US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part E. Chapter 73: Merchant mariners document

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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publicidad

-CITE-

46 USC CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-MISC1-

Sec.

7301. General.

7302. Issuing merchant mariners' documents and continuous

discharge books.

7303. Possession and description of merchant mariners'

documents.

7304. Citizenship notation on merchant mariners' documents.

7305. Oaths for holders of merchant mariners' documents.

7306. General requirements and classifications for able

seamen.

7307. Able seamen - unlimited.

7308. Able seamen - limited.

7309. Able seamen - special.

7310. Able seamen - offshore supply vessels.

7311. Able seamen - sail.

7311a. Able seamen - fishing industry.

7312. Scale of employment.

7313. General requirements for members of engine

departments.

7314. Service requirements for qualified members of engine

departments.

7315. Training.

7316. Lifeboatmen.

7317. Tankermen.

7318. Radiotelegraph operators on Great Lakes.

7319. 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, Sec. 402(9)(A), July 17, 1984,

98 Stat. 448, added item 7311a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1132 of Appendix to this

title; title 50 App. section 1744.

-End-

-CITE-

46 USC Sec. 7301 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7301. General

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title

IV, Sec. 402(9)(B), July 17, 1984, 98 Stat. 448.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7301 46:672(c)

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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".

-End-

-CITE-

46 USC Sec. 7302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7302. Issuing merchant mariners' documents and continuous

discharge books

-STATUTE-

(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 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.

(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) Except as provided in subsection (g), a merchant mariner's

document issued under this chapter is valid for 5 years and may be

renewed for additional 5-year periods.

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101-380, title

IV, Secs. 4101(b), 4102(c), Aug. 18, 1990, 104 Stat. 509; Pub. L.

107-295, title III, Sec. 324(a), Nov. 25, 2002, 116 Stat. 2104.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7302 46:239a(c)

46:643(a)

46:643(c)

46:672(i)

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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.

-REFTEXT-

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. (c), 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-295, Sec. 324(a)(1), substituted

"Except as provided in subsection (g), a" for "A".

Subsec. (g). Pub. L. 107-295, Sec. 324(a)(2), added subsec. (g).

1990 - Subsecs. (c) to (e). Pub. L. 101-380, Sec. 4101(b), added

subsecs. (c) to (e).

Subsec. (f). Pub. L. 101-380, Sec. 4102(c), added subsec. (f).

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 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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8701 of this title; title

49 section 30305.

-End-

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46 USC Sec. 7303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7303. Possession and description of merchant mariners'

documents

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107-295, title

IV, Sec. 421, Nov. 25, 2002, 116 Stat. 2125.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7303 46:643(a)

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Section 7303 requires seamen to retain their merchant mariner's

documents. It also specifies the information that is to be

contained in the document.

AMENDMENTS

2002 - Pub. L. 107-295 struck out "the thumbprint," after

"photograph,".

-End-

-CITE-

46 USC Sec. 7304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7304. Citizenship notation on merchant mariners' documents

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7304 46:643(b)

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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.

-End-

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46 USC Sec. 7305 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7305. Oaths for holders of merchant mariners' documents

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7305 ................

..............................

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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.

-End-

-CITE-

46 USC Sec. 7306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7306. General requirements and classifications for able seamen

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98-364, title

IV, Sec. 402(9)(C), July 17, 1984, 98 Stat. 448.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7306 46:672(b)

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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.

AMENDMENTS

1984 - Subsec. (b)(6). Pub. L. 98-364 added par. (6).

EFFECTIVE DATE

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.

ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN

Pub. L. 101-595, title VI, Sec. 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."

-End-

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46 USC Sec. 7307 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7307. Able seamen - unlimited

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7307 46:672(b)(1)

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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.

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 Pub. L. 101-595, set

out as a note under section 7306 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7312, 7315 of this title.

-End-

-CITE-

46 USC Sec. 7308 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7308. Able seamen - limited

-STATUTE-

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).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title

VII, Sec. 721, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7308 46:672(b)(2)

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Section 7308 establishes the minimum service requirements for an

individual to qualify for an endorsement as able seamen - limited.

AMENDMENTS

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".

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 Pub. L. 101-595, set

out as a note under section 7306 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7312, 7315 of this title.

-End-

-CITE-

46 USC Sec. 7309 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7309. Able seamen - special

-STATUTE-

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).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7309 46:672(b)(3)

--------------------------------------------------------------------

Section 7309 establishes the minimum service requirements for an

individual to qualify as able seamen - special.

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 Pub. L. 101-595, set

out as a note under section 7306 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7312, 7315 of this title.

-End-

-CITE-

46 USC Sec. 7310 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7310. Able seamen - offshore supply vessels

-STATUTE-

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).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104-324, title

VII, Sec. 722, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7310 46:672(b)(3)

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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.

AMENDMENTS

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7312, 7315 of this title.

-End-

-CITE-

46 USC Sec. 7311 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7311. Able seamen - sail

-STATUTE-

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).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7311 46:672(b)(4)

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Section 7311 establishes the minimum service requirements for an

individual to qualify as able seamen - sail on board sailing

vessels.

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7315 of this title.

-End-

-CITE-

46 USC Sec. 7311a 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7311a. Able seamen - fishing industry

-STATUTE-

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).

-SOURCE-

(Added Pub. L. 98-364, title IV, Sec. 402(9)(D), July 17, 1984, 98

Stat. 448.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7312 of this title.

-End-

-CITE-

46 USC Sec. 7312 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7312. Scale of employment

-STATUTE-

(a) Individuals qualified as able seamen - unlimited under

section 7307 of this title may constitute all of the able seamen

required on a vessel.

(b) Individuals qualified as able seamen - limited under section

7308 of this title may constitute all of the able seamen required

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 or on a vessel operating on the Great Lakes and

the Saint Lawrence River as far east as Sept Iles. Individuals

qualified as able seamen - limited may constitute not more than 50

percent of the number of able seamen required on board other

vessels.

(c) Individuals qualified as able seamen - special under section

7309 of this title may constitute -

(1) all of the able seamen required on a vessel of not more

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 or on a seagoing barge or towing vessel; and

(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

vessels under section 7310 of this title may constitute all of the

able seamen required on board 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.

(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

section 7311a of this title may constitute -

(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 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; and

(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 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98-364, title

IV, Sec. 402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99-307,

Sec. 1(11), May 19, 1986, 100 Stat. 445; Pub. L. 104-324, title

VII, Sec. 723, Oct. 19, 1996, 110 Stat. 3938.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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7312 46:672(f)

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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.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-324, Sec. 723(1), 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".

Subsec. (c)(1). Pub. L. 104-324, Sec. 723(2), 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".

Subsec. (d). Pub. L. 104-324, Sec. 723(3), 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".

Subsec. (f)(1). Pub. L. 104-324, Sec. 723(4), 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 "5,000 gross

tons".

Subsec. (f)(2). Pub. L. 104-324, Sec. 723(5), 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 "5,000 gross

tons".

1986 - Subsec. (e). Pub. L. 99-307 substituted "able seamen -

limited" for "able seaman - limited".

1984 - Subsec. (f). Pub. L. 98-364 added subsec. (f).

-End-

-CITE-

46 USC Sec. 7313 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7313. General requirements for members of engine departments

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104-324, title

VII, Sec. 724, Oct. 19, 1996, 110 Stat. 3939.)

-MISC1-

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.

AMENDMENTS

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7314 of this title.

-End-

-CITE-

46 USC Sec. 7314 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7314. Service requirements for qualified members of engine

departments

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7313, 7315 of this title.

-End-

-CITE-

46 USC Sec. 7315 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7315. Training

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

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.

-End-

-CITE-

46 USC Sec. 7316 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7316. Lifeboatmen

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.)

-MISC1-

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.

-End-

-CITE-

46 USC Sec. 7317 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7317. Tankermen

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

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.

-End-

-CITE-

46 USC Sec. 7318 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7318. Radiotelegraph operators on Great Lakes

-STATUTE-

(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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7103 of this title.

-End-

-CITE-

46 USC Sec. 7319 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS

-HEAD-

Sec. 7319. Records of merchant mariners' documents

-STATUTE-

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. The records are not

open to general or public inspection.

-SOURCE-

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

-MISC1-

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.

-End-