46 U.S.C. § 7703

Bases for suspension or revocation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 46 CasesGoogle Scholar

A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if the holder—(1) when acting under the authority of that license, certificate, or document—(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or(B) has committed an act of misconduct or negligence;(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner’s document;(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;(4) has committed an act of incompetence relating to the operation of a vessel; or(5) 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.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99–36, § 1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101–380, title IV, § 4103(b), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108–293, title IV, § 408, title VI, § 609(3), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 109–241, title IX, § 901(h)(3), July 11, 2006, 120 Stat. 564.)

Historical and Revision Notes
7703	46:226 46:239 46:240 46:246(c)

Historical and Revision Notes

7703

46:226

46:239

46:240

46:246(c)

This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.

Editorial NotesAmendments

2006—Par. (3). Pub. L. 109–241 struck out “(23 U.S.C. 401 note)” after “of title 49”.

2004—Par. (1)(B). Pub. L. 108–293, § 408(1), substituted “misconduct or” for “incompetence, misconduct, or”.

Par. (3). Pub. L. 108–293, § 609(3), 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”.

Pars. (4), (5). Pub. L. 108–293, § 408(2)–(4), added pars. (4) and (5).

1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: “A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder—

“(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters.

“(2) has committed an act of incompetence, misconduct, or negligence.”

1985—Pub. L. 99–36 substituted “certificate of registry,” for first reference to “certificate,”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1990–2023 · leading case: Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994).

Sort: Relevance Newest Treatment

Exxon Shipping Co., a Delaware Corp. v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1994). “46 U.S.C. § 7703 (Supp.1993). . The charges were: wilfully and knowingly failing to ensure that the Exxon Valdez was constantly manned by competent persons, in violation of 33 U.”

Mcdonald v. Dept. of Pro. Reg., 582 So. 2d 660 (Fla. 1st DCA 1991). · cites it 2× “master liable in damages even though the active negligence of others in the crew may have been the actual cause of the allision, these cases appear to establish that under federal law a pilot and master may likewise be held vicariously responsible for the negligence of others…”

Guest v. Carnival Corp., 917 F. Supp. 2d 1242 (S.D. Fla. 2012). · cites it 2× “That court squarely rejected plaintiffs argument that the “executive summary” was discoverable, regardless of the fact that it arose under 46 U.S.C. § 7703 , by noting that it was a *1246 Coast Guard document, that it was produced as part of the Coast Guard’s investigation, and…”

Kinneary v. City of New York, 358 F. Supp. 2d 356 (S.D.N.Y. 2005). “Ridge, through the Coast Guard, filed an administrative complaint against Kinneary pursuant to 46 U.S.C. § 7703 (1)(B) and 46 C.F.R. § 5.”

Jack Anthony Jory v. United States, 562 F. App'x 926 (11th Cir. 2014). “” But in fact, the Coast Guard revoked Jory’s MMC because it found that he was “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,” in violation of 46 U.S.C. § 7703…”

Tennessee Valley Auth. v. Vulcan Materials Co., 956 F. Supp. 1384 (W.D. Tenn. 1997). “, the Administrative Law Judge (AL J) held that a charge of negligence had been proved against the boat’s operator (Cole).”

Bruch v. U.S. Coast Guard, 736 F. Supp. 634 (E.D. Pa. 1990). “46 U.S.C. § 7703 , formerly 46 U.S.C. § 239 (g).”

Ehart v. Lahaina Divers, Inc. (D. Haw. 2023). · cites it 3× “The administrative enforcement action was brought pursuant to 46 U.S.C. § 7703 (1)(A) and (B), which states: A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if the holder– (1) when acting under the authority…”

Captain Leopold Klatt v. United States of Am. U.S. Coast Guard, 965 F.2d 743 (9th Cir. 1992). · cites it 4× “Although he was without fault, the Coast Guard sought to revoke or suspend Klatt’s license under 46 U.S.C. § 7703 , which provides for suspension or revocation of a mariner’s license if the holder violates or fails to comply with any law intended to protect navigable waters, on…”

Grace v. Keystone Shipping Co., 805 F. Supp. 436 (E.D. Tex. 1992). · cites it 3× “Subsequently, the Coast Guard initiated proceedings to revoke Grace’s seaman’s document in a Coast Guard administrative proceeding pursuant to 46 U.S.C. § 7703 and 46 C.F.R. Part 5. Grace was charged with possession of a controlled substance while serving under the authority of…”

Eric Shine v. United States, 570 F. App'x 649 (9th Cir. 2014). “The Coast Guard is authorized to suspend or revoke merchant mariner licenses on the grounds that Congress has *650 enumerated in the Maritime License Suspension and Revocation Act, 46 U.S.C. § 7703 . In relevant part, § 7703 authorizes the Coast Guard to suspend or revoke a…”

Passaro v. Collins, 176 F. App'x 893 (9th Cir. 2006). “Passaro’s contention that the United States Coast Guard had no authority to bring the instant charges absent a violation of law is without merit because 46 U.S.C. § 7703 (1)(B) specifically grants the Coast Guard the authority to suspend or revoke a merchant marine license due…”

Show all 13 citing cases →

— 46 U.S.C. § 7703(1)(B) — 1 case

Ehart v. Lahaina Divers, Inc. (D. Haw. 2023). “The administrative enforcement action was brought pursuant to 46 U.S.C. § 7703 (1)(A) and (B), which states: A license, certificate of registry, or merchant mariner’s document issued by the Secretary may be suspended or revoked if the holder– (1) when acting under the authority…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.