1625-0028 Statutory Authorization

§ 7101

TITLE 46—SHIPPING

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

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

CHAPTER 71—LICENSES AND CERTIFICATES
OF REGISTRY
Sec.

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

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

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

Page 104

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

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

Page 105

§ 7103

TITLE 46—SHIPPING

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

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

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

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

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

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

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

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

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

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

§ 7104

TITLE 46—SHIPPING

§ 7104. Certificates
nurses

for

medical

doctors

and

HISTORICAL AND REVISION NOTES
Revised section

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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)
HISTORICAL AND REVISION NOTES
Revised section

Page 106

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.

Source section (U.S. Code)

AMENDMENTS
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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L.
111–281, title VI, § 613, Oct. 15, 2010, 124 Stat.
2970.)
HISTORICAL AND REVISION NOTES
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.
AMENDMENTS
2010—Pub. L. 111–281 struck out ‘‘before a designated
official’’ after ‘‘an oath’’.

§ 7106. Duration of licenses
(a) IN GENERAL.—A license issued under this
part is valid for a 5-year period and may be renewed for additional 5-year periods; except that
the validity of a license issued to a radio officer
is conditioned on the continuous possession by
the holder of a first-class or second-class radiotelegraph operator license issued by the Federal
Communications Commission.
(b) ADVANCE RENEWALS.—A renewed license issued under this part may be issued up to 8
months in advance but is not effective until the
date that the previously issued license expires
or until the completion of any active suspension
or revocation of that previously issued merchant mariner’s document, whichever is later.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L.
101–380, title IV, § 4102(a), Aug. 18, 1990, 104 Stat.
509; Pub. L. 111–281, title VI, § 614(b), Oct. 15, 2010,
124 Stat. 2970.)

2010—Pub. L. 111–281 amended section generally. Prior
to amendment, text read as follows: ‘‘A license issued
under this part is valid for 5 years and may be renewed
for additional 5-year periods. However, the validity of a
license issued to a radio officer is conditioned on the
continuous possession by the holder of a first-class or
second-class radiotelegraph operator license issued by
the Federal Communications Commission.’’
1990—Pub. L. 101–380 inserted ‘‘and may be renewed
for additional 5-year periods’’ after ‘‘for 5 years’’.
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.
TERMINATION OF
AND DOCUMENTS;

EXISTING LICENSES, CERTIFICATES,
APPLICABILITY OF 1990 AMENDMENT

Pub. L. 101–380, title IV, § 4102(d), Aug. 18, 1990, 104
Stat. 510, provided that: ‘‘A license, certificate of registry, or merchant mariner’s document issued before
the date of the enactment of this section [Aug. 18, 1990]
terminates on the day it would have expired if—
‘‘(1) subsections (a), (b), and (c) [amending this section and sections 7107 and 7302 of this title] were in
effect on the date it was issued; and
‘‘(2) it was renewed at the end of each 5-year period
under section 7106, 7107, or 7302 of title 46, United
States Code.’’

§ 7107. Duration of certificates of registry
(a) IN GENERAL.—A certificate of registry issued under this part is valid for a 5-year period
and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is
conditioned on the continuous possession by the
holder of a license as a medical doctor or registered nurse, respectively, issued by a State.
(b) ADVANCE RENEWALS.—A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued
certificate of registry expires or until the completion of any active suspension or revocation of
that previously issued merchant mariner’s document, whichever is later.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L.
101–380, title IV, § 4102(b), Aug. 18, 1990, 104 Stat.
509; Pub. L. 111–281, title VI, § 614(c), Oct. 15, 2010,
124 Stat. 2971.)
HISTORICAL AND REVISION NOTES
Revised section
7107 ..............................................

Source section (U.S. Code)
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

Page 107

§ 7112

TITLE 46—SHIPPING

the continuous possession of the appropriate license issued by a State.
AMENDMENTS
2010—Pub. L. 111–281 amended section generally. Prior
to amendment, text read as follows: ‘‘A certificate of
registry issued under this part is valid for 5 years and
may be renewed for additional 5-year periods. However,
the validity of a certificate issued to a medical doctor
or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a
State.’’
1990—Pub. L. 101–380 substituted ‘‘is valid for 5 years
and may be renewed for additional 5-year periods’’ for
‘‘is not limited in duration’’.
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.
TERMINATION OF
AND DOCUMENTS;

EXISTING LICENSES, CERTIFICATES,
APPLICABILITY OF 1990 AMENDMENT

AMENDMENTS
1990—Pub. L. 101–380 substituted ‘‘Review of criminal
records’’ for ‘‘Renewal of licenses’’ in section catchline
and amended text generally. Prior to amendment, text
read as follows: ‘‘A license issued under this part may
be renewed for additional 5-year periods.’’
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.

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

7109 ..............................................

46:229f
46:232

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 Pub. L.
101–380 were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) of Pub. L. 101–380, set out as a
note under section 7106 of this title.

Section 7110 requires licensed individuals to display
the license in a conspicuous place on the vessel within
48 hours after they are employed.

§ 7108. Termination of licenses and certificates of
registry

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.

When the holder of a license or certificate of
registry, the duration of which is conditioned
under section 7106 or 7107 of this title, fails to
hold the license required as a condition, the license or certificate of registry issued under this
part is terminated.

§ 7111. Oral examinations for licenses

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L.
98–364, title IV, § 402(8)(B), July 17, 1984, 98 Stat.
447; Pub. L. 99–307, § 1(10), May 19, 1986, 100 Stat.
445.)
HISTORICAL AND REVISION NOTES

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)
Revised section

HISTORICAL AND REVISION NOTES
Revised section
7108 ..............................................

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L.
101–380, title IV, § 4102(e)(1), Aug. 18, 1990, 104
Stat. 510.)
HISTORICAL AND REVISION NOTES

7109 ..............................................

46:224a(2)

Source section (U.S. Code)
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 chapter 77 are not applicable in these cases.

Revised section

Source section (U.S. Code)

7109 ..............................................

Source section (U.S. Code)
46:225
46:233

Section 7109 authorizes the Secretary to renew licenses and certificates of registry for additional 5 year
periods.

Section 7111 provides for oral tests for licenses for individuals on fishing vessels that are not required to be
inspected under part B.
AMENDMENTS
1986—Pub. L. 99–307 substituted ‘‘part’’ for ‘‘Part’’.
1984—Pub. L. 98–364 substituted in section catchline
‘‘Oral examinations for licenses’’ for ‘‘Licenses for fishing vessels not subject to inspection’’ and in text ‘‘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’’ for ‘‘Examinations for licensing individuals
on fishing vessels not required to be inspected under
part B of this subtitle shall be oral’’.

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.)
HISTORICAL AND REVISION NOTES
Revised section
7112 ..............................................

Source section (U.S. Code)
46:230

§ 7113

TITLE 46—SHIPPING

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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.)
HISTORICAL AND REVISION NOTES
Revised section
7113 ..............................................

Source section (U.S. Code)
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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.)
HISTORICAL AND REVISION NOTES
Revised section
7114 ..............................................

Source section (U.S. Code)
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. Merchant Mariner Medical Advisory Committee
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a Merchant Mariner Medical Advisory Committee
(in this section referred to as the ‘‘Committee’’).
(2) FUNCTIONS.—The Committee shall advise
the Secretary on matters relating to—

Page 108

(A) medical certification determinations
for issuance of licences, certificates of registry, and merchant mariners’ documents;
(B) medical standards and guidelines for
the physical qualifications of operators of
commercial vessels;
(C) medical examiner education; and
(D) medical research.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall consist of 14 members, none of whom is a Federal
employee, and shall include—
(A) ten who are health-care professionals
with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational
medicine; and
(B) four who are professional mariners
with knowledge and experience in mariner
occupational requirements.
(2) STATUS OF MEMBERS.—Members of the
Committee shall not be considered Federal
employees or otherwise in the service or the
employment of the Federal Government, except that members shall be considered special
Government employees, as defined in section
202(a) of title 18, United States Code, and shall
be subject to any administrative standards of
conduct applicable to the employees of the department in which the Coast Guard is operating.
(c) APPOINTMENTS; TERMS; VACANCIES.—
(1) APPOINTMENTS.—The Secretary shall appoint the members of the Committee, and each
member shall serve at the pleasure of the Secretary.
(2) TERMS.—Each member shall be appointed
for a term of five years, except that, of the
members first appointed, three members shall
be appointed for a term of two years.
(3) VACANCIES.—Any member appointed to
fill the vacancy prior to the expiration of the
term for which that member’s predecessor was
appointed shall be appointed for the remainder
of that term.
(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall designate one member of the Committee as the Chairman and one member as the
Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the
Chairman.
(e) COMPENSATION; REIMBURSEMENT.—Members
of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular
places of business of the member, the member of
the Committee may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
(f) STAFF; SERVICES.—The Secretary shall furnish to the Committee the personnel and services as are considered necessary for the conduct
of its business.
(Added Pub. L. 111–281, title II, § 210(a), Oct. 15,
2010, 124 Stat. 2913.)
FIRST MEETING
Pub. L. 111–281, title II, § 210(b), Oct. 15, 2010, 124 Stat.
2914, provided that: ‘‘No later than six months after the

Page 109

date of enactment of this Act [Oct. 15, 2010], the Merchant Mariner Medical Advisory Committee established by the amendment made by this section [enacting this section] shall hold its first meeting.’’

CHAPTER 73—MERCHANT MARINERS’
DOCUMENTS
Sec.

7301.
7302.
7303.
7304.
7305.
7306.
7307.
7308.
7309.
7310.
7311.
7311a.
7312.
7313.
7314.
7315.
7316.
7317.
7318.
7319.

§ 7302

TITLE 46—SHIPPING

General.
Issuing merchant mariners’ documents and
continuous discharge books.
Possession and description of merchant mariners’ documents.
Citizenship notation on merchant mariners’
documents.
Oaths for holders of merchant mariners’ documents.
General requirements and classifications for
able seamen.
Able seamen—unlimited.
Able seamen—limited.
Able seamen—special.
Able seamen—offshore supply vessels.
Able seamen—sail.
Able seamen—fishing industry.
Scale of employment.
General requirements for members of engine
departments.
Service requirements for qualified members
of engine departments.
Training.
Lifeboatmen.
Tankermen.
Radiotelegraph operators on Great Lakes.
Records of merchant mariners’ documents.
HISTORICAL AND REVISION NOTES

Chapter 73 establishes the general requirements for
the issuance of a merchant mariners’ document to
those individuals who are required to have a document
prior to engagement or employment on certain vessels
of the United States.
AMENDMENTS
1984—Pub. L. 98–364, title IV, § 402(9)(A), July 17, 1984,
98 Stat. 448, added item 7311a.

§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L.
98–364, title IV, § 402(9)(B), July 17, 1984, 98 Stat.
448.)
HISTORICAL AND REVISION NOTES
Revised section
7301 ..............................................

Source section (U.S. Code)
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.

AMENDMENTS
1984—Subsec. (a)(1). Pub. L. 98–364 substituted ‘‘fishing, fish processing, fish tender vessels’’ for ‘‘decked
fishing vessels’’.

§ 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 section
30305(b)(5) of title 49, any information contained
in the National Driver Register related to an offense described in section 30304(a)(3)(A) or (B) of
title 49 committed by the individual.
(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) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.—
(1) IN GENERAL.—Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year
period and may be renewed for additional 5year periods.
(2) ADVANCE RENEWALS.—A renewed merchant mariner’s document may be issued
under this chapter up to 8 months in advance
but is not effective until the date that the previously issued merchant mariner’s document
expires or until the completion of any active
suspension or revocation of that previously issued merchant mariner’s document, whichever
is later.
(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.