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.
Editorial Notes
Amendments
1985—
CHAPTER 71 —LICENSES AND CERTIFICATES OF REGISTRY
Editorial Notes
Amendments
2018—
2016—
2010—
1990—
1984—
§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
(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.
(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 (
(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.
(j) The Secretary may issue a license under this section in a class under subsection (c) to an applicant that—
(1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in
(2) satisfies all other requirements for such a license.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7101 | 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.
Editorial Notes
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
Amendments
2014—Subsec. (j).
1996—Subsec. (e)(3).
1990—Subsecs. (g) to (i).
1984—Subsec. (e)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Plan for Licensing Operators of Fishing Industry Vessels
§7102. Citizenship
Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens of the United States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7102 | 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
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7103 | 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.
§7104. Certificates for medical doctors and nurses
A certificate of registry as a medical doctor or professional nurse may be issued only to an applicant who has a license as a medical doctor or registered nurse, respectively, issued by a State.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7104 | 46:243 |
Section 7104 requires an applicant for a certificate of registry as a medical doctor or professional nurse to have, as a prerequisite, a license as a medical doctor or registered nurse issued by a State.
§7105. Oaths
An applicant for a license or certificate of registry shall take, before the issuance of the license or certificate, an oath, without concealment or reservation, that the applicant will perform faithfully and honestly, according to the best skill and judgment of the applicant, all the duties required by law.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7105 | 46:229e 46:231 46:244 |
Section 7105 requires all individuals who wish to be issued a license or certificate of registry to take an oath before a government official that they will perform all the duties required by law according to their best skill and judgment.
Editorial Notes
Amendments
2010—
§7106. Duration of licenses
(a)
(b)
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7106 | 46:214(c) 46:225 46:226 46:228 46:229 46:229c |
Section 7106 sets a 5 year time limit on the validity of a license. It also requires a licensed radio officer to be in continuous possession of an FCC license.
Editorial Notes
Amendments
2018—Subsec. (b).
2010—
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
"(1) subsections (a), (b), and (c) [amending this section and
"(2) it was renewed at the end of each 5-year period under
§7107. Duration of certificates of registry
(a)
(b)
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7107 | 46:243 |
Section 7107 specifies that there is no time limit on the validity of a certificate of registry issued to a medical doctor or a professional nurse but is conditioned on the continuous possession of the appropriate license issued by a State.
Editorial Notes
Amendments
2018—Subsec. (b).
2010—
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
For provisions that a certificate of registry issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by
§7108. Termination of licenses and certificates of registry
When the holder of a license or certificate of registry, the duration of which is conditioned under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7108 | 46:229c 46:243 |
Section 7108 specifies if any individual issued a license or certificate of registry fails to have the required FCC or appropriate State medical license, the license or certificate is automatically terminated. The suspension and revocation procedures provided in
§7109. Review of criminal records
The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7109 | 46:225 46:233 |
Section 7109 authorizes the Secretary to renew licenses and certificates of registry for additional 5 year periods.
Editorial Notes
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7110. Exhibiting licenses
Each holder of a license issued under this part shall display, within 48 hours after employment on a vessel for which that license is required, the license in a conspicuous place on the vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7109 | 46:229f 46:232 |
Section 7110 requires licensed individuals to display the license in a conspicuous place on the vessel within 48 hours after they are employed.
§7111. Oral examinations for licenses
An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under part B of this subtitle.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7109 | 46:224a(2) |
Section 7111 provides for oral tests for licenses for individuals on fishing vessels that are not required to be inspected under part B.
Editorial Notes
Amendments
1986—
1984—
§7112. Licenses of masters or mates as pilots
A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the master's or mate's license.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7112 | 46:230 |
Section 7112 provides for the endorsement of a master's or mate's license as a pilot if they meet those specifications. These individuals do not have to hold two separate licenses.
§7113. Exemption from draft
A licensed master, mate, pilot, or engineer of a vessel inspected under part B of this subtitle, propelled by machinery or carrying hazardous liquid cargoes in bulk, is not liable to draft in time of war, except for performing duties authorized by the license. When performing those duties in the service of the United States Government, the master, mate, pilot, or engineer is entitled to the highest rate of wages paid in the merchant marine of the United States for similar services. If killed or wounded when performing those duties, the master, mate, pilot, or engineer, or the heirs or legal representatives of the master, mate, pilot, or engineer, are entitled to all the privileges under the pension laws of the United States provided to members of the Armed Forces.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7113 | 46:225 |
Section 7113 exempts licensed masters, mates, pilots, and engineers of inspected vessels that are propelled by machinery or carrying hazardous liquid cargo from the Selective Service draft in time of war.
This section also provides that, while serving in that capacity during war, they shall be entitled to the highest rate of pay paid in the U.S. merchant marine for similar services.
If a master, mate, pilot, or engineer is killed or wounded when performing those duties during a war, these individuals, their heirs or legal representatives, are entitled to all the privileges provided to members of the Armed Forces under the pension laws of the United States.
§7114. Fees
The Secretary may prescribe by regulation reasonable fees for the inspection of and the issuance of a certificate, license, or permit related to small passenger vessels and sailing school vessels.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7114 | 46:390a(b) |
Section 7114 allows the Secretary to prescribe reasonable fees for the issuance of a certificate of inspection, license, or registry, or permits related to small passenger vessels and sailing school vessels.
[§7115. Repealed. Pub. L. 115–282, title VI, §601(c)(2), Dec. 4, 2018, 132 Stat. 4289 ]
Section, added
§7116. Examinations for merchant mariner credentials
(a)
(b)
(c)
(Added
CHAPTER 73 —MERCHANT MARINERS' DOCUMENTS
Historical and Revision Notes
Editorial Notes
Amendments
1984—
§7301. General
(a) In this chapter—
(1) "service on deck" means service in the deck department in work related to the work usually performed on board vessels by able seamen and may include service on fishing, fish processing, fish tender vessels and on public vessels of the United States;
(2) 360 days is equal to one year's service; and
(3) a day is equal to 8 hours of labor or duty.
(b) The Secretary may prescribe regulations to carry out this chapter.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7301 | 46:672(c) |
Section 7301 defines "service on deck", "one year's service" and "day" with respect to the qualifying time for the issuance of various types of endorsements as able seamen. This section also provides the Secretary with the authority to prescribe regulations to carry out this chapter.
Editorial Notes
Amendments
1984—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Merchant Marine Post-Service Career Opportunities
§7302. Issuing merchant mariners' documents and continuous discharge books
(a) The Secretary shall issue a merchant mariner's document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F.
(b) The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner's document if the individual requests.
(c) The Secretary may not issue a merchant mariner's document under this chapter unless the individual applying for the document makes available to the Secretary, under
(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner's document under this section.
(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner's document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.
(f)
(1)
(2)
(g)(1) The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an interim merchant mariner's document valid for a period not to exceed 120 days, to—
(A) an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; or
(B) an individual seeking renewal of, or qualifying for a supplemental endorsement to, a valid merchant mariner's document issued under this section.
(2) No more than one interim document may be issued to an individual under paragraph (1)(A) of this subsection.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7302 | 46:239a(c) 46:643(a) 46:643(c) 46:672(i) |
Section 7302(a) requires the Secretary to issue a merchant mariner's document to qualified individuals required to have that document as a prerequisite to employment on certain vessels of the United States. The purpose of the document is to serve as positive identification and to specify each rating in which the individual is qualified to serve on vessels.
Subsection (b) allows the Secretary to issue a continuous discharge book to an individual who requests a book.
Editorial Notes
Amendments
2010—Subsec. (f).
2006—Subsec. (c).
2004—Subsec. (c).
2002—Subsec. (f).
Subsec. (g).
1990—Subsecs. (c) to (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date of 1990 Amendment
Amendment by
Military to Mariner
"(a)
"(b)
"(1)
"(A) review and examine—
"(i) the timeframes and impediments for veterans and members of the uniformed services to receive a merchant mariner credential;
"(ii) the classifications of sea service acquired through training and service as a member of the Uniformed Services and level of equivalence such service has with respect to sea service on merchant vessels; and
"(iii) the amount of sea service, including percent of the total time onboard for purposes of equivalent underway service, that will be accepted as required experience for all endorsements for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services; and
"(B) issue new regulations to—
"(i) streamline, ensure the accuracy of, and expedite the transfer, review and acceptance of information pertaining to training and sea time for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services;
"(ii) increase the acceptable percentages of time equivalent to sea service for such applicants pursuant to findings of the review and examination conducted under subparagraph (A); and
"(iii) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses.
"(2)
"(3)
"(A) the July 2020 report by the Committee on the Marine Transportation System to the White House Office of Trade and Manufacturing Policy on the implementation of Executive Order 13860 (84 Fed. Reg. 8407; relating to supporting the transition of active duty servicemembers and military veterans into the Merchant Marine); and
"(B) section 3511 of the National Defense Authorization Act for Fiscal Year 2020 (
"(c)
[For definitions of terms used in section 11316 of
"(a)
"(b)
"(c)
"(1) take all necessary and appropriate actions to provide for the waiver of fees through the National Maritime Center license evaluation, issuance, and examination for members of the uniformed services on active duty, if a waiver is authorized and appropriate, and, if a waiver is not granted, take all necessary and appropriate actions to provide for the payment of fees for members of the uniformed services on active duty by the applicable service to the fullest extent permitted by law;
"(2) direct the applicable services to take all necessary and appropriate actions to provide for Transportation Worker Identification Credential cards for members of the uniformed services on active duty pursuing or possessing a mariner credential, such as implementation of an equal exchange process for members of the uniformed services on active duty at no or minimal cost;
"(3) ensure that members of the applicable services who are to be discharged or released from active duty and who request certification or verification of sea service be provided such certification or verification no later than one month after discharge or release;
"(4) ensure the applicable services have developed, or continue to operate, as appropriate, the online resource known as Credentialing Opportunities On-Line to support separating members of the uniformed services who are seeking information and assistance on merchant mariner credentialing; and
"(5) not later than 1 year after the date of enactment of this section [Dec. 20, 2019], take all necessary and appropriate actions to review and implement service-related medical certifications to merchant mariner credential requirements.
"(d)
"(1)
"(2)
"(e)
"(1) is retiring or is retired as a member of the uniformed services;
"(2) is voluntarily separating or voluntarily separated from the uniformed services at the end of enlistment or service obligation; or
"(3) is administratively separating or has administratively separated from the uniformed services with an honorable or general discharge characterization."
Radar Refresher Training
Merchant Mariner Credential Expiration Harmonization
"(a)
"(b)
"(1) does not require an individual to renew a merchant mariner credential earlier than the date on which the individual's current credential expires; and
"(2) results in harmonization of expiration dates for merchant mariner credentials, mariner medical certificates, and radar observer endorsements for all individuals by not later than 6 years after the date of the enactment of this Act [Feb. 8, 2016].
"(c)
"(1) holding a merchant mariner credential with—
"(A) an active Standards of Training, Certification, and Watchkeeping endorsement; or
"(B) Federal first-class pilot endorsement; or
"(2) who have been issued a time-restricted medical certificate."
Crediting of United States Armed Forces Service, Training, and Qualifications
"(1)
"(2)
Merchant Mariners' Documents Pilot Program
Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
For provisions that a merchant mariner's document issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by section 4102(c) of
Definitions
"In this subtitle [subtitle B (§§11511–11515) of title CXV of
"(1)
"(2)
"(3)
§7303. Possession and description of merchant mariners' documents
A merchant mariner's document shall be retained by the individual to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the individual. In addition, the document shall specify the rate or ratings in which the individual is qualified to serve.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7303 | 46:643(a) |
Section 7303 requires seamen to retain their merchant mariner's documents. It also specifies the information that is to be contained in the document.
Editorial Notes
Amendments
2021—
2002—
§7304. Citizenship notation on merchant mariners' documents
An individual applying for a merchant mariner's document shall provide satisfactory proof that the individual is a citizen of the United States before that notation is made on the document.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7304 | 46:643(b) |
Section 7304 specifies, that before a merchant mariner's document is noted to specify that the individual is a U.S. citizen, the individual must provide satisfactory proof that he is a citizen. This does not impose a requirement of United States citizenship as a condition for issuance of a document.
§7305. Oaths for holders of merchant mariners' documents
An applicant for a merchant mariner's document shall take, before issuance of the document, an oath that the applicant will perform faithfully and honestly all the duties required by law, and will carry out the lawful orders of superior officers.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7305 | .............................................. |
The requirement for an oath, drawn from a clause which had appeared in
§7306. General requirements and classifications for able seamen
(a) To qualify for an endorsement as able seaman authorized by this section, an applicant must provide satisfactory proof that the applicant—
(1) is at least 18 years of age;
(2) has the service required by the applicable section of this part;
(3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and
(4) is qualified as to sight, hearing, and physical condition to perform the seaman's duties.
(b) The classifications authorized for endorsement as able seaman are the following:
(1) able seaman—unlimited.
(2) able seaman—limited.
(3) able seaman—special.
(4) able seaman—offshore supply vessels.
(5) able seaman—sail.
(6) able seaman—fishing industry.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7306 | 46:672(b) |
Section 7306(a) establishes the minimum requirements an individual must meet before being issued a merchant mariner's document endorsed for able seamen.
Subsection (b) establishes the classifications of able seamen—unlimited, able seamen—limited, able seamen—special, able seamen—offshore supply vessels, and able seamen—sail.
Editorial Notes
Amendments
1984—Subsec. (b)(6).
Statutory Notes and Related Subsidiaries
Effective Date
Provisions of this section (related to able seaman—sail) effective Apr. 15, 1984, see section 2(g)(1) of
Acceptance of Certain Services Toward Endorsement as Able Seaman
"(A) under sections 7307 and 7309 of that title; or
"(B) if the service is on board a vessel of at least 100 gross tons, under section 7308 of that title."
§7307. Able seamen—unlimited
The required service for the endorsement of able seaman—unlimited, qualified for unlimited service on a vessel on any waters, is at least 3 years' 1 service on deck on board vessels operating at sea or on the Great Lakes.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7307 | 46:672(b)(1) |
Section 7307 requires individuals to have at least 3 years service on deck on vessels operating at sea or on the Great Lakes before their merchant mariner's documents can be endorsed as able seamen—unlimited.
Statutory Notes and Related Subsidiaries
Temporary Reduction of Lengths of Certain Periods of Service
"(1)
"(2) section 7308 of such title shall be applied by substituting '12 months' for '18 months'; and
"(3) section 7309 of such title shall be applied by substituting '6 months' for '12 months'."
Acceptance of Certain Services Toward Endorsement as Able Seaman
Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of
1 See Temporary Reduction of Lengths of Certain Periods of Service note below.
§7308. Able seamen—limited
The required service for the endorsement of able seaman—limited, qualified for limited service on a vessel on any waters, is at least 18 months' 1 service on deck on board vessels of at least 100 gross tons as measured under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7308 | 46:672(b)(2) |
Section 7308 establishes the minimum service requirements for an individual to qualify for an endorsement as able seamen—limited.
Editorial Notes
Amendments
1996—
Statutory Notes and Related Subsidiaries
Temporary Reduction of Lengths of Certain Periods of Service
Section to be applied by substituting "12 months" for "18 months" for the 3-year period beginning on Dec. 22, 2023, see section 3534(j) of
Acceptance of Certain Services Toward Endorsement as Able Seaman
Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of
1 See Temporary Reduction of Lengths of Certain Periods of Service note below.
§7309. Able seamen—special
The required service for the endorsement of able seaman—special, qualified for special service on a vessel on any waters, is at least 12 months' 1 service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7309 | 46:672(b)(3) |
Section 7309 establishes the minimum service requirements for an individual to qualify as able seamen—special.
Statutory Notes and Related Subsidiaries
Temporary Reduction of Lengths of Certain Periods of Service
Section to be applied by substituting "6 months" for "12 months" for the 3-year period beginning on Dec. 22, 2023, see section 3534(j) of
Acceptance of Certain Services Toward Endorsement as Able Seaman
Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of
1 See Temporary Reduction of Lengths of Certain Periods of Service note below.
§7310. Able seamen—offshore supply vessels
For service on a vessel of less than 500 gross tons as measured under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7310 | 46:672(b)(3) |
Section 7310 establishes the minimum service requirements for an individual to serve as able seamen—offshore supply vessels on vessels of less than 500 gross tons engaged in the exploration, exploitation, or production of offshore mineral or energy resources.
Editorial Notes
Amendments
1996—
§7311. Able seamen—sail
For service on a sailing school vessel on any waters, an individual may be rated as able seaman—sail if the individual has at least 6 months' service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States (including the Great Lakes).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7311 | 46:672(b)(4) |
Section 7311 establishes the minimum service requirements for an individual to qualify as able seamen—sail on board sailing vessels.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§7311a. Able seamen—fishing industry
For service on a fish processing vessel, an individual may be rated as able seaman—fishing industry if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).
(Added
§7312. Scale of employment
(a) Individuals qualified as able seamen—unlimited under
(b) Individuals qualified as able seamen—limited under
(c) Individuals qualified as able seamen—special under
(1) all of the able seamen required on a vessel of not more than 500 gross tons as measured under
(2) not more than 50 percent of the number of able seamen required on board other vessels.
(d) Individuals qualified as able seamen—offshore. supply vessel under
(e) When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number.
(f) Individuals qualified as able seamen—fishing industry under
(1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 gross tons as measured under
(2) all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 gross tons as measured under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7312 | 46:672(f) |
Section 7312(a) provides that able seamen—unlimited may constitute all of the able seamen required on a vessel.
Subsection (b) provides that able seamen—limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels.
Subsection (c) provides that able seamen—special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen—special may only constitute up to 50 percent of the number of able seamen required on other vessels.
Subsection (d) provides that able seamen—offshore supply vessels may constitute 100 percent of the number of able seamen required on vessels of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy facilities. They may not serve on board other vessels as an able seaman until they have the appropriate required document.
Subsection (e) provides that the total number of able seamen—limited or able seamen—special may not be greater than 50 percent of the required number of able seamen on a vessel.
Editorial Notes
Amendments
2010—Subsec. (d).
1996—Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(2).
1986—Subsec. (e).
1984—Subsec. (f).
§7313. General requirements for members of engine departments
(a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 gross tons as measured under
(b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department.
(c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant—
(1) has the service required by
(2) is qualified professionally as demonstrated by an applicable examination; and
(3) is qualified as to sight, hearing, and physical condition to perform the member's duties.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7313 | 46:672(g) |
Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the engine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)).
Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department.
Subsection (c) establishes the minimum qualifications individuals must meet in order to have their documents endorsed as a qualified member of engine department.
Editorial Notes
Amendments
1996—Subsec. (a).
§7314. Service requirements for qualified members of engine departments
To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months' service in the related entry rating as described in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7314 | 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
(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
(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
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7315 | 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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7316 | 46:643(l) |
Section 7316 establishes the minimum standards an individual must meet in order to qualify for an endorsement as lifeboatman.
§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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7317(a) | 46:391a(10)(C) |
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 second-class 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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7318 | 46:229c 46:229g 46:643(a) |
Section 7318 specifies that radiotelegraph operators on the Great Lakes shall have a first-class or second-class 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.
§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.
(
| Revised section | 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.
Editorial Notes
Amendments
2021—
2004—
CHAPTER 75 —GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND DOCUMENTATION
Editorial Notes
Amendments
2022—
2016—
2012—
2010—
1996—
1990—
1986—
§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.
(
| 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).
1985—Subsec. (a).
§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
(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.
(
| 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
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Modernizing Merchant Mariner Credentialing System
"(a)
"(1)
"(2)
"(A) shall include recommendations for any legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in paragraph (1) as soon as possible; and
"(B) may include findings, conclusions, or recommendations from the study conducted under subsection (b).
"(b)
"(1)
"(A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and
"(B) maintains such records in a manner that allows data to be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States.
"(2)
"(A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph;
"(B) specifically address ways to protect the privacy interests of any individual whose information may be contained within such database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard; and
"(C) address the feasibility of incorporating in such database a reporting mechanism to alert the Administrator of the Maritime Administration each time a mariner's credential is reinstated upon completion of a period of suspension as the result of a suspension and revocation proceeding under
"(c)
[For definitions of terms used in section 11511 of
Electronic Records on Mariner Availability To Meet National Security Needs
"(1) to determine the potential availability of mariners credentialed under part E of subtitle II of
"(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 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.
(
| 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—
1990—Subsec. (a).
1985—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§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
Editorial Notes
Amendments
2021—
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
§7505. Review of information in National Driver Register
The Secretary shall make information received from the National Driver Register under
(Added
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of
§7506. Convention tonnage for licenses, certificates, and documents
Notwithstanding any provision of
(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
(2) issue the license, certificate, or document based on that service.
(Added
§7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents
(a)
(1) extend for not more than one year an expiring license or certificate of registry issued for an individual under
(2) issue for not more than five years an expiring license or certificate of registry issued for an individual under
(b)
(1) extend for not more than one year an expiring merchant mariner's document issued for an individual under
(2) issue for not more than five years an expiring merchant mariner's document issued for an individual under
(c)
(Added
Editorial Notes
Amendments
2018—Subsec. (b)(1).
Subsec. (b)(2).
2012—Subsec. (a).
§7508. Authority to extend the duration of medical certificates
(a)
(b)
(Added
Editorial Notes
Amendments
2021—Subsec. (b).
§7509. Medical certification by trusted agents
(a)
(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)
(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)
(Added
Statutory Notes and Related Subsidiaries
Implementation Deadline
§7510. Examinations for merchant mariner credentials
(a)
(1) a question from any examination for a merchant mariner credential;
(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)
(c)
(1)
(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)
(3)
(4)
(A)
(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)
(5)
(6)
(7)
(8)
(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)
(d)
(Added
Editorial Notes
References in Text
The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (c)(1), (4)(A), (8)(B), is the date of enactment of
Amendments
2022—Subsec. (c)(9).
2021—Subsec. (c)(8)(B).
Subsec. (d).
2018—Subsec. (c)(1).
Subsec. (c)(1)(C).
2016—Subsec. (c)(1).
Subsec. (c)(1)(D).
Subsec. (c)(4)(A), (8)(B).
Subsec. (c)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Amendment by
Disclosure to Congress
§7511. Convicted sex offender as grounds for denial
(a)
(1)
(2) a substantially similar offense under State, local, or Tribal law.
(b)
(Added
CHAPTER 77 —SUSPENSION AND REVOCATION
Editorial Notes
Amendments
2022—
2004—
§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
(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—
(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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7701 | 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
Amendments
1990—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7702. Administrative procedure
(a)
(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
(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 and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.
(d)(1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner's document held by an individual if—
(A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and
(B) there is probable cause to believe that the individual—
(i) has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;
(ii) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document;
(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or
(iv) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7702 | .............................................. |
Section 7702(a) provides that
Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.
Editorial Notes
References in Text
Section 205(a)(3)(A) or (B) of that Act, referred to in subsec. (c)(1), means section 205(a)(3)(A), (B) of the National Driver Register Act of 1982,
Amendments
2018—Subsec. (c)(1).
2004—Subsec. (d)(1).
Subsec.(d)(1)(B)(i).
Subsec. (d)(1)(B)(iii).
Subsec. (d)(1)(B)(iv).
1998—Subsec. (c)(2).
1990—Subsecs. (c), (d).
1985—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
1 See References in Text note below.
§7703. Bases for suspension or revocation
A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder—
(1) when acting under the authority of that license, certificate, or document—
(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or
(B) has committed an act of misconduct or negligence;
(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document;
(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;
(4) has committed an act of incompetence relating to the operation of a vessel; or
(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7703 | 46:226 46:239 46:240 46:246(c) |
This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.
Editorial Notes
Amendments
2006—Par. (3).
2004—Par. (1)(B).
Par. (3).
Pars. (4), (5).
1990—
"(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters.
"(2) has committed an act of incompetence, misconduct, or negligence."
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7704. Dangerous drugs as grounds for revocation
(a) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be suspended or revoked.
(b) If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariner's document shall be revoked unless the holder provides satisfactory proof that the holder is cured.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7704(a) | 46:239a(a) |
| 7704(b) | 46:239b(b)(1) |
| 7704(c) | 46:239b(b)(2) |
Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who has been convicted of a dangerous drug law within 10 years before the beginning of the suspension or revocation procedures. This section has expanded current law to incorporate violations involving "controlled substances" which are not narcotic. This includes PCP and LSD. Unless it can be done under existing law, the suspension or revocation of an individual's license based on the use of a "controlled substance" only applies to the use or conviction after the date of enactment of this Act.
This section also provides that anyone who has been a user of or addicted to a dangerous drug since July 14, 1954, may be subjected to revocation procedures unless the individual provides satisfactory proof of being cured.
In sections 7503(b)(2) and 7704(c), the term "use", when applying to "narcotic drugs" or "controlled substances", is not intended to include the use of "off the shelf" drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs are used by the individual in the recommended amounts and the drugs will not impair the individual's ability to perform duties.
Editorial Notes
Amendments
2018—Subsecs. (a) to (c).
2004—Subsec. (b).
1990—Subsec. (a).
1985—Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
§7704a. Sexual harassment or sexual assault as grounds for suspension or revocation
(a)
(b)
(c)
(1)
(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or
(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.
(2)
(A)
(B)
(Added
§7705. Subpenas and oaths
(a) An official designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates of registry, and merchant mariners' documents may administer oaths and issue subpenas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings.
(b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 7705 | 46:239(e) |
Section 7705 allows officials designated to investigate or preside at hearings on matters that are grounds for suspension and revocation proceedings to administer oaths and issue subpenas.
Editorial Notes
Amendments
1985—Subsec. (a).
§7706. Drug testing reporting
(a)
(b)
(c)
(Added
Editorial Notes
References in Text
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of
Amendments
2018—Subsec. (a).
2014—Subsec. (a).
Subsec. (c).