[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Rules and Regulations]
[Pages 49804-49806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23987]



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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 350

[Docket No. R-162]
RIN 2133-AB21


Seamen's Service Awards

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Maritime Administration (MARAD) is amending its 
regulations prescribing procedures for obtaining seamen's service 
awards to conform to the provisions of the Merchant Marine Decorations 
and Medals Act of 1988.

EFFECTIVE DATE: September 27, 1995.

FOR FURTHER INFORMATION CONTACT: Patricia Thomas, Maritime Industry 
Analyst, Office of Maritime Labor, Training and Safety, 400 Seventh 
Street SW, Room 7302, Washington, DC 20590, Telephone: (202) 366-5755.

SUPPLEMENTARY INFORMATION: Public Law 100-324, the Merchant Marine 
Decorations and Medals Act of 1988, 46 App. U.S.C. 2001 et seq., (``The 
Act''), recognized the service of United States merchant seamen during 
times of peace, war and national emergency by expanding the authority 
of the Secretary of Transportation (Secretary), delegated to the 
Maritime Administrator (MARAD), to issue medals, awards and decorations 
to merchant seamen who performed such service. It repealed the Act of 
July 24, 1956, commonly referred to as the Merchant Marine Medals Act 
of 1956. That statute had authorized medals and decorations for 
outstanding and meritorious conduct and service in the U.S. merchant 
marine after June 30, 1950. The regulations of MARAD, at 46 CFR part 
350, are being revised to reflect this change in the law and to 
implement the Act by specifying the medals, awards and decorations that 
the Secretary may issue and by establishing the procedure for 
determining eligibility to receive these indicia of recognition for 
service in the U.S. Merchant Marine.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This rulemaking is not considered to be an economically significant 
regulatory action under section 3(f) of E.O. 12866, and is not 
considered to be a significant rule under the Department's Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). Accordingly, 
it was not reviewed by the Office of Management and Budget.
    A full regulatory evaluation is not required because the rule has 
no mandatory effects and imposes no regulatory costs.
    MARAD has determined that this rulemaking presents no substantive 
issue which it could reasonably expect would produce meaningful public 
comment since it merely prescribes a procedure for obtaining seamen's 
service to implement statutory authority for their issuance by the 
Secretary of Transportation. Accordingly, pursuant to the 
Administrative Procedure Act, 5 U.S.C. 553(c) and (d), MARAD finds that 
good cause exists to publish this as a final rule, without opportunity 
for public comment, and to make it effective on the date of 
publication.

Federalism

    The Maritime Administration has analyzed this rulemaking in 
accordance with the principles and criteria contained in Executive 
Order 12612, and has determined that it does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Maritime Administration certifies that this rulemaking will not 
have a significant economic impact on a substantial number of small 
entities.

Environmental Assessment

    The Maritime Administration has considered the environmental impact 
of this rulemaking and has concluded that an environmental impact 
statement is not required under the National Environmental Policy Act 
of 1969.

Paperwork Reduction Act

    This rulemaking contains an information collection that has been 
approved by OMB under 5 CFR part 1320, pursuant to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501, et seq.). Approval number 2133-
0506 has been assigned to the collection requirement.

List of Subjects in 46 CFR Part 350

    Decorations, medals, awards; Seamen.

    Accordingly, 46 CFR part 350 is revised to read as follows:

PART 350--SEAMEN'S SERVICE AWARDS

Sec.
350.1  Purpose.
350.2  Special medals and awards.
350.3  Other original recognition of service.
350.4  Eligibility for awards.
350.5  Replacement decorations.
350.6  Unauthorized sale, manufacture, possession or display.
350.7  Special certificate of recognition.

    Authority: 46 App. USC 2001 et seq., 49 CFR 1.66.


Sec. 350.1  Purpose.

    The purpose of this part is to prescribe regulations to implement 
the Merchant Marine Decorations and Medals Act of 1988, 46 App. USC 
2001, et seq., to authorize the issue of decorations, medals, and other 
recognition for service in the U.S. merchant marine, and for other 
purposes, and to provide for the replacement of awards previously 

[[Page 49805]]
issued for service in the United States Merchant Marine under prior 
law.


Sec. 350.2  Special medals and awards.

    The Secretary of Transportation, acting through the Maritime 
Administrator, may award decorations and medals of appropriate design 
for individual acts or service in the U.S. Merchant Marine.
    (a) Medals, awards. The Secretary may award the Distinguished 
Service Medal, Meritorious Service Medal and Gallant Ship Unit Citation 
Award, as prescribed under sections 3 and 4 of Pub. L. 100-324.
    (b) Nominations. Nominations for these awards shall be reviewed and 
submitted by the MARAD Merchant Marine Awards Committee to the Maritime 
Administrator for approval.
    (c) Inquiries. Direct all inquiries concerning eligibility and 
procedures for the issuance of these medals to Chairperson, Merchant 
Marine Awards Committee, Office of Maritime Labor, Training and Safety, 
Maritime Administration, U.S. Department of Transportation, Washington, 
DC 20590.


Sec. 350.3   Other original recognition of service.

    Under the provision of Pub. L. 100-324, the Administrator has the 
authority to review original applications for the following 
decorations:
    (a) World War II Service.
    (1) Merchant Marine Emblem, awarded to merchant seamen for service 
during World War II from the period December 7, 1941 to July 25, 1947;
    (2) Victory Medal, awarded to merchant seamen who served as members 
of the crews of ships for 30 days or more during the period December 7, 
1941 to September 3, 1945;
    (3) Honorable Service Button, awarded to merchant seamen who served 
as members of the crews of ships for 30 days or more during the period 
December 7, 1941 to September 3, 1945;
    (4) Mariner's Medal, awarded to merchant seamen who, while serving 
on a ship from December 7, 1941 to July 25, 1947, were wounded or 
suffered physical injury as a result of an act of an enemy of the 
United States;
    (5) Merchant Marine Combat Bar, awarded to merchant seamen who 
served on a ship which, at the time of such service, was attacked or 
damaged by an instrumentality of war, from December 7, 1941 to July 25, 
1947. A star is attached if the seaman was forced to abandon ship. For 
each additional abandonment, a star is added;
    (6) Merchant Marine Defense Bar and Medal, awarded to merchant 
seamen who served on merchant vessels between September 8, 1939 to 
December 7, 1941;
    (7) Atlantic War Zone Bar and Medal, awarded to merchant seamen who 
served in the Atlantic War Zone, including the North Atlantic, South 
Atlantic, Gulf of Mexico, Caribbean, Barents Sea, and the Greenland 
Sea, between December 7, 1941 and November 8, 1945;
    (8) Mediterranean-Middle East War Zone Bar and Medal, awarded to 
merchant seamen who served in the zone including the Mediterranean Sea, 
Red Sea, Arabian Sea, and Indian Ocean west of 80 degrees east 
longitude, between December 7, 1941 and November 8, 1945;
    (9) Pacific War Zone Bar and Medal, awarded to merchant seamen who 
served in the Pacific War Zone, including the North Pacific, South 
Pacific, and the Indian Ocean east of 80 degrees east longitude, during 
the period December 7, 1941 to March 2, l946;
    (10) Presidential Testimonial Letter, signed by President Harry S 
Truman, to all active merchant seamen who sailed during World War II;
    (11) Philippine Defense Ribbon, awarded to merchant seamen who 
served as members of crews of ships in Philippine waters, for not less 
than 30 days, from December 8, 1941 to June 15, 1942;
    (12) Philippine Liberation Ribbon, awarded to merchant seamen who 
served as members of crews of ships in Philippine Waters for not less 
than 30 days from October 17, 1944 to September 3, 1945;
    (b) Korean Conflict Service. Korean Service bar and medal for 
merchant seamen who served in waters adjacent to Korea during the 
Korean Conflict, between June 30, 1950 and September 30, 1953.
    (c) Service in the Vietnam Conflict. Vietnam Service bar and medal 
awarded to merchant seamen who served in waters adjacent to Vietnam 
between July 4, 1965 and August 15, 1973.
    (d) Operations DESERT SHIELD AND DESERT STORM. The Merchant Marine 
Expeditionary Award, authorized on May 22, 1991, to those American 
merchant seamen who directly participated from August 2, 1990 to 
December 31, 1991 in the war zone designated by Executive Order 12744 
as ``the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, and that 
portion of the Arabian Sea that lies north of 10 degrees north latitude 
and west of 68 degrees east longitude.''


Sec. 350.4   Eligibility for awards.

    (a) World War II awards. Submission of the original applications 
for World War II merchant marine service awards to the Maritime 
Administration shall include:
    (1) A copy of seaman's DD Form 214, ``Certificate of Release or 
Discharge from Active Duty'' with continuation sheet, if provided. The 
DD Form 214 is required to verify merchant marine service on vessels 
during World War II. The application and instructions for applying for 
this document may be obtained from the Maritime Administration, Office 
of Maritime Labor, Training and Safety. If a seaman was not eligible 
for this discharge, the Maritime Administration will accept official 
documents, including ships' discharges;
    (2) A summary of World War II sailing history to include--
theater(s) of operation and ports of discharge; and
    (3) Book number or United States Maritime Service (USMS) number and 
World War II home address.
    (b) Korean and Vietnam Awards. Applicants for the Korean Service 
bar and medal, Vietnam Service bar and medal and the Merchant Marine 
Expeditionary Award shall provide copies of the ship(s) discharge(s) 
for the appropriate voyages. All awardees will be given an appropriate 
certification card or certificate for their awards.
    (c) The information establishing eligibility, along with a written 
request, shall be directed to Office of Maritime Labor, Training & 
Safety, Maritime Administration, Washington, DC 20590, Attention: 
Merchant Marine Awards.
    (d) MARAD has entered into agreements with vendors to supply the 
medals and decorations to eligible mariners at cost. After reviewing 
applications, MARAD will instruct eligible mariners to submit their 
orders for the medals and decorations to the following vendors.

OWNCO Marketing, 1705 SW. Taylor Street, Portland, OR 97205, (503) 
226-3841
PIECES OF HISTORY, P.O. Box 4470, Cave Creek, AZ 85331, (602) 488-
1377, (602) 488-1316 (FAX)
THE QUARTERMASTER UNIFORM COMPANY, P.O. Box 829, 750 Long Beach 
Blvd., Long Beach, CA 90801-0829, 800-444-8643 Toll Free 7:00 AM--
7:00 PM
SHIP'S SERVICE STORE, United States Merchant Marine Academy, Kings 
Point, NY 11024, (516) 773-5000 ext. 5229
VANGUARD MILITARY EQUIPMENT CORP., 41-45 39th Street, Sunnyside, NY 
11104, Toll Free 1-800-221-1264
VANGUARD INDUSTRIES WEST, 6155 Conte Del Cedro, Carlsbad, CA 92009, 
Toll Free 1-800-433-1334
PAST GLORY COMPANY, P.O. Box 4470, Alexandria, VA 22302, (703) 491-
7544


[[Page 49806]]

    (e) Compliance with the procedure set forth in paragraph (a) of 
this section is required when purchasing a replacement. Certification 
cards need not be presented to the authorized vendors in order to 
purchase the bars. The possession or display, including the wearing of 
any Merchant Marine decoration by other than authorized personnel is 
prohibited by law and subject to fine and imprisonment.


Sec. 350.5   Replacement decoration.

    The following decorations that have been previously issued may be 
replaced at cost upon written request made to the Office of Maritime 
Labor, Training and Safety:
    (a) Distinguished Service Medal.
    (b) Meritorious Service Medal.
    (c) Mariner's Medal.
    (d) Gallant Ship Unit Citation Bar.
    (e) Presidential Testimonial Letter (no cost for replacement).


Sec. 350.6   Unauthorized sale, manufacture, possession or display.

    The sale, manufacture, possession or display of any Merchant Marine 
decoration, or colorable imitations thereof, by anyone other than an 
authorized vendor is prohibited by law and subject to fine and 
imprisonment.


Sec. 350.7   Special certificate of recognition.

    The Maritime Administration is authorized to issue a special 
certificate of recognition of service to an individual, or the personal 
representative of an individual, whose service in the U.S. Merchant 
Marine has been determined to be active duty under an earlier Act of 
Congress (Pub. L. 95-202). The issuance of this certificate to any 
individual does not entitle that individual to any rights, privileges 
or benefits under any law of the United States.

    By order of the Maritime Administrator.

    Dated: September 22, 1995.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 95-23987 Filed 9-26-95; 8:45 am]
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