Seamen's Service Awards

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 It repealed the Act of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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