[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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