dreamproit/uscode huggingface dataset:
46 U.S.C. § 7108 (SHIPPING)
§ 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 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)
text: Historical and Revision Notes
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 chapter 77 are not applicable in these cases.
46 U.S.C. § 7109 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 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.”
heading: Effective Date of 1990 Amendment
text: 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.
46 U.S.C. § 7110 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7111 (SHIPPING)
§ 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.
(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.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 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”.
46 U.S.C. § 7112 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7113 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7114 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7301 (SHIPPING)
§ 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.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1984—Subsec. (a)(1). Pub. L. 98–364 substituted “fishing, fish processing, fish tender vessels” for “decked fishing vessels”.
46 U.S.C. § 7303 (SHIPPING)
§ 7303. Possession and description of merchant mariners’ documents
A merchant mariner’s document shall be retained by the seaman to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the seaman. In addition, the document shall specify the rate or ratings in which the seaman is qualified to serve.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107–295, title IV, § 421, Nov. 25, 2002, 116 Stat. 2125.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 2002—Pub. L. 107–295 struck out “the thumbprint,” after “photograph,”.
46 U.S.C. § 7304 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7305 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7305
..............................................
The requirement for an oath, drawn from a clause which had appeared in 46 U.S.C. 672(g), and administered by the Coast Guard to all applicants, was repealed in a 1980 amendment by section 4 of Public Law 96–378 (94 Stat. 1516). Since no specific comment was made regarding the elimination in 1980 and the agency has continued to administer an oath to all applicants, this provision is being reinstated. The Committee believes the oath will contribute to the discipline and order necessary in the merchant marine.
46 U.S.C. § 7306 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98–364, title IV, § 402(9)(C), July 17, 1984, 98 Stat. 448.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1984—Subsec. (b)(6). Pub. L. 98–364 added par. (6).
heading: Effective Date
text: Provisions of this section (related to able seaman—sail) effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
heading: Acceptance of Certain Services Toward Endorsement as Able Seaman
text: Pub. L. 101–595, title VI, § 602(e)(3), Nov. 16, 1990, 104 Stat. 2992, provided that:
“For the purposes of chapter 73 of title 46, United States Code, the Secretary of Transportation shall accept the service used by an individual to qualify for an endorsement as able seaman—fishing industry as qualifying service toward an endorsement as an 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.”
46 U.S.C. § 7307 (SHIPPING)
§ 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’ service on deck on board vessels operating at sea or on the Great Lakes.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)
text: Historical and Revision Notes
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.
heading: Acceptance of Certain Services Toward Endorsement as Able Seaman
text: 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 Pub. L. 101–595, set out as a note under section 7306 of this title.
46 U.S.C. § 7308 (SHIPPING)
§ 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’ service on deck on board vessels of at least 100 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 operating on the oceans or navigable waters of the United States (including the Great Lakes).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104–324, title VII, § 721, Oct. 19, 1996, 110 Stat. 3938.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1996—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 “100 gross tons”.
heading: Acceptance of Certain Services Toward Endorsement as Able Seaman
text: 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 Pub. L. 101–595, set out as a note under section 7306 of this title.
46 U.S.C. § 7309 (SHIPPING)
§ 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’ service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)
text: Historical and Revision Notes
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.
heading: Acceptance of Certain Services Toward Endorsement as Able Seaman
text: 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 Pub. L. 101–595, set out as a note under section 7306 of this title.
46 U.S.C. § 7310 (SHIPPING)
§ 7310. Able seamen—offshore supply vessels
For service on a vessel of less than 500 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 engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, an individual may be rated as able seaman—offshore supply vessels 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).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104–324, title VII, § 722, Oct. 19, 1996, 110 Stat. 3938.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1996—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 “500 gross tons”.
46 U.S.C. § 7311 (SHIPPING)
§ 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).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)
text: Historical and Revision Notes
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.
heading: Effective Date
text: Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 7311a (SHIPPING)
§ 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 Pub. L. 98–364, title IV, § 402(9)(D), July 17, 1984, 98 Stat. 448.)
46 U.S.C. § 7313 (SHIPPING)
§ 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 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 (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation.
(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 section 7314 of this title;
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104–324, title VII, § 724, Oct. 19, 1996, 110 Stat. 3939.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1996—Subsec. (a). 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 “100 gross tons”.
46 U.S.C. § 7314 (SHIPPING)
§ 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 section 7313(b) of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7315 (SHIPPING)
§ 7315. Training
(a) Graduation from a nautical school vessel approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title.
(b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sections 7307–7311 of this title.
(c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7316 (SHIPPING)
§ 7316. Lifeboatmen
To qualify for an endorsement as lifeboatman, an applicant must provide satisfactory proof that the applicant—
(1) has the service or training required by regulation;
(2) is qualified professionally as demonstrated by examination; and
(3) is qualified professionally by actual demonstration.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)
text: Historical and Revision Notes
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.
46 U.S.C. § 7317 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)
text: Historical and Revision Notes
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.