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46 U.S.C. § 7702 — Administrative procedure

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 7702 — Administrative procedure

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Source location: Title 46, Chapter 77, § 7702; chapter-077-suspension-and-revocation.md

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**(a)** Sections 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30305/b/7&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 401 — Authority of the Secretary

The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30304 — Reports by chief driver licensing officials

**(a) Individuals Covered.—** As soon as practicable, the chief driver licensing official of each participating State shall submit to the Secretary of Transportation a report containing the information specified by subsection (b) of this section for each individual— (1) who is denied a motor vehicle operator’s license by that State for cause; (2) whose motor vehicle operator’s license is revoked, suspended, or canceled by that State for cause; or (3) who is convicted under the laws of that State of any of the following motor vehicle-related offenses or comparable offenses: (A) operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance. (B) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways. (C) failing to give aid or provide identification when involved in an accident resulting in death or personal injury. (D) perjury or knowingly making a false affidavit or statement to officials about activities governed by a law or regulation on the operation of a motor vehicle. **(b) Contents.—** (1) Except as provided in paragraph (2) of this subsection, a report under subsection (a) of this section shall contain— (A) the individual’s legal name, date of birth, sex, and, at the Secretary’s discretion, height, weight, and eye and hair color; (B) the name of the State providing the information; and (C) the social security account number if used by the State for driver record or motor vehicle license purposes, and the motor vehicle operator’s license number if different from the social security account number. (2) A report under subsection (a) of this section about an event that occurs during the 2-year period before the State becomes a participat

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 7702 — Administrative procedure

Page 145 TITLE 46—SHIPPING § 7702 1 See References in Text note below. (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. (d) The Secretary may prescribe regulations to carry out this chapter. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 101–380, title IV, § 4103(c), Aug. 18, 1990, 104 Stat. 511.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7701 .............................................. 46:239(g) Section 7701 establishes the general purpose of sus- pension and revocation proceedings, which is to pro- mote safety at sea. This section also provides the Sec- retary with the authority to suspend or revoke li- censes, certificates, and documents, as well as the au- thority to issue a new license, certificate or document to an individual when the issuance is compatible with the requirements of good discipline and safety at sea. It also provides for necessary regulatory authority to carry out its purposes. Editorial Notes AMENDMENTS 1990—Subsec. (c). Pub. L. 101–380 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘When a license, certificate of registry, or mer- chant mariner’s document has been revoked under this chapter, the former holder may be issued a new license, certificate, or document only after it has been decided, under regulations prescribed by the Secretary, that the issuance is compatible with the requirements of good discipline and safety at sea.’’ Statutory Notes and Related Subsidiaries 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, Navig

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