[Federal Register Volume 69, Number 98 (Thursday, May 20, 2004)]
[Rules and Regulations]
[Pages 29079-29081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11319]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 310

[Docket No. MARAD 2004-17759]
RIN 2133-AB58


Deferment of Service Obligations of Midshipmen Recipients of 
Scholarships or Fellowships

AGENCY: Maritime Administration, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Maritime Administration (MARAD, we, us, or our) is 
amending its regulations so that the Maritime Administrator's authority 
to defer service obligations of United States Merchant Marine Academy 
(USMMA) midshipmen recipients of scholarships or fellowships of 
national significance is not conditioned on enrollment in postgraduate 
marine or maritime-related courses of study.

DATES: This interim final rule is effective on May 20, 2004. However, 
MARAD will consider comments received not later than June 21, 2004.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
MARAD 2004-17759] by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 7th St., SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 7th St., SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notices.

[[Page 29080]]

    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 7th St., SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Rita Jackson, Academies Program 
Officer, Office of Policy and Plans, Maritime Administration, 
Department of Transportation, 400 7th St., SW., Room 7302, Washington, 
DC 20590; telephone: (202) 366-0284.

SUPPLEMENTARY INFORMATION: 46 App. U.S.C. 1295b(e)(5) states that the 
Maritime Administrator, relying on a delegation of authority from the 
Secretary may defer the service obligation of any student graduating 
from the USMMA for up to two years provided that student is enrolled in 
an approved course of study.
    46 CFR 310.58(g) states that the Maritime Administrator may grant a 
deferment of a service obligation contract, for up to two years only 
for graduate students enrolled in a marine or maritime-related graduate 
course of study approved by the Administrator.
    The differences in the terms of 46 App. U.S.C. 1295b(e)(5) and 46 
CFR 310.58 may hinder midshipmen with superior credentials from 
pursuing postgraduate scholarships and fellowships. Specifically, since 
service obligations may be deferred only if postgraduate course work 
involves a marine or maritime-related course of study, graduate studies 
are limited.
    The Administrator's discretion to defer the service obligations of 
USMMA midshipmen recipients of scholarships is not limited by the U.S. 
Code. Therefore, we are amending 46 CFR 310.58(g) to reflect the terms 
of 46 App. U.S.C. 1295b(e)(5) so that the amended regulation will not 
condition the Administrator's ability to defer the service obligations 
of recipients of scholarships and fellowships of national significance 
on enrollment in a marine or maritime-related course of study.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), and Department 
of Transportation (DOT) Regulatory Policies and Procedures

    This interim final rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866, and therefore, was 
not reviewed by the Office of Management and Budget. This interim final 
rule is not likely to result in an annual effect on the economy of $100 
million or more. This interim final rule is also not significant under 
the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034, February 26, 1979). The costs and overall 
economic impact of this rulemaking are so minimal that no further 
analysis is necessary.

Administrative Procedure Act

    The Administrative Procedure Act (5 U.S.C. 553) provides an 
exception to notice and comment procedures when they are unnecessary or 
contrary to the public interest. MARAD finds that under 5 U.S.C. 
553(b)(3)(B) good cause exists for not providing notice and comment 
since this interim final rule only expands the subject area of courses 
of study that may be approved by the Maritime Administrator. 
Accordingly, opportunity for public comment is unnecessary. However, we 
are requesting public comment on this interim final rule. Under 5 
U.S.C. 553(d)(3), MARAD finds that, for the same reason listed above, 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

Federalism

    We analyzed this interim final rule in accordance with the 
principles and criteria contained in E.O. 13132 (``Federalism'') and 
have determined that it does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement. The regulations have no substantial effects on the States, 
the current Federal-State relationship, or the current distribution of 
power and responsibilities among the various local officials. 
Therefore, consultation with State and local officials was not 
necessary.

Regulatory Flexibility

    The Maritime Administrator certifies that this interim final rule 
will not have a significant economic impact on a substantial number of 
small entities. This interim final rule merely broadens the area of 
consideration for courses of study that may allow deferred service 
obligations.

Executive Order 13175

    MARAD does not believe that this interim final rule will 
significantly or uniquely affect the communities of Indian tribal 
governments when analyzed under the principles and criteria contained 
in Executive Order 13175 (Consultation and Coordination with Indian 
Tribal Governments). Therefore, the funding and consultation 
requirements of this Executive Order do not apply.

Environmental Assessment

    We have analyzed this interim final rule for purposes of compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and have concluded that under the categorical exclusions 
provision in section 4.05 of Maritime Administrative Order (MAO) 600-1, 
``Procedures for Considering Environmental Impacts,'' 50 FR 11606 
(March 22, 1985), neither the preparation of an Environmental 
Assessment, an Environmental Impact Statement, nor a Finding of No 
Significant Impact for this rulemaking is required. This rulemaking has 
no environmental impact.

Paperwork Reduction Act

    This rulemaking contains no new or amended information collection 
or recordkeeping requirements that have been approved or require 
approval by the Office of Management and Budget.

Unfunded Mandates Reform Act of 1995

    This interim final rule will not impose an unfunded mandate under 
the Unfunded Mandates Reform Act of 1995. It will not result in costs 
of $100 million or more, in the aggregate, to any of the following: 
State, local, or Native American tribal governments, or the private 
sector. This interim final rule is the least burdensome alternative 
that achieves the objective of U.S. policy.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (volume 65, number 70, pages 19477-78), or you may visit 
http://dms.dot.gov.

List of Subjects in 46 CFR Part 310

    Grant-programs-education, Reporting and recordkeeping requirements, 
Schools, Seamen.


0
Accordingly, 46 CFR part 310 is amended as follows:

PART 310--MERCHANT MARINE TRAINING

0
1. The authority citation for part 310 continues to read as follows:


    Authority: 46 App. U.S.C. 1295; 49 CFR 1.66.

[[Page 29081]]


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2. In Sec.  310.58, revise paragraph (g) to read as follows:


Sec.  310.58  Service obligation for students enrolled after April 1, 
1982.

* * * * *
    (g) Deferments. In exceptional cases, the Administration may grant 
a deferment of all or part of the agreement under paragraph (a)(5) of 
this section and the service obligation contract, for a period not to 
exceed 2 years, only for graduates considered to have superior academic 
and conduct records while at the Academy and only for the purpose of 
entering a marine or maritime-related graduate course of study approved 
by the Administrator or for the purpose of pursuing studies as 
recipients of scholarships or fellowships of national significance; 
Provided, that any deferment of service as a commissioned officer under 
paragraph (a)(5)(iii) of this section and the service obligation 
contract shall be subject to the sole approval of the Secretary of the 
department which has jurisdiction over such service (including the 
Secretary of the department in which the U.S. Coast Guard is operating 
and the Secretary of Commerce with respect to NOAA). A graduate shall 
make application for such deferment through the Superintendent of the 
Academy, who shall forward each application, together with the 
Superintendent's recommendation for approval or disapproval and an 
evaluation of the applicant's academic and conduct records, to the 
Academies Program Officer, Maritime Administration, Office of Policy 
and Plans, NASSIF Building, 400 7th St., SW., Washington, DC 20590 for 
appropriate action.

    Dated: May 13, 2004.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 04-11319 Filed 5-19-04; 8:45 am]
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