dreamproit/uscode huggingface dataset:
46 U.S.C. § 7107 (SHIPPING)
§ 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 certificate of registry, 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; Pub. L. 115–282, title V, § 510(2), Dec. 4, 2018, 132 Stat. 4274.)
text: Historical and Revision Notes
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.
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–282 substituted “certificate of registry, whichever” for “merchant mariner’s document, whichever”.
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”.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
text: 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.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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. § 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: Editorial Notes
heading: Amendments
text: 1984—Subsec. (a)(1). Pub. L. 98–364 substituted “fishing, fish processing, fish tender vessels” for “decked fishing vessels”.
heading: Statutory Notes and Related Subsidiaries
heading: Merchant Marine Post-Service Career Opportunities
text: Pub. L. 113–281, title III, § 305(d), Dec. 18, 2014, 128 Stat. 3044, provided that: “Not later than 180 days after the date of enactment of this Act [Dec. 18, 2014], the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations.”
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: Editorial Notes
heading: Amendments
text: 2002—Pub. L. 107–295 struck out “the thumbprint,” after “photograph,”.
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: Editorial Notes
heading: Amendments
text: 1984—Subsec. (b)(6). Pub. L. 98–364 added par. (6).
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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. § 7319 (SHIPPING)
§ 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 seaman to whom issued and the next of kin of the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108–293, title IV, § 403, Aug. 9, 2004, 118 Stat. 1043.)
text: Historical and Revision Notes
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.
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–293 struck out at end “The records are not open to general or public inspection.”
46 U.S.C. § 7501 (SHIPPING)
§ 7501. Duplicates
(a) If a license, certificate of registry, or merchant mariner’s document issued under this part is lost as a result of a marine casualty, the holder shall be supplied with a duplicate without cost.
(b) For any other loss, the seaman may obtain a duplicate on payment of reasonable costs prescribed by regulation by the Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99–36, § 1(a)(9)(C), May 15, 1985, 99 Stat. 68.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7501
46:643(h)
Section 7501(a) provides that if a license, certificate or document issued to an individual is lost due to a marine casualty, the individual will be supplied with a duplicate without cost.
Subsection (b) provides that if a license, certificate or document is lost for any reason other than a marine casualty, the seaman must pay a reasonable cost for the replacement.
heading: Editorial Notes
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–36 substituted “certificate of registry, or merchant mariner’s document” for “certificate, or document”.
46 U.S.C. § 7502 (SHIPPING)
§ 7502. Records
(a) The Secretary shall maintain records, including electronic records, on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant mariners’ documents, and endorsements on those licenses, certificates, and documents.
(b) The Secretary may prescribe regulations requiring a vessel owner or managing operator of a commercial vessel, or the employer of a seaman on that vessel, to maintain records of each individual engaged on the vessel subject to inspection under chapter 33 on matters of engagement, discharge, and service for not less than 5 years after the date of the completion of the service of that individual on the vessel. The regulations may require that a vessel owner, managing operator, or employer shall make these records available to the individual and the Coast Guard on request.
(c) A person violating this section, or a regulation prescribed under this section, is liable to the United States Government for a civil penalty of not more than $5,000.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 101–380, title IV, § 4114(e), Aug. 18, 1990, 104 Stat. 517; Pub. L. 111–281, title VI, § 605, Oct. 15, 2010, 124 Stat. 2967.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7502
46:414
46:643(f)
Section 7502 requires the Secretary to maintain records on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant mariner’s documents, and endorsements.
heading: Editorial Notes
heading: Amendments
text: Pub. L. 111–281 designated existing provisions as subsec. (a), substituted “records, including electronic records,” for “computerized records”, and added subsecs. (b) and (c).
1990—Pub. L. 101–380 substituted “maintain computerized records” for “maintain records”.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Electronic Records on Mariner Availability To Meet National Security Needs
text: Pub. L. 115–232, div. C, title XXXV, § 3510, Aug. 13, 2018, 132 Stat. 2310, provided that:
“The Secretary of the department in which the Coast Guard is operating shall ensure that electronic records maintained under section 7502 of title 46, United States Code, are able to be used by the Secretary of Transportation—
“(1) to determine the potential availability of mariners credentialed under part E of subtitle II of title 46, United States Code, to meet national security sealift needs; and
“(2) to receive information on the qualification of such mariners.”