. Radiotelegraph operators on Great Lakes
(a) A radiotelegraph operator on the Great
Lakes only shall have a first-class or secondclass radiotelegraph operator’s license issued by
the Federal Communications Commission.
(b) An endorsement as radiotelegraph operator
on the Great Lakes only ends if the holder
ceases to hold the license issued by the Commission.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

7318 ..............................................

HISTORICAL AND REVISION NOTES
Revised section
7315 ..............................................

Source section (U.S. Code)
46:672(c)

Section 7315 specifies the training or course work
that may be substituted for service requirements for an
endorsement as an able seaman or a qualified member
of the engine department.

§ 7316. Lifeboatmen
To qualify for an endorsement as lifeboatman,
an applicant must provide satisfactory proof
that the applicant—
(1) has the service or training required by
regulation;
(2) is qualified professionally as demonstrated by examination; and
(3) is qualified professionally by actual demonstration.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

7316 ..............................................

§ 7319. Records of merchant mariners’ documents
The Secretary shall maintain records on each
merchant mariner’s document issued, including
the name and address of the individual to whom
issued and the next of kin of the individual.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
108–293, title IV, § 403, Aug. 9, 2004, 118 Stat. 1043;
Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§ 8505(b)(4), Jan. 1, 2021, 134 Stat. 4751.)
HISTORICAL AND REVISION NOTES

Source section (U.S. Code)
46:643(l)

Section 7316 establishes the minimum standards an
individual must meet in order to qualify for an endorsement as lifeboatman.

Revised section

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)

Source section (U.S. Code)

7319 ..............................................

46:643(f)

Section 7319 requires the Secretary to maintain
records on each merchant mariner’s document issued
and the seaman’s next of kin. However, these records
are not open for general or public inspection.

§ 7317. Tankermen
(a) The Secretary shall prescribe procedures,
standards, and qualifications for the issuance of
certificates or endorsements as tankerman,
stating the types of oil or hazardous material
that can be handled with safety to the vessel
and the marine environment.
(b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is
qualified and authorized to handle with safety
on board vessels.

46:229c
46:229g
46:643(a)

Section 7318 specifies that radiotelegraph operators
on the Great Lakes shall have a first-class or secondclass radiotelegraph operator’s license issued by the
FCC and need not be licensed as a radio operator by the
Coast Guard. However, an endorsement as radio telegraph operator has to be noted on his merchant mariners’ document. If the holder ceases to have a valid
FCC license, then the endorsement is terminated automatically without recourse to suspension and revocation proceedings.

HISTORICAL AND REVISION NOTES
Revised section

46:391a(10)(C)

Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘individual’’ for
‘‘seaman’’ in two places.
2004—Pub. L. 108–293 struck out at end ‘‘The records
are not open to general or public inspection.’’

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

7501.

Duplicates.

Page 133
Sec.

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

7508.
7509.
7510.

§ 7503

TITLE 46—SHIPPING

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.
Authority to extend the duration of medical
certificates.
Medical certification by trusted agents.
Examinations for merchant mariner credentials.
Editorial Notes
AMENDMENTS

2016—Pub. L. 114–120, title III, §§ 309(c), 315(a)(2), Feb.
8, 2016, 130 Stat. 57, 62, added items 7509 and 7510.
2012—Pub. L. 112–213, title III, § 306(b), Dec. 20, 2012,
126 Stat. 1565, added item 7508.
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.

§ 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 holder 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; Pub.
L. 116–283, div. G, title LVXXXV [LXXXV],
§ 8505(b)(5), Jan. 1, 2021, 134 Stat. 4751.)
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.
Editorial Notes
AMENDMENTS
2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘holder’’
for ‘‘seaman’’.
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’ doc-

uments, 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 regulations 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
Revised section

Source section (U.S. Code)

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

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.
Editorial Notes
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’’.
Statutory Notes and Related Subsidiaries
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.
ELECTRONIC RECORDS ON MARINER AVAILABILITY TO
MEET NATIONAL SECURITY NEEDS
Pub. L. 115–232, div. C, title XXXV, § 3510, Aug. 13,
2018, 132 Stat. 2310, provided that: ‘‘The Secretary of the
department in which the Coast Guard is operating shall
ensure that electronic records maintained under section 7502 of title 46, United States Code, are able to be
used by the Secretary of Transportation—
‘‘(1) to determine the potential availability of mariners credentialed under part E of subtitle II of title
46, United States Code, to meet national security sealift needs; and
‘‘(2) to receive information on the qualification of
such mariners.’’

§ 7503. Dangerous drugs as grounds for denial
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 con-

§ 7504

TITLE 46—SHIPPING

victed 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; Pub. L. 115–232, div. C, title XXXV,
§ 3545(a), Aug. 13, 2018, 132 Stat. 2326.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

7503(a) .........................................

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 convicted of a ‘‘controlled substance’’ such as LSD if that
use or conviction occurred before the date of enactment of this Act.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232 amended section generally. Prior
to amendment, section consisted of repealed subsec. (a)
and subsec. (b) identical to present provisions.
1990—Subsec. (a). Pub. L. 101–380 struck out 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’’.
Statutory Notes and Related Subsidiaries
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 operations and support of the Coast Guard.
(Added Pub. L. 99–640, § 10(b)(2)(A), Nov. 10, 1986,
100 Stat. 3549; amended Pub. L. 116–283, div. G,
title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021,
134 Stat. 4761.)

Page 134
Editorial Notes
AMENDMENTS

2021—Pub. L. 116–283 substituted ‘‘operations and support’’ for ‘‘operating expenses’’.
Statutory Notes and Related Subsidiaries
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 30305(b)(7) of title 49 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; amended Pub. L. 115–232,
div. C, title XXXV, § 3546(e), Aug. 13, 2018, 132
Stat. 2326.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232 substituted ‘‘section 30305(b)(7)
of title 49’’ for ‘‘section 206(b)(7) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note)’’.
Statutory Notes and Related Subsidiaries
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—
(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 Sec-

Page 135

§ 7510

TITLE 46—SHIPPING

retary 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 71 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 71 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
merchant mariner documents 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 license or certificate
of registry.
(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; amended Pub. L. 112–213, title
III, § 311, Dec. 20, 2012, 126 Stat. 1569; Pub. L.
115–282, title V, § 510(3), (4), Dec. 4, 2018, 132 Stat.
4274.)
Editorial Notes
AMENDMENTS
2018—Subsec. (b)(1). Pub. L. 115–282, § 510(3), substituted ‘‘merchant mariner documents’’ for ‘‘licenses
or certificates of registry’’.
Subsec. (b)(2). Pub. L. 115–282, § 510(4), substituted ‘‘license or certificate of registry.’’ for ‘‘merchant mariner’s document.’’
2012—Subsec. (a). Pub. L. 112–213 substituted ‘‘chapter
71’’ for ‘‘chapter 73’’ in pars. (1) and (2).

§ 7508. Authority to extend the duration of medical certificates
OF
EXTENSIONS.—Notwith(a)
GRANTING
standing any other provision of law, the Secretary may extend for not more than one year a
medical certificate issued to an individual holding a license, merchant mariner’s document, or
certificate of registry issued under chapter 71 or
73 if the Secretary determines that the extension is required to enable the Coast Guard to
eliminate a backlog in processing applications

for medical certificates or is in response to a national emergency or natural disaster.
(b) MANNER OF EXTENSION.—An extension
under this section may be granted to an individual or a specifically identified group of individuals.
(Added Pub. L. 112–213, title III, § 306(a), Dec. 20,
2012, 126 Stat. 1565; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8505(b)(6), Jan. 1,
2021, 134 Stat. 4751.)
Editorial Notes
AMENDMENTS
2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘an individual or a specifically identified group of individuals’’
for ‘‘individual seamen or a specifically identified
group of seamen’’.

§ 7509. Medical certification by trusted agents
(a) IN GENERAL.—Notwithstanding any other
provision of law and pursuant to regulations
prescribed by the Secretary, a trusted agent
may issue a medical certificate to an individual
who—
(1) must hold such certificate to qualify for
a license, certificate of registry, or merchant
mariner’s document, or endorsement thereto
under this part; and
(2) is qualified as to sight, hearing, and physical condition to perform the duties of such license, certificate, document, or endorsement,
as determined by the trusted agent.
(b) PROCESS FOR ISSUANCE OF CERTIFICATES BY
SECRETARY.—A final rule implementing this section shall include a process for—
(1) the Secretary of the department in which
the Coast Guard is operating to issue medical
certificates to mariners who submit applications for such certificates to the Secretary;
and
(2) a trusted agent to defer to the Secretary
the issuance of a medical certificate.
(c) TRUSTED AGENT DEFINED.—In this section
the term ‘‘trusted agent’’ means a medical practitioner certified by the Secretary to perform
physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner’s document under this part.
(Added Pub. L. 114–120, title III, § 309(a), Feb. 8,
2016, 130 Stat. 56.)
Statutory Notes and Related Subsidiaries
IMPLEMENTATION DEADLINE
Pub. L. 114–120, title III, § 309(b), Feb. 8, 2016, 130 Stat.
57, provided that: ‘‘Not later than 5 years after the date
of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is
operating shall issue a final rule implementing section
7509 of title 46, United States Code, as added by this
section.’’

§ 7510. Examinations for merchant mariner credentials
(a) DISCLOSURE NOT REQUIRED.—Notwithstanding any other provision of law, the Secretary is not required to disclose to the public—
(1) a question from any examination for a
merchant mariner credential;

§ 7510

TITLE 46—SHIPPING

(2) the answer to such a question, including
any correct or incorrect answer that may be
presented with such question; and
(3) any quality or characteristic of such a
question, including—
(A) the manner in which such question has
been, is, or may be selected for an examination;
(B) the frequency of such selection; and
(C) the frequency that an examinee correctly or incorrectly answered such question.
(b) EXCEPTION FOR CERTAIN QUESTIONS.—Notwithstanding subsection (a), the Secretary may,
for the purpose of preparation by the general
public for examinations required for merchant
mariner credentials, release an examination
question and answer that the Secretary has retired or is not presently on or part of an examination, or that the Secretary determines is appropriate for release.
(c) EXAM REVIEW.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of the Coast Guard
Authorization Act of 2016, and once every two
years thereafter, the Commandant shall commission a working group to review new questions for inclusion in examinations required
for merchant mariner credentials, composed
of—
(A) 1 subject matter expert from the Coast
Guard;
(B) representatives from training facilities
and the maritime industry, of whom—
(i) one-half shall be representatives from
approved training facilities; and
(ii) one-half shall be representatives
from the appropriate maritime industry;
(C) at least 1 representative from the National Merchant Marine Personnel Advisory
Committee;
(D) at least 2 representatives from the
State maritime academies, of whom one
shall be a representative from the deck
training track and one shall be a representative of the engineer license track;
(E) representatives from other Coast
Guard Federal advisory committees, as appropriate, for the industry segment associated with the subject examinations;
(F) at least 1 subject matter expert from
the Maritime Administration; and
(G) at least 1 human performance technology representative.
(2) INCLUSION OF PERSONS KNOWLEDGEABLE
ABOUT EXAMINATION TYPE.—The working group
shall include representatives knowledgeable
about the examination type under review.
(3) LIMITATION.—The requirement to convene
a working group under paragraph (1) does not
apply unless there are new examination questions to review.
(4) BASELINE REVIEW.—
(A) IN GENERAL.—Within 1 year after the
date of the enactment of the Coast Guard
Authorization Act of 2016, the Secretary
shall convene the working group to complete
a baseline review of the Coast Guard’s Merchant Mariner Credentialing Examination,
including review of—

Page 136

(i) the accuracy of examination questions;
(ii) the accuracy and availability of examination references;
(iii) the length of merchant mariner examinations; and
(iv) the use of standard technologies in
administering, scoring, and analyzing the
examinations.
(B) PROGRESS REPORT.—The Coast Guard
shall provide a progress report to the appropriate congressional committees on the review under this paragraph.
(5) FULL MEMBERSHIP NOT REQUIRED.—The
Coast Guard may convene the working group
without all members present if any non-CoastGuard representative is present.
(6) NONDISCLOSURE AGREEMENT.—The Secretary shall require all members of the working group to sign a nondisclosure agreement
with the Secretary.
(7) TREATMENT OF MEMBERS AS FEDERAL EMPLOYEES.—A member of the working group
who is not a Federal Government employee
shall not be considered a Federal employee in
the service or the employment of the Federal
Government, except that such a member shall
be considered a special government employee,
as defined in section 202(a) of title 18 for purposes of sections 203, 205, 207, 208, and 209 of
such title and shall be subject to any administrative standards of conduct applicable to an
employee of the department in which the
Coast Guard is operating.
(8) FORMAL EXAM REVIEW.—The Secretary
shall ensure that the Coast Guard Performance Technology Center—
(A) prioritizes the review of examinations
required for merchant mariner credentials;
and
(B) not later than 3 years after the date of
enactment of the Coast Guard Authorization
Act of 2016, completes a formal review, including an appropriate analysis, of the topics and testing methodology employed by
the National Maritime Center for merchant
mariner licensing.
(9) FACA.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any
working group created under this section to
review the Coast Guard’s merchant mariner
credentialing examinations.
(d) MERCHANT MARINER CREDENTIAL DEFINED.—
In this section, the term ‘‘merchant mariner
credential’’ means a merchant mariner license,
certificate, or document that the Secretary is
authorized to issue pursuant to this title.
(Added Pub. L. 114–120, title III, § 315(a)(1), Feb.
8, 2016, 130 Stat. 60; amended Pub. L. 114–328, div.
C, title XXXV, § 3503(a), (b)(1), Dec. 23, 2016, 130
Stat. 2775; Pub. L. 115–232, div. C, title XXXV,
§ 3541(b)(12), Aug. 13, 2018, 132 Stat. 2323; Pub. L.
115–282, title VI, § 601(c)(3)(B), Dec. 4, 2018, 132
Stat. 4289; Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8505(b)(7), Jan. 1, 2021, 134 Stat. 4751.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (c)(1),

Page 137

(4)(A), (8)(B), is the date of enactment of Pub. L.
114–120, which was approved Feb. 8, 2016.
The Federal Advisory Committee Act, referred to in
subsec. (c)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
AMENDMENTS
2021—Subsec. (c)(8)(B). Pub. L. 116–283, § 8505(b)(7)(A),
substituted ‘‘merchant mariner’’ for ‘‘merchant seamen’’.
Subsec. (d). Pub. L. 116–283, § 8505(b)(7)(B), substituted
‘‘merchant mariner license’’ for ‘‘merchant seaman license’’.
2018—Subsec. (c)(1). Pub. L. 115–232 substituted ‘‘Commandant’’ for ‘‘Commandant of the Coast Guard’’ in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 115–282 inserted ‘‘National’’
before ‘‘Merchant Marine’’.
2016—Subsec. (c)(1). Pub. L. 114–328, § 3503(a), in introductory provisions, substituted ‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast Guard Authorization
Act of 2015’’.
Subsec. (c)(1)(D). Pub. L. 114–328, § 3503(b)(1)(A), substituted ‘‘engineer’’ for ‘‘engine’’.
Subsec. (c)(4)(A), (8)(B). Pub. L. 114–328, § 3503(a), substituted ‘‘Coast Guard Authorization Act of 2016’’ for
‘‘Coast Guard Authorization Act of 2015’’.
Subsec. (c)(9). Pub. L. 114–328, § 3503(b)(1)(B), inserted
a period after ‘‘App’’.

(1) the Secretary decides, under regulations
prescribed by the Secretary, that the issuance
is compatible with the requirement of good
discipline and safety at sea; and
(2) the former holder provides satisfactory
proof that the bases for revocation are no
longer valid.
(d) The Secretary may prescribe regulations to
carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L.
101–380, title IV, § 4103(c), Aug. 18, 1990, 104 Stat.
511.)
HISTORICAL AND REVISION NOTES
Revised section

DISCLOSURE TO CONGRESS
Pub. L. 114–120, title III, § 315(c), Feb. 8, 2016, 130 Stat.
62, provided that: ‘‘Nothing in this section [enacting
this section and section 7116 of this title] may be construed to authorize the withholding of information
from an appropriate inspector general, the Committee
on Commerce, Science, and Transportation of the Senate, or the Committee on Transportation and Infrastructure of the House of Representatives.’’

CHAPTER 77—SUSPENSION AND
REVOCATION
Sec.

General.
Administrative procedure.
Bases for suspension or revocation.
Dangerous drugs as grounds for revocation.
Subpenas and oaths.
Drug testing reporting.
Editorial Notes
AMENDMENTS

2004—Pub. L. 108–293, title IV, § 414(b), Aug. 9, 2004, 118
Stat. 1047, added item 7706.

§ 7701. General
(a) The purpose of suspension and revocation
proceedings is to promote safety at sea.
(b) Licenses, certificates of registry, and merchant mariners’ documents may be suspended or
revoked for acts described in section 7703 of this
title.
(c) When a license, certificate of registry, or
merchant mariner’s document has been revoked
under this chapter, the former holder may be
issued a new license, certificate of registry, or
merchant mariner’s document only after—

46:239(g)

Section 7701 establishes the general purpose of suspension and revocation proceedings, which is to promote safety at sea. This section also provides the Secretary with the authority to suspend or revoke licenses, certificates, and documents, as well as the authority to issue a new license, certificate or document
to an individual when the issuance is compatible with
the requirements of good discipline and safety at sea. It
also provides for necessary regulatory authority to
carry out its purposes.
Editorial Notes

EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective as if included
in the enactment of Pub. L. 114–120, see section 3503(e)
of Pub. L. 114–328, set out as a note under section 315 of
Title 14, Coast Guard.

Source section (U.S. Code)

7701 ..............................................

Statutory Notes and Related Subsidiaries

7701.
7702.
7703.
7704.
7705.
7706.

§ 7702

TITLE 46—SHIPPING

AMENDMENTS
1990—Subsec. (c). Pub. L. 101–380 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ‘‘When a license, certificate of registry, or merchant mariner’s document has been revoked under this
chapter, the former holder may be issued a new license,
certificate, or document only after it has been decided,
under regulations prescribed by the Secretary, that the
issuance is compatible with the requirements of good
discipline and safety at sea.’’
Statutory Notes and Related Subsidiaries
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.

§ 7702. Administrative procedure
(a) Sections 551–559 of title 5 apply to each
hearing under this chapter about suspending or
revoking a license, certificate of registry, or
merchant mariner’s document.
(b) The individual whose license, certificate of
registry, or merchant mariner’s document has
been suspended or revoked under this chapter
may appeal, within 30 days, the suspension or
revocation to the Secretary.
(c)(1) The Secretary shall request a holder of a
license, certificate of registry, or merchant
mariner’s document to make available to the
Secretary, under section 30305(b)(7) of title 49,
all information contained in the National Driver
Register related to an offense described in section 205(a)(3)(A) or (B) of that Act 1 committed
by the individual.
(2) The Secretary shall require the testing of
the holder of a license, certificate of registry, or
merchant mariner’s document for use of alcohol
1 See

References in Text note below.