§7702 — Title 46 Shipping | U.S. Code

Summary

Federal hearing rules (sections 551–559 of title 5) apply when a mariner’s license, certificate of registry, or merchant mariner’s document is being suspended or taken away. A person whose document is suspended or revoked can appeal to the Secretary within 30 days. The Secretary must get National Driver Register information about certain offenses (under section 30305(b)(7) of title 49 and section 205(a)(3)(A) or (B)). The Secretary must also require alcohol and drug testing; this can include pre‑employment drug tests, periodic, random, reasonable‑cause, and post‑accident testing. The Secretary may temporarily suspend and take a document for up to 45 days if the person does safety‑sensitive work and there is probable cause of a drug/alcohol violation on duty, a disqualifying conviction (including certain convictions within the last 3 years under section 30304(a)(3)(A) or (B) of title 49), or if the person is a security risk or violates company policy and threatens others. An expedited hearing must be held within 30 days after a temporary suspension.

Title 46, §7702

Shipping — Source: USLM XML via OLRC

(a)section 551–559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariner’s document.

(b)The individual whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary.

(c)(1)The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 30305(b)(7) of title 49, all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act 11 See References in Text note below. committed by the individual.

(2)The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.

(d)(1)The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner’s document held by ‘an 22 So in original. Opening single quotation mark probably should not appear. individual—

(A)if—

(i)that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and

(ii)there is probable cause to believe that the individual—

(I)has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;

(II)has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document;

(III)within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or

(IV)is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment; or

(B)if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.

(2)If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 7702.............................................. section 7702(a) provides that section 551–559 of title 5 of the United States Code shall apply to each involving the suspension or revocation of a license, certificate, or document. Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.

Editorial Notes

References in Text

section 205(a)(3)(A) or (B) of that Act, referred to in subsec. (c)(1), means section 205(a)(3)(A), (B) of the National Driver Register Act of 1982, Pub. L. 97–364, which was set out in a note under section 401 of Title 23, Highways, and was repealed and restated in section 30304 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 975, 1379.

Amendments

2025—Subsec. (d)(1). Pub. L. 119–60 substituted “an individual—” for “an individual” in introductory provisions, inserted subpar. (A) designation before “if—”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B), 2018—Subsec. (c)(1). Pub. L. 115–232 substituted “section 30305(b)(7) of title 49” for “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)”. 2004—Subsec. (d)(1). Pub. L. 108–293, § 407(1), substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions. Subsec.(d)(1)(B)(i). Pub. L. 108–293, § 407(2), inserted “, while acting under the authority of that license, certificate, or document,” after “has”. Subsec. (d)(1)(B)(iii). Pub. L. 108–293, § 609(2), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”. Subsec. (d)(1)(B)(iv). Pub. L. 108–293, § 407(3)–(5), added cl. (iv). 1998—Subsec. (c)(2). Pub. L. 105–383 inserted second sentence and struck out former second sentence which read as follows: “The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing.” 1990—Subsecs. (c), (d). Pub. L. 101–380 added subsecs. (c) and (d). 1985—Subsec. (a). Pub. L. 99–36 substituted “mariner’s” for “mariners’ ”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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.

§7702 Administrative procedure

Summary

Title 46, §7702

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata