[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Pages 44438-44439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21194]



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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 310

RIN 2133-AB22
[Docket No. R-161]


Merchant Marine Training

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Maritime Administration (MARAD) is amending its 
regulations for the admission and training of midshipman at the United 
States Merchant Marine Academy to conform them to changes in the law. 
The amendments are with respect to the nomination and admission to the 
Academy of persons from American Samoa and Panama and the authority of 
the Secretary of Transportation to recover from graduates of the 
Academy costs of their education if they fail to fulfill certain 
conditions of their service obligations.

EFFECTIVE DATE: August 28, 1995.

FOR FURTHER INFORMATION CONTACT: Crawford Ellerbe, Academy Program 
Analyst, Office of Maritime Labor and Training, Maritime 
Administration, Department of Transportation, 400 Seventh Street SW., 
Room 7302, Washington, DC 20590, Telephone: (202) 366-2643.

SUPPLEMENTARY INFORMATION:This rulemaking amends MARAD regulations 
applicable to the U.S. Merchant Marine Academy (USMMA) to implement 
provisions of Pub.L. 101-595, as follows: (1) It recognizes that there 
is now a Delegate to the House of Representatives from American Samoa 
who may appoint persons to the Academy. Previously, the Governor of 
American Samoa had been authorized to appoint persons to the Academy 
until a delegate to the House of Representatives from American Samoa 
took office. (2) It reflects the added authority of the Secretary of 
Transportation (Secretary) to exercise discretion to recover from USMMA 
graduates the Federal Government's costs for their education if they 
fail to fulfill certain conditions of their service obligation. 
Previously, the only consequence of a breach of contract by USMMA 
graduates was that they be ordered to active military service. (3) It 
also recognizes the authority of the Secretary of Transportation to 
allow an unlimited number of Panamanians to be admitted to the Academy 
on a reimbursable basis. Previously, the Secretary had been limited to 
allowing six appointments annually, on a reimbursable basis.

Rulemaking Analysis and Notices

Executive Order 12866 (Federal 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 it 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 since this rule 
provides for regulatory costs that are allowed by statute, within the 
discretion of the Secretary of Transportation.
    MARAD has determined that this rulemaking presents no substantive 
issue which it could reasonably expect would produce meaningful public 
comment since it merely recognizes changes in the law with respect to 
the nomination process for the USMMA and the discretion granted to the 
Secretary to recover costs of education at the USMMA from persons who 
did not fulfill their service obligations. 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 it has been 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 no reporting requirement that is subject 
to OMB approval under 5 CFR part 1320, pursuant to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501, et seq.).

List of Subjects in 46 CFR Part 310

    Education, Grant programs, Seamen.

PART 310--MERCHANT MARINE TRAINING  [AMENDED]

    Accordingly, MARAD hereby amends 46 CFR part 310, subpart C as 
follows:
    1. The authority citation continues to read as follows:

    Authority: Secs. 204(b), 1301-1308, Merchant Marine Act, 1936, 
as amended, (46 App. U.S.C. 1114(b), 1295-1295g); 49 CFR 1.66.


Sec. 310.53  [Amended]

    2. Section 310.53(a) is amended as follows:
    a. In paragraph (a)(1) by removing the text beginning with the 
words, ``the Governor of American Samoa'', preceding the word ``may'', 
and inserting in lieu thereof the words, ``the Delegate to the House of 
Representatives from American Samoa.''
    b. In paragraph (a)(2) in the table by amending the entry for 
American Samoa by revising the entry under the heading ``To be 
nominated by--'' to read ``The Delegate to the House of Representatives 
representing American Samoa.''


Sec. 310.58  [Amended]

    3. Section 310.58 is amended in paragraph (e)(2) by adding at the 
end thereof the following sentence. ``If the Secretary of Defense is 
unable or unwilling to order an individual to active duty, the 
Secretary of Transportation may recover from the individual the cost of 
education provided by the Federal Government by requesting the Attorney 
General to begin court proceedings to recover the costs of that 
education.''

[[Page 44439]]



Sec. 310.66  [Amended]

    4. Section 310.66 is amended in paragraph (c) by adding at the end 
thereof the following sentence: ``The Secretary may allow, upon 
approval of the Secretary of State, additional individuals from the 
Republic of Panama to receive instruction at the Academy on a 
reimbursable basis.''

    Dated: August 22, 1995.

    By Order of the Maritime Administrator.
Joel Richard,
Secretary, Maritime Administration.
[FR Doc. 95-21194 Filed 8-25-95; 8:45 am]
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