SUBCHAPTER H—TRAINING

PART 310—MERCHANT MARINE Subpart A—Regulations and Min- TRAINING imum Standards for State, Ter- ritorial or Regional Maritime Subpart A—Regulations and Minimum Academies and Colleges Standards for State, Territorial or Re- gional Maritime Academies and Col- § 310.1 Definitions. leges For purposes of this subpart A: Sec. (a) The 1958 Act means the Maritime 310.1 Definitions. Academy Act of 1958, Pub. L. 85–672. 310.2 Federal assistance. (b) Act means the Maritime Edu- 310.3 Schools and courses. cation and Training Act of 1980, Pub. L. 310.4 Training Ship. 96–453, as amended. 310.5 Personnel. (c) Administration means the Mari- 310.6 Entrance requirements. time Administration, United States 310.7 Federal student subsistence allow- Department of Transportation. ances and student incentive payments. (d) Agreement means an agreement 310.8 Leave. between a State, or Territorial or Re- 310.9 Medical attention and injury claims. 310.10 Discipline and dismissal. gional maritime academy or college 310.11 Cadet uniforms. and the Maritime Administrator, De- 310.12 Scope and effect. partment of Transportation as author- 310.12–1 Form of agreement. ized by the 1958 Act or the Act and set forth in § 310.13 of this part. Subpart B [Reserved] (e) Secretary means Secretary of Transportation. Subpart C—Admission and Training of Mid- (f) Maritime Administrator means the shipmen at the United States Merchant Maritime Administrator, Department Marine Academy of Transportation. 310.50 Purpose. (g) Cadet means cadet enrolled in the 310.51 Definitions. United States Maritime Service and in 310.52 General. good standing at a State or Territorial 310.53 Nominations and vacancies. or Regional maritime academy or col- 310.54 General requirements for eligibility. lege meeting the requirements of the 310.55 Scholastic requirements. 1958 Act. 310.56 Physical requirements. (h) Commanding Officer means the 310.57 Application and selection of mid- Commanding Officer of a training ship shipmen. furnished by the Administration. 310.58 Service obligation for students exe- (i) Cost of Education Provided means cuting or reexecuting contracts. the financial costs incurred by the Fed- 310.59 Courses of instruction. eral Government in providing student 310.60 Training on subsidized vessels. incentive payments for students at the 310.61 Training on other vessels and by State maritime academies. other facilities or agencies. 310.62 Allowances and expenses; required de- (j) Deputy means the Deputy Mari- posit. time Administrator, Department of 310.63 Uniforms and textbooks. Transportation. 310.64 Privileges. (k) Maritime Service means the United 310.65 Graduation. States Maritime Service. 310.66 Foreign students. (l) Midshipman means a student in 310.67 Academy regulations. good standing at a State maritime AUTHORITY: 46 App. U.S.C. 1295; 49 CFR 1.66. academy or college who has accepted midshipman status in the United SOURCE: 46 FR 37694, July 22, 1981, unless States Naval Reserve (including the otherwise noted. Merchant Marine Reserve, United States Naval Reserve) under the Act.

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(m) Officers means all officers and State or Territory of the United States faculty employed by a State maritime for use as a Training Ship by a school academy or college. any suitable vessel that is under his or (n) Region Director means the Direc- her jurisdiction, obtain such vessel tor of the Administration’s region of- from any department or agency of the fice in which a School is located or in United States, or may construct and which a training ship is located. furnish a suitable vessel, if such vessel (o) School means State or Territorial is not available. or regional maritime academy or col- (c) The Maritime Administrator may lege meeting the requirements of the pay to any School the amount of the Act. costs of all fuel consumed by a Train- (p) Superintendent means the super- ing Ship furnished under the provisions intendent or president of a School. of section 1304(c)(1) of the Act while (q) Supervisor means the employee of such vessel is being used for training the Administration designated to su- purposes by such a School, if such pervise the Federal Government’s in- funds have been appropriated and are terest in a School under the provisions available for that purpose. of the Act, an agreement, and this sub- (d) As a condition to receiving any part. payments or the use of any Training (r) Training Ship means a vessel used Ship under the provisions of the Act, for training by a school and furnished the school shall comply with the re- by the Administration to a State or quirements of the Act and this subpart Territory, and includes the ship itself and shall agree in writing to conform and all its equipment, apparel, appli- to such requirements. ances, machinery boilers, spare and re- (e) As a further condition to receiv- placement parts and other property ing any payments or the use of any contained in it. Training Ship, a School shall agree [46 FR 37694, July 22, 1981, as amended at 69 that, with respect to the training pro- FR 31901, June 8, 2004] gram for merchant marine officers, consistent with provisions of the Act, § 310.2 Federal assistance. the 1958 Act, and the Agreement, it will (a) The Maritime Administrator may comply with the following provisions of enter into agreements with the present law and implementing regulations duly or later established schools (not more promulgated thereunder, to the extent than one such school in each State or applicable, including, but not limited Territory) meeting the requirements of to: Title VI, Civil Rights Act, 1964 (42 the Act to make annual payments, for U.S.C. 2000d); the Age Discrimination not in excess of four (4) years in the Act of 1975 (42 U.S.C. 6101); the Voca- case of each such agreement, to be used tional Rehabilitation Act—section 504 for the maintenance and support of (29 U.S.C. 794); and 15 CFR part 8. Each such Schools. The amount of each such school shall give assurances that it will annual payment shall be not less than take any and all measures necessary to the amount furnished to such School effectuate compliance. for its maintenance and support by the State or Territory in which such acad- § 310.3 Schools and courses. emy is located or, in the case of a Re- (a) Schools with Federal aid. The fol- gional maritime academy an amount lowing schools are presently operating equal to the amount furnished to such with Federal aid under the 1958 Act or academy for its maintenance and sup- the Act: port by all States or Territories, r California Maritime Academy both, cooperating to support such Maine Maritime Academy School, but shall not exceed $100,000. Massachusetts Maritime Academy However, the amount shall not exceed State University of New York Maritime Col- $25,000, if such academy does not meet lege the requirements of subsection Texas Maritime College of the Texas A&M 1304(f)(2) of the Act. University at Galveston (b) Pursuant to the provisions of sec- The Great Lakes Maritime Academy tion 1304(c) of the Act, The Maritime (b) General rules for operation of a Administrator, may furnish to any School. (1) The Schools shall maintain

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adequate berthing, messing and class- disenrollments, graduations, and other room instruction facilities ashore, or data concerning cadets and Mid- have plans to establish same at the shipmen shall be kept by each school earliest possible time, unless prevented for the period of enrollment plus one from doing so by conditions beyond the year. Copies of these records shall be control of the School. During a period furnished to the Supervisor upon re- a school is implementing an approved quest. plan, Cadets may be housed and in- (8) The Administration may include structed on a Training Ship. However, in any pamphlets, brochures or other the approved plan may include the on- public information materials an ade- going use of the Training Ship as an in- quate description of each School giving structional and laboratory facility and the reader knowledge of the existence for the berthing of entering class ca- dets for a period not to exceed six of the School, its purposes and where months for purposes of shipboard in- to obtain application forms and further doctrination. information. (2) The School shall arrange for the (c) Curriculum. (1) The minimum pe- Cadet or Midshipman to take the riod of training shall be three (3) years. United States Coast Guard original li- For the Cadets and Midshipmen at the censing examination prior to the date schools located in California, Maine, of graduation. Massachusetts, New York and Texas at (3) As a condition to receiving pay- least six (6) months of the total time ments of any amount allowable by the must be aboard a Training Ship in 1958 Act and the Act in excess of $25,000 cruise status. A maximum of two (2) for any year, a School shall agree to months of training time aboard com- admit student residents of other States mercial vessels of not less than 2,500 to the extent of at least ten percent horsepower may be substituted for two (10%) of each entering class, if such (2) months of the specified cruise time. out-of-State students apply for admis- For the cadets at the Great Lakes Mar- sion and are otherwise qualified for itime Academy, six (6) months of the such admission. The calculation of time shall be aboard Great Lakes com- residents of other States shall exclude mercial vessels and an additional three residents of foreign countries, but shall (3) months shall be aboard either a include residents of Territories and Training Ship in a cruise status or possessions of the United States (in- Great Lakes commercial vessels while cluding the Commonwealth of Puerto Rico). underway. Cadets in training status (4) Upon the request of the Adminis- aboard commercial vessels shall sign tration a school shall furnish such re- on board as cadets and shall pursue ports and estimates as may be required their training within the framework of in the preparation of Federal Budget formal sea projects prepared and mon- estimates. itored by their respective Schools. (5) State authorities shall prescribe (2) State authorities shall prescribe and administer rules and regulations and be responsible for the courses of in- for the internal organization and ad- struction and general system of train- ministration of each School. ing and the addition of such reasonable (6) The Administration shall have the maritime courses as may be prescribed right to inspect shore base facilities at by Federal authorities, subject to ap- all reasonable times. proval by the Maritime Administrator. (7) Records pertaining to a School, The curriculum as a composite shall, its officers, crew, Cadets, the Training as a minimum, meet the requirements Ship, and shore base, shall be main- set out in the Federal Curriculum tained by each School and shall be Standards for Merchant Marine Offi- available to the Supervisor upon re- cers Training Program. quest. A detailed record of applications (3) Copies of the Federal Curriculum for admissions, enrollments, reenroll- Standards for Merchant Marine Offi- ments, absences with or without leave, hospitalizations, determinations of stu- cers Training Program at the State dents not in good standing, maritime academies may be obtained

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from the Maritime Administration, Of- Training Ship and any contemplated fice of Policy and Plans, 400 Seventh change of berth. Street, SW, Washington, DC 20590. (5) The following notice shall be post- (Sec. 204(b), Merchant Marine Act, 1936, as ed conspicuously aboard each Training amended (46 U.S.C. 1114(b)); Pub. L. 97–31 Ship furnished to a State for use by a (August 6, 1981); 49 CFR 1.66 (46 FR 47458, School: Sept. 28, 1981)) This training ship is the property of [46 FR 37694, July 22, 1981, as amended at 49 the United States of America. It is fur- FR 13365, Apr. 4, 1984; 69 FR 31901, June 8, nished to the State of llll by the 2004] Department of Transportation, Mari- time Administration, for the purpose of § 310.4 Training Ship. training young men and women to be- The Administration may furnish a come officers in the merchant marine Training Ship, if such is available, to of the United States. Neither the any School. Training Ships which may State, the Commanding Officer, nor be designated for use by a School will any other person has any right, power be delivered to the School at a location or authority to create, incur or permit determined by the Administration, in to be imposed upon this vessel, any lien condition found to be in class by the whatever. American Bureau of Shipping and cer- (6) No changes requiring U.S. Coast tificated by the U.S. Coast Guard. If a Guard approval shall be made to the Training Ship is not available, ade- Training Ship without the written ap- quate cruising facilities shall be the re- proval of the Administration. sponsibility of the State and its (7) In the event of the termination of School. The furnishing of a Training the use of a Training Ship by the State Ship shall be subject to the following or by the Maritime Administrator, the terms and conditions: State shall return to the State base (a) General provisions. (1) The State, port, the Training Ship and all prop- acting through the School shall exer- erty whatsoever owned by the Adminis- cise reasonable care to safeguard the tration. Title to all additions, replace- interests of the Administration and ments, and renewals made by the State avoid (i) injury to any person aboard shall vest in the Administration with- the Training Ship, and (ii) loss and out charge. damage of every nature with respect to (b) Termination of use. The Maritime the Training Ship. Also, the school Administrator may terminate the use shall have reasonable layup procedures of a Training Ship upon such reason- during noncruise status of the Training able notice to the State as the cir- Ship. cumstances may permit in the judg- (2) Excerpts from log books and re- ment of the Maritime Administrator. If ports shall be submitted as directed by use of the Training Ship is terminated the Supervisor. by the Maritime Administrator, the (3) Initial telegraphic or telephonic Maritime Administrator may: reports shall be made promptly to the (1) Substitute another Training Ship; Supervisor and the appropriate Region (2) Require the sharing of a Training Director in the event of an accident Ship by two or more Schools; or causing (i) serious injury to any per- (3) Cooperate with the School in ar- son, or to the Training Ship, or (ii) ranging for training time aboard com- damage inflicted by the Training Ship mercial vessels for its Cadets and Mid- upon any other ship or other property. shipmen. Such reports shall be followed by com- (c) Property aboard the Training Ship. plete written details of the occurrence. The State shall have the complete use (4) The Supervisor shall determine of a Training Ship as defined, subject whether or not the berth of the Train- to the following terms and conditions: ing Ship at the base in its home port is (1) All property, or its equivalent fur- suitable from the standpoint of safe nished by the Administration, shall be mooring. When the Training Ship is returned to the Administration when not on cruise, the Commanding Officer use of the Training Ship is terminated. or Superintendent shall keep the Su- The only exceptions are: spare and re- pervisor informed of the location of the placement parts consumed; and losses

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due to ordinary wear and tear, un- (ii) Repairs which need not be carried avoidable accident and perils of the out during the annual overhaul period sea. All other property otherwise lost shall be made by the Cadets or Mid- or destroyed shall be replaced at the shipmen, if possible, under the super- expense of the State. vision of the officers. When repair ma- (2) Administration property shall not terial is required for this purpose, the be permanently removed from the Commanding Officer or Superintendent Training Ship to the shore base with- shall forward to the Supervisor a list of out the prior written approval of the such material and estimated costs, and Supervisor. a description of the repairs to be car- (3) The administration shall take in- ried out by the Cadets or Midshipmen. ventories of State and Federal property The Supervisor shall promptly advise aboard the Training Ship at such times the Commanding Officer or Super- as it deems necessary. The school, at intendent whether or not such work its expense, shall furnish such assist- comes under the heading of repairs, ance as may be necessary in taking and if procurement of the material is such inventories. authorized. (d) Condition surveys. Before a Train- (iii) Requisitions covering repairs, re- ing Ship is released to a School and newals, and betterments shall be pre- manned by officers under State con- pared in quintuplicate by the heads of trol, a condition survey shall be made departments of the Training Ship and by duly authorized representatives of submitted by the Commanding Officer the School and the Administration. If or Superintendent to the Supervisor at the Training Ship is found in order, the least forty-five (45) days before the School representative shall sign a re- date of the annual overhaul, with one ceipt for the Training Ship. Subse- copy to the Region Director. quently, after due notice to the State (iv) The State is authorized to expend authorities, a condition survey may be not to exceed $5,000 for emergency re- made of the Training Ship whenever pairs which become necessary while deemed advisable by the Administra- the Training Ship is on foreign cruise. tion, and, in any event, upon redelivery The Administration shall reimburse of the Training Ship by the State to the State upon submission of vouchers the Administration. to, and approval by, the Maritime Ad- (e) Maintenance and repairs—(1) Ad- ministrator. To obtain reimbursement ministration payment. A Training Ship for emergency repairs estimated to shall be maintained in good repair by cost in excess of $5,000, authorization the Secretary as provided by the 1958 must be obtained by the State from the Act and the Act. Expenses for repairs, Supervisor prior to undertaking such changes and alterations, repairs to eq- repairs. The Commanding Officer shall uipage and replacements of equipage in be responsible for all necessary filings accordance with the Administration’s with the United States Customs Serv- approved allowance lists for the Train- ice to avoid duties upon all emergency ing Ship (i.e. authorized under the Act repairs performed outside the United and to the extent that funds are avail- States. If penalties are imposed, for able), shall be borne by the Adminis- non-filing or improper filing, they shall tration under the following terms and be solely the responsibility of the conditions: State. (i) When it is necessary to repair or (2) State payment. Except as otherwise drydock the Training Ship because of provided in this section, the State damage (except in an emergency, when shall, at its own expense, accomplish on foreign cruise), the Commanding Of- the following: ficer or Superintendent shall notify the (i) Undertake usual preventive main- Supervisor and appropriate Region Di- tenance of the Training Ship, adhere to rector by telephone or telegraph in minimum levels of preventive mainte- order to enable a representative of the nance as prescribed by the Administra- Region Director, if available, to be tion, and keep the Training Ship clean present, when the survey of the damage and painted, above the waterline ac- is made. cording to good maritime practices.

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(ii) Cause the Training Ship to be fu- formation on the appointee for infor- migated if required by the Administra- mational purposes. tion and forward to the Supervisor a (2) The State shall appoint faculty copy of the fumigation certificate. members in disciplines other than en- (iii) Pay for all consumable stores, gineering and navigation on the basis freshwater and costs incidental to the of the same criteria used in the em- operation of the Training Ship. ployment of such personnel in State- (iv) Pay for fuel of the training ship supported colleges and universities except that the Administration may throughout the State. Faculty mem- assist in paying the cost of fuel con- bers in navigation and engineering sumed on the Training Ship while courses, including steam and diesel, being used for training purposes if shall meet appropriate academic and funds are appropriated and available practical experience standards adopted for such purposes. by the school and approved by the Ad- (f) Cruises. The school shall submit ministration. the cruise itinerary of the Training (b) Personnel for Training Ships—(1) Ship including a listing of foreign ports Commanding Officer. The Commanding to be visited, for approval of the Super- Officer shall hold a valid Master’s visor at least sixty (60) days in advance Ocean, Unlimited Tonnage license in- of the date such cruise is scheduled to cluding Radar Observer endorsement begin. The Supervisor shall arrange issued by the United States Coast with the Department of State for clear- Guard and shall have served at least ance of the Training Ship to visit for- two (2) years as Master, Chief Officer, eign ports. Commanding Officer, or Executive Offi- (g) Hospitalization. The School shall cer either (i) on oceangoing vessels be responsible for all medical treat- under the authority of said Master’s ment and hospitalization of all persons Ocean, Unlimited Tonnage license, or aboard the Training Ship at all times, (ii) in the case of sea service as a mem- including officers and Cadets and Mid- ber of the Uniformed Services of the shipmen. If available, facilities of the United States Public Health Service United States, on ships accepted by the should be utilized. United States Coast Guard as equiva- (h) Repatriation and return to home lent for qualifying service for issue of a port. The School shall be responsible Master’s Ocean, Unlimited Tonnage li- for the return to the home port of the cense. Training Ship of all persons, including (2) Chief Engineer. The Chief Engineer officers and Cadets and Midshipmen, must hold a valid Chief Engineer’s who originally embarked on a training (Steam) Ocean, Unlimited Horsepower cruise from a Continental United license, issued by the United States States port and who are left behind, Coast Guard and have served as Chief after the departure of the Training Engineer of an oceangoing steamship of Ship from any port, foreign or domes- comparable horsepower to that of the tic, or are to be brought home from the particular Training Ship. ship at any time or for any reason. The (3) Watch Officers. Both Deck and En- School shall be solely responsible for gineer Watch Officers in charge of a all expenses of repatriation and return watch, underway, shall hold valid to home port. Ocean, Unlimited Tonnage licenses, issued by the United States Coast § 310.5 Personnel. Guard, in their particular field. (a) Selection and appointment of Super- (4) Radio Officers. During each train- intendent and faculty by State authori- ing cruise the Training Ship shall have ties. (1) The State shall select and ap- assigned one or more radio officers point the Superintendent of a School in holding a valid license issued by the accordance with qualifications estab- United States Coast Guard, in accord- lished by appropriate State authori- ance with its regulations. ties. The State shall notify the Mari- (5) Licensed Engineer. When a Train- time Administrator whenever a new ing Ship boiler is in operation, there Superintendent is appointed and fur- shall be a Licensed Engineer qualified nished with appropriate background in- to stand the watch aboard at all times.

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(c) Insignia for officers and other leges or universities under control of School personnel. The State may furnish the State in which the school is lo- insignia for officers and other school cated. personnel, other than officers of the (6) Meet requirements established by United States Navy, United States the school in regard to such criteria as Naval Reserve, United States Maritime the individual’s secondary school Service and United States Coast Guard. grades, rank in graduating class, apti- (Approved by the Office of Management and tude, achievement, and qualities of Budget under control number 2133–0010) leadership. (Sec. 204(b), Merchant Marine Act, 1936, as (b) Enrollment on or after April 1, 1982. amended (46 U.S.C. 1114(b)); Pub. L. 97–31 A candidate for admission to a school (August 6, 1981); 49 CFR 1.66 (46 FR 47458, who wishes to be considered for the Sept. 28, 1981)) Federal student incentive payments [46 FR 37694, July 22, 1981, as amended at 47 shall: FR 25530, June 14, 1982; 49 FR 13365, Apr. 4, (1) Meet the requirements of para- 1984] graphs (a) (1), (4), (5), and (6) of this § 310.6 Entrance requirements. section. (a) Enrollment prior to April 1, 1982. A (2) Be at least seventeen (17) years of candidate for admission to a school age and not have passed the twenty- who wishes to be considered for Federal fifth (25th) birthday on the day of en- student subsistence payments shall: rollment at a School. (1) Be a citizen of the United States. (3) Apply for, be offered, and have ac- (2) Be obligated to (i) complete the cepted midshipman status in the Naval Science curriculum (ii) take all United States Naval Reserve (including necessary and positive steps to obtain the Merchant Marine Reserve, United a commission as ensign in the United States Naval Reserve) and simulta- States Naval Reserve, (iii) apply before neously have applied and been accepted graduation for such commission, and for Enlisted Reserve status. (iv) accept such commission if offered. (4) Be obligated to complete the A breach of this agreement will result naval science curriculum. in termination of cadet status and of Federal student subsistence payments, [46 FR 37694, July 22, 1981, as amended at 48 and may lead to legal action for recov- FR 24080, May 31, 1983] ery of all past such payments. The re- quirements of this paragraph shall not § 310.7 Federal student subsistence al- apply at The Great Lakes Maritime lowances and student incentive Academy. payments. (3) Be obligated to sit for the appro- (a) Subsistence allowances—(1) Selec- priate licensing examination of the tion and allocation. In accordance with United States Coast Guard. A breach of the Administration’s established fresh- this agreement will result in termi- men subsidy allocation for each nation of cadet status and of Federal School, the school shall select the indi- student subsistence payments, and viduals in its new entering class who may lead to legal action for recovery of will be enrolled in the United States all past such payments. Maritime Service as cadets and start to (4) Meet the physical standards speci- receive Federal student subsistence fied by the United States Coast Guard for original licensing as a merchant payments for uniforms, textbooks and marine officer. The written certifi- subsistence as provided in the 1958 Act. cation of the Superintendent of the The freshman subsidy allocations for school, based on a physical examina- each school are as follows: California tion by a doctor, the results of which Maritime Academy 99; Maine Maritime are on record at the school, that a can- Academy 135; Massachusetts Maritime didate meets these requirements, will Academy 69; State University of New be acceptable to the Administration. York Maritime College 200; Great (5) Possess a secondary school edu- Lakes Maritime Academy 45; and the cation or equivalent, satisfactory for admission as an undergraduate, to col-

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Texas Maritime College 32. Each stu- have met the entrance requirements in dent who meets the entrance require- § 310.6. ments in § 310.6(a) and applies for en- (6) Certification procedure. All vouch- rollment in the United States Mari- ers submitted for payment shall con- time Service shall be entitled to con- tain a certification by the Super- sideration for a student subsistence intendent that the payment will be payment at a rate and under the condi- used to assist in defraying the cost of tions in the 1958 Act. The list identi- the uniforms, textbooks, and subsist- fying the selected students shall be for- ence of each Cadet on the basis of the warded to the Administration on or be- amount to which the cadet is entitled, fore October 31, 1981. The Federal stu- as reflected by the attached Daily At- dent subsistence payments will be paid tendance Report. No cadet shall receive to the School while a cadet is in at- a federal student subsistence payment tendance but not in excess of four (4) for any time during which he or she is academic years for any one student. absent without leave or for absence due (2) Resignation or disenrollment. There to a condition not in line of duty, or will be no substitution for students re- when determined by the School to be moved or dropped from the list of those not in good standing. originally receiving Federal student (7) Insufficient appropriations. If it ap- subsistence payments. Subsidized stu- pears that the amount appropriated by dents who resign or are disenrolled Congress under the Act shall not be from a school shall not, on subsequent sufficient to make payments at the reenrollment, be in a position to re- maximum rate, not in excess of $1,200 claim their subsidy status. per academic year per cadet, the Mari- (3) Selection criteria; rate of payment. time Administrator, after consultation The selection of the students to receive with the Schools, may determine the such payments shall be made by the exact rate to be paid at each School for School in accordance with criteria es- the remainder of the fiscal year. tablished by the School, with the prior (b) Federal student incentive pay- approval of the Administration. The ments—(1) General provisions. In accord- rate of Federal student subsistence ance with the Administration’s estab- payments will be determined by the lished subsidy quotas for classes enter- Administration according to the 1958 ing after April 1982, each school shall Act or the Act. identify to the Administration, no (4) ROTC enrollment. Subsidized ca- later than February 1 annually, those dets who make a commitment to an students who have been selected to re- Armed Force Reserve Officer Training ceive the student incentive payment Corps will be removed from the Admin- authorized by the Act. The students so istration subsidy rolls effective on the identified must meet the requirements date they receive funds from a U.S. of § 310.6(b). The Administration shall military service. Should they leave the provide the school with the necessary program for any reason they may not service obligation contracts. The con- reclaim the Administration subsidy as tracts will be signed by the designated a cadet. students and returned by the School to (5) Payment procedure. The Adminis- the Supervisor and shall become effec- tration shall make the Federal student tive when signed by the Supervisor or subsistence payments no more fre- his or her designee. A copy shall be re- quently than monthly, directly to the turned to the School for transmittal to School upon the presentation of a the student. Payments will be issued to statement containing the names of midshipmen in amounts equaling $4000 each Cadet selected by the Academy for each academic year of attendance (within the quotas furnished pursuant whom execute the service obligation to paragraph (a) of this section) to be contracts providing for such payment enrolled in the Maritime Service and amount. Payments shall commence to to receive the Federal student subsist- accrue on the day each such mid- ence payments. For newly selected Ca- shipman begins his or her first term of dets in a new entering class, the state- work at the School. Such payments ment supporting the first voucher for shall be made quarterly to the mid- payment shall certify that the cadets shipman until the completion of his or

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her course of instruction but in no Reserve), the United States Coast event for more than four (4) academic Guard Reserve, or any other Reserve years. The School shall submit a quar- unit of an armed force of the United terly certified Daily Attendance Re- States for at least six (6) years fol- port listing the names of all designated lowing the date of graduation from a midshipmen who are entitled to stu- school; and dent incentive payments. Midshipmen (vi) Serve in the foreign or domestic who do not take all necessary steps to commerce or both, and the national de- maintain their midshipman status, fense of the United States for at least who lose their midshipman status due three (3) years following graduation to action by the U.S. Navy, or who from a School— make the commitment identified in (A) As a merchant marine officer paragraph (a)(4) of this section will serving on vessels documented under have their student incentive payment the laws of the United States or on ves- terminated. sels owned and operated by the United (2) Temporary reallocation of Federal States or by any State or Territory of student incentive payments. If a School the United States; does not have a sufficient number of el- (B) As an employee in a United igible freshmen to utilize all of its States maritime-related industry, pro- alloted payments, then the unused sub- fession, or marine science (as deter- sidies may be reallocated on a need mined by the Maritime Administrator), basis to academies with eligible stu- if the Maritime Administrator deter- dents. In the next academic year, each mines that service under paragraph School’s subsidy quota for entering (b)(3)(vi)(A) of this section is not avail- students will revert to its original able to such individual; level. (C) As a commissioned officer on ac- (3) Form of the service obligation con- tive duty in an armed force of the tract. The service obligation contract United States or in the National Oce- shall obligate the midshipman to— anic and Atmospheric Administration (i) Use the student incentive pay- or in other maritime-related employ- ment to defray the cost of uniforms, ment with the Federal Government books and subsistence; which serves the national security in- (ii) Complete the course of instruc- terests of the United States, as deter- tion at the School; mined to be satisfactory by the Mari- (iii) Take the examination for a li- time Administrator; or cense as an officer in the merchant ma- (D) By combining the services speci- rine of the United States on or before fied in paragraphs (b)(3)(vi)(A), the date of graduation from a School (b)(3)(vi)(B) and (b)(3)(vi)(C) of this sec- and fulfill the requirements for such li- tion; and cense not later than three (3) months (E) Such employment in the Federal after such graduation; Government must be both significantly (iv) Maintain a valid license as an of- maritime-related and serve the na- ficer in the merchant marine of the tional security interests of the United United States for at least six (6) years States. ‘‘Significantly’’ is equated to a following the date of graduation from a material or essential portion of an in- School, accompanied by the appro- dividual’s responsibilities. It does not priate national and international en- mean a ‘‘majority’’ of such individual’s dorsements and certification required responsibilities, but means more than by the United States Coast Guard for just an incidental part. service aboard vessels on domestic and (4) Marine-related employment. (i) international voyages (‘‘appropriate’’ graduates who intend to claim employ- means the same endorsements and cer- ment in a United States maritime-re- tifications held at the date of gradua- lated industry, profession of marine tion, or the equivalent); science as meeting all or part of the (v) Apply for an appointment as, and service obligation under paragraph accept if tendered, and serve as a com- (b)(3)(vi) of this section, shall submit missioned officer in the United States evidence to the Supervisor that they Naval Reserve (including the Merchant have conscientiously sought employ- Marine Reserve, United States Naval ment as a merchant marine officer, and

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that such employment is not available. uate will file a minimum of seven (7) Such evidence and other information reports in order to give information on available, shall be considered in any all six (6) years of the armed forces re- finding. In view of current and pro- serve and merchant marine officer li- jected employment opportunities, cense service obligations. Graduates afloat, the Maritime Administrator are encouraged to submit their Service will grant the shoreside employment Obligation Compliance Report forms option infrequently and only on the (MA–930) to MARAD using the web- basis of comprehensive evidence. based Internet system at https:// (ii) The Maritime Administrator may mscs.marad.dot.gov. Reports may also be consider the positions of operational, mailed to: Compliance Specialist, Of- management and administrative re- fice of Policy and Plans, Maritime Ad- sponsibility in the following marine-re- ministration, Department of Transpor- lated categories under the provisions of tation, 400 7th St., SW., Room 7123, paragraph (b)(3)(vi) of this section: Ci- Washington, DC 20590. In case a vilian employment in Federal and State agencies related to maritime af- deferment has been granted to engage fairs, steamship companies, steve- in a maritime-related graduate course doring companies, vessel chartering of study, annual reports must be sub- and operations, cargo terminal oper- mitted during the extension period re- ations, naval architecture, shipbuilding sulting from such deferments. Exam- and repair, municipal and state port ples of the reporting requirements are authorities, port development, marine as follows. engineering, and tug and barge compa- Example 1: Midshipman graduates on June nies. The above list is not all inclusive 30, 2004. His or her first reporting date is be- and is only intended to serve as a gen- tween January 1, 2005 and March 1, 2005 and eral guide. each following period between January 1 and (5) Afloat employment year. For pur- March 1 for six (6) consecutive years there- poses of the service obligation, a satis- after (or until all components of the service factory year of afloat employment obligation are fulfilled, whichever is latest) shall be the lesser of— for a minimum of seven (7) reports. (i) 150 days; or Example 2: Midshipman has a deferred grad- (ii) The number of days employed uation on November 30, 2004. His or her first afloat that is at least equal to the me- reporting date is between January 1, 2005 and March 1, 2005 and each following period be- dian number of days of seafaring em- tween January 1 and March 1 for six (6) con- ployment under articles achieved by secutive years thereafter (or until all compo- deck or engine officers in the most re- nents of the service obligation are fulfilled, cent calendar year for which statistics whichever is latest) for a minimum of seven are available. (7) reports. (6) Reporting requirement. (i) The Example 3: Midshipman has a deferment schools must promptly submit copies following graduation on June 30, 2004, to at- of all resignation forms (containing the tend graduate school for two (2) years. His or name, reason, address and telephone her first reporting date is between January number) of juniors and seniors to the 1, 2005 and March 1, 2005 and during the same Supervisor, to be used for monitoring time frame between January 1 and March 1 and enforcement purposes. Each grad- for two (2) years during graduate school, and uate must submit an annual Service then during the same January 1 to March 1 time frame for six (6) consecutive years Obligation Compliance Report form thereafter (or until all components of the (MA–930) to the Maritime Administra- service obligation are fulfilled, whichever is tion (Supervisor) between January 1 latest) for a total of nine (9) reports. and March 1 following his or her grad- uation. After the initial report is sub- (ii) The Maritime Administration mitted, each graduate must continue will provide reporting forms. However, to submit annual reports during the non-receipt of such forms will not ex- same time frame between January 1 empt a graduate from submitting infor- and March 1 for six (6) consecutive mation as required by this paragraph. years thereafter, or until all compo- The reporting form has been approved nents of the service obligation are ful- by the Office of Management and Budg- filled, whichever is latest. Each grad- et (2133–0509).

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(7) Breach of contract—(i) Breach be- tract relating to service in the foreign fore graduation. (A) If the Maritime Ad- or domestic commerce or the national ministrator determines that any indi- defense, as determined by the Maritime vidual who has accepted Federal stu- Administrator. The Maritime Adminis- dent incentive payments for a min- trator, in consultation with the Sec- imum of two (2) academic years has retary of Defense, shall determine in failed to fulfill any part of the contract which service the individual shall be set forth in § 310.7(b)(3), such individual ordered to active duty to serve such pe- may be ordered by the Secretary of De- riod of time. In cases of hardship, as fense to active duty in one of the determined by the Maritime Adminis- Armed Forces of the United States to trator, the Maritime Administrator serve a period of time not to exceed may waive this provision in whole or in two (2) years. In cases of hardship as part. determined by the Maritime Adminis- (B) If the Secretary of Defense is un- trator, the Maritime Administrator able or unwilling to order an individual may waive this provision in whole or in to active duty under paragraph part. (b)(7)(ii)(A) of this section or if the (B) If the Secretary of Defense is un- Maritime Administrator determines able or unwilling to order an individual that reimbursement of the Cost of Edu- to active duty under paragraph cation Provided would better serve the (b)(7)(i)(A) of this section, or if the interests of the United States, the Mar- Maritime Administrator determines itime Administrator may recover from that reimbursement of the cost of edu- the individual the Cost of Education cation provided would better serve the Provided, plus interest and attorney’s interests of the United States, the Mar- fees. itime Administrator may recover from (C) The Maritime Administrator may the individual the amount of student reduce the amount to be recovered incentive payments, plus interest and under paragraph (b)(7)(ii)(B) of this sec- attorney’s fees. tion from such individual to reflect (C) The Maritime Administrator is partial performance of service obliga- authorized to reduce the amount to be tions and such other factors as the recovered under paragraph (b)(7)(i)(B) Maritime Administrator determines of this section from such individual to merit such reduction. reflect partial performance of service (8) Waivers. Waivers may be granted obligations and such other factors as in cases where there would be undue the Maritime Administrator deter- hardship or impossibility of perform- mines merit such reduction. ance of the provisions of the contract (D) For purposes of paragraph due to accident, illness or other justifi- (b)(7)(i)(A) of this section, an ‘‘aca- able reason. Applications for waiver demic year’’ is defined as the comple- will be submitted to the Supervisor. tion by a student of the required num- (9) Deferments. In exceptional cases ber of semesters, trimesters, or quar- the Administration may grant a ters, as applicable, whether at school deferment of all or part of the service or at sea, which comprise a complete commitment under paragraphs (b)(3)(ii) course of study for an academic year. through (vi) of this section for a period Thus, liability under paragraph not to exceed two years, only for grad- (b)(7)(i)(A) of this section begins for uates considered to have superior aca- students at the beginning of their third demic and conduct records while at the (3rd) academic year, whether at school school, for the purpose of their entry or at sea. after graduation into a marine-or mari- (ii) Breach after graduation. (A) If the time-related graduate course of study Maritime Administrator determines at an accredited graduate school. How- that an individual has failed to fulfill ever, the Secretary of the department any part of the service obligations (de- in which the United States Coast scribed in § 310.7(b)(3)), such individual Guard is operating and the Secretary may be ordered to active duty to serve of Commerce, with respect to the Na- a period of time not less than two (2) tional Oceanic and Atmospheric Ad- years and not more than the unexpired ministration, which has jurisdiction portion of the service obligation con- over such service shall approve any

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deferment of service as a commissioned (D) If the appeal is sent by conven- officer. Applications for such tional mail (through the United States deferment shall be made through the Postal Service), the date of filing is de- Superintendent of Midshipman’s termined by the postmark date. If no school, who shall forward each applica- legible postmark date appears on the tion together with the Superintend- mailing, the appeal is deemed to be ent’s recommendation for approval or filed five (5) working days before the disapproval and an evaluation of the date of its receipt in the Office of the applicant’s academic and conduct Secretary. If delivered by other than records, to the Supervisor for appro- the United States Postal Service, an priate action. appeal is filed with the Maritime Ad- (10) Determination of compliance with ministrator on the date it is physically service obligation contract; deferment; delivered to the Office of the Secretary waiver; and appeal procedures. (i) An of- at the address referenced in paragraph ficial of the Administration designated (b)(10)(ii)(B) of this section. The date of by the Supervisor shall: filing by commercial delivery (not (A) Render determinations of wheth- United States Postal Service) is the er a student or graduate has breached date it is received at the address for his or her service agreement; the Office of the Secretary set forth in (B) Grant or deny a deferment of the paragraph (b)(10)(ii)(B) of this section. Appeals may not be submitted by fac- service obligation under paragraph simile or by electronic mail. Requests (b)(9) of this section, except obligations for extension of the time to file an ap- otherwise a part of the graduate Re- peal may be submitted by facsimile or serve officer status; electronic mail to the Office of the Sec- (C) Grant or deny a waiver of the re- retary. Requests for extension of time quirements of the service agreement in do not stop or toll the running of the hardship cases. time for filing an appeal. Appeals may (ii)(A) If a student or graduate dis- only be filed after the deadline if the agrees with the decision of the des- Maritime Administrator or his des- ignated official, the student or grad- ignee, in their sole discretion, grants uate may appeal that decision to the an extension. Maritime Administrator. The appeal (E) In computing the number of days, must set forth all the legal and factual the first day counted is the day after grounds on which the student or grad- the event from which the time period uate bases the appeal. Any grounds not begins to run. If the date that ordi- set forth in the appeal are waived. narily would be the last day for filing (B) Appeals must be filed with the falls on a Saturday, Sunday, or Federal Maritime Administrator within 30 cal- holiday, the filing period will include endar days of the date of receipt by the first workday after that date. such student or graduate of the written decision of the designated official. Ap- Example to paragraph (b)(10)(ii)(E): If a grad- uate receives a decision on July 1, the 30-day peals must be filed at the Office of the period for filing an appeal starts to run on Secretary, Maritime Administration, July 2. The appeal would ordinarily be time- Room 7210, 400 7th St., SW., Wash- ly only if postmarked on or physically deliv- ington, DC 20590. Each decision will in- ered by July 31. If July 31 is a Saturday, clude a notice of appeal rights. however, the last day for obtaining a post- (C) A decision is deemed to be re- mark by mailing or physical delivery would ceived by a student or graduate five (5) be Monday, August 2. working days after the date it is (iii) The Maritime Administrator will mailed by first class mail, postage pre- issue a written decision for each timely paid, to the address for such student or appeal. This decision constitutes final graduate listed with the Office of Pol- agency action. icy and Plans. It is the responsibility (iv) If a student or graduate fails to of such student or graduate to ensure appeal within the time set forth in that their current mailing address is paragraph (b)(10)(ii) of this section, the on file with the Office of Policy and decision of the designated official will Plans, 400 7th St., SW., Washington, DC be final and constitute final agency ac- 20590. tion.

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(11) Remedies. To aid in the recovery excess of thirty (30) days will result in of the cost of education under this sec- loss of incentive payments. Mid- tion, the Maritime Administrator may shipmen receiving student incentive request the Attorney General to begin payments may be granted leaves of ab- court proceedings, and the Maritime sence without pay, as approved by the Administrator may make use of the Superintendent, for periods not to ex- Federal debt collection procedure in ceed one (1) academic year at a time. chapter 176 of title 28, United States Midshipmen in a pay status will only Code, or other applicable administra- be granted a leave of absence if they tive remedies. continue to meet all requirements for graduation in this part, including age [46 FR 37694, July 22, 1981, as amended at 48 FR 24080, May 31, 1983; 49 FR 13365, Apr. 4, requirements. 1984; 65 FR 39558, June 27, 2000; 66 FR 36176, [48 FR 24081, May 31, 1983] July 11, 2001; 69 FR 31901, June 8, 2004; 69 FR 61606, Oct. 20, 2004; 70 FR 28833, May 19, 2005] § 310.9 Medical attention and injury claims. § 310.8 Leave. (a) Medical attention and hospitaliza- (a) Enrolled before April 1, 1982. Limi- tion. The school shall be responsible for tations on cadet leave, without loss of arranging that a medical officer shall Federal student subsistence, with the be attached or on call to the school. specific limits to be set at the discre- During the cruise, the School shall as- tion of the Superintendent on an aca- sign a medical officer to the Training demic year basis, are: Ship. (1) If hospitalized, sick at home, or (b) Compensation claims of Cadets or confined in the sick bay, leave shall Midshipmen. Compensation claims for not exceed four (4) months. personal injuries or death sustained by (2) For an emergency due to the seri- a federally-assisted cadet or mid- ous illness, injury or death of a very shipman in the performance of official near relative, leave shall not exceed duty shall be forwarded to the Super- seven (7) days. visor for transmission to the Office of (3) Annual leave shall not exceed Workers’ Compensation Programs. The thirty (30) days. Supervisor shall furnish necessary (4) Christmas and Easter leave shall forms. not exceed a total of twelve (12) days, (c) Medical care and compensation for and leave may be granted for all legal Officers and other personnel. Officers holidays—Federal and state. This leave and other personnel of the School, and is in addition to that granted in para- of the Training Ship may avail them- graph (a)(3) of this section. selves of any medical facilities fur- (5) Leave in addition to that provided nished by the State or Federal Govern- in paragraphs (a) (3) and (4) of this sec- ment for which they qualify. See, for tion may be granted only if approved in example, 42 CFR part 32. Such persons advance by the Supervisor, upon direct who are not Federal employees shall request by the Superintendent. look to the State alone for pay, allow- (b) Enrolled on or after April 1, 1982. ances, compensation and other benefits Midshipmen will be granted leave with- during injury or illness. out loss of incentive payments as fol- lows: [46 FR 37694, July 22, 1981, as amended at 48 (1) Medical leave, as authorized by FR 24081, May 31, 1983] the school, not to exceed four (4) months. § 310.10 Discipline and dismissal. (2) Christmas and Easter leave and (a) Each School shall establish and all legal holidays—Federal and state— publish rules and regulations governing as authorized by the school. This leave Cadet and Midshipman discipline and is in addition to that granted in para- providing for a demerit system for in- graph (b)(3) of this section. fractions of these rules and regula- (3) Excused absences, as authorized tions. Serious or excessive violations of by the school, not to exceed thirty (30) the rules and regulations by a Cadet or days per academic year. All unauthor- Midshipman may be considered as evi- ized leave and all excused absences in dence of inaptitude for the demanding

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career of a merchant marine officer Subpart C—Admission and Train- and warrant dismissal by the school. ing of Midshipmen at the (b) Each Cadet or Midshipman shall, United States Merchant Ma- upon admission to the School, be fur- rine Academy nished a copy of the School’s rules and regulations. (c) Any Cadet or Midshipman placed AUTHORITY: Secs. 204(b) and 1301–1308, Mer- on probation for failure to meet the chant Marine Act, 1936, as amended, (46 U.S.C. 1114(b) and 1295–1295g); 49 CFR 1.66 (46 conduct requirements of the school FR 47458, September 28, 1981). may, at the discretion of the Super- intendent, be listed as not in good SOURCE: 47 FR 21812, May 20, 1982, unless standing for any period not to exceed otherwise noted. six (6) months for the purpose of § 310.50 Purpose. § 310.7(a)(5). The regulations in this subpart gov- § 310.11 Cadet uniforms. ern the nomination, admission and ap- Cadet uniforms shall be supplied at pointment of midshipmen to the the school in accordance with the uni- United States Merchant Marine Acad- form regulations of the School. Those emy, regulations shall prescribe a distinc- § 310.51 Definitions. tive insignia or device approved by the Maritime Administrator. (a) Academy means the United States Merchant Marine Academy. § 310.12 Scope and effect. (b) Act means the Maritime Edu- (a) If any provisions of this subpart cation and Training Act of 1980, Pub. L. conflict with laws and regulations of 96–453, 94 Stat. 1997, as subsequently the State, the appropriate State au- amended, 46 App. U.S.C. 1295–1295g. thorities shall notify the Maritime Ad- (c) Administration means the Mari- ministrator in writing of such conflict time Administration, Department of and pertinent circumstances. The Mar- Transportation. itime Administrator, as a matter of (d) Administrator means the Adminis- discretion, shall take, or not take, any trator of the Maritime Administration. action determined appropriate under (e) Citizen means an individual who, the 1958 Act or the Act. by birth or naturalization, owes na- (b) The Maritime Administrator may, tional allegiance to the United States, after consultation with the Super- but the term excludes United States intendents of the schools issue binding nationals. executive instructions supplementing (f) Cost of Education Provided means this subpart. the financial costs incurred by the Fed- eral Government for providing training § 310.12–1 Form of Agreement. or financial assistance to students at The form of agreement between the the United States Merchant Marine Academy, including direct financial as- Maritime Administrator and schools sistance, room, board, classroom aca- for annual maintenance and support demics, and other training activities. payments, Federal student subsistence and incentive payments and fuel assist- (g) Foreign student means an indi- ance under the 1958 Act and the Act vidual who owes national allegiance to a country or political entity other than may be obtained from the Office of Pol- the United States, and the term in- icy and Plans, Maritime Administra- cludes United States nationals. tion, 400 7th St., SW., Washington, DC 20590. (h) NOAA means the National Oce- anic and Atmospheric Administration. [70 FR 28833, May 19, 2005] (i) USNR means the United States Naval Reserve. Subpart B [Reserved] [47 FR 21812, May 20, 1982, as amended at 69 FR 31902, June 8, 2004]

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§ 310.52 General. The candidate must be a resi- dent of— To be nominated by— (a) Midshipmen are appointed to the Academy for training to prepare them Virgin Islands ...... The Delegate to the U.S. House of Representatives to become officers in the U.S. mer- representing the Virgin Is- chant marine. The Academy, located at lands. Kings Point, New York, is maintained District of Columbia ...... The Delegate to the U.S. by the Government as a part of the Ad- House of Representatives representing the District of ministration. After successful comple- Columbia. tion of the 4-year course of study, a Commonwealth of Puerto The Resident Commissioner graduate of the Academy shall receive Rico. to the United States from a Bachelor of Science degree and a Puerto Rico. merchant marine license as either a American Samoa ...... The Delegate to the House of Representatives rep- third officer or third assistant engineer resenting American (or both licenses upon completion of a Samoa. special curriculum and passing the re- Any area or installation lo- Panama Canal Commission. spective license examinations) issued cated in the Republic of Panama which is made by the U.S. Coast Guard. If qualified, a available to the United graduate may be commissioned as an States pursuant to the (i) officer in a reserve component of an the Panama Canal Treaty of 1977, (ii) the agreements armed force of the United States. relating to and imple- (b) Midshipmen entering the Acad- menting the Treaty signed emy after April 1, 1982, are required by September 7, 1977, and the Act to sign an agreement commit- (iii) the Agreement between the United States of Amer- ting them to service obligations fol- ica and the Republic of lowing the date of graduation. The Panama Concerning Air terms of the service obligation con- Traffic Control and Related tract are set forth in § 310.58 of this sub- Services, concluded Janu- ary 8, 1979; Provided, That part. no residence in the Repub- lic of Panama is required if § 310.53 Nominations and vacancies. nomination is due to his or her parent’s employment in (a) Nominating officials. (1) Each Sen- the Panama Canal or in the ator and Member of the House of Rep- Republic of Panama by the resentatives (including delegates from United States Government Guam, the Virgin Islands and the Dis- or the Panama Canal Com- mission. trict of Columbia and the Resident Northern Mariana Islands ...... Governor of the Northern Commissioner from Puerto Rico), the Mariana Islands. Panama Canal Commission, the Gov- Trust Territory of the Pacific Secretary of the Interior. ernor of the Northern Mariana Islands, Islands. and the Delegate to the House of Rep- resentatives from American Samoa (3) Individuals must be residents of may nominate ten (1) candidates to the Trust Territory of the Pacific Is- compete for admission to the Academy. lands to qualify for designation by the (2) In accordance with the Act (46 Secretary of the Interior. U.S.C. 1295b (b)(1)), nominating offi- (4) Nominating officials may select cials may only nominate candidates nominees, and the Secretary of the In- who are residents of the State or other terior may select designees, by any geographic area which the particular method they wish, including a screen- nominating official represents, as fol- ing examination. lows: (5) Candidates from nations other the United States must be nominated by The candidate must be a resi- an official of their home government dent of— To be nominated by— and have their applications approved The State ...... A Member of the U.S. Senate by the United States Government offi- representing that State. cial specified in § 310.66 (a), or (c) or (d). The State ...... A Member of the U.S. House of Representatives whose (b) Vacancies. (1) The number of va- Congressional District is lo- cancies in each entering class allocated cated in that State. to each State is in proportion to the Guam ...... The Delegate to the U.S. House of Representatives representation in Congress from that representing Guam. State.

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(2) In each entering class, two vacan- Ohio...... 8 cies shall be allocated each year for in- Oklahoma...... 2 dividuals nominated by the Panama Oregon...... 3 Pennsylvania ...... 10 Canal Commission; one vacancy each Rhode Island ...... 2 to nominees from Puerto Rico, Guam, South Carolina ...... 4 Virgin Islands, Northern Marian Is- South Dakota...... 1 lands and American Samoa; and four Tennessee ...... 4 vacancies to nominees from the Dis- Texas ...... 13 trict of Columbia. Utah ...... 2 (3) Not to exceed four (4) individuals Vermont ...... 1 at any one time may be admitted from Virginia...... 5 Washington ...... 5 the Trust Territory of the Pacific Is- West Virginia ...... 2 lands and twelve (12) individuals from Wisconsin ...... 4 nations located in the Western Hemi- Wyoming ...... 1 sphere, other than the United States, (6) The distribution of each entering but not more than two (2) individuals class otherwise provided under the Act from any one of such nations shall re- is: ceive training at the same time. (4) The Administrator may permit, Northern Mariana Islands ...... 1. upon approval of the Secretary of Puerto Rico ...... 1. State, not more than thirty (30) indi- District of Columbia ...... 4. viduals at one time from nations other Republic of Panama ...... 2. Guam...... 1. than the United States to receive in- American Samoa...... 1. struction at the Academy, subject to Virgin Islands...... 1. the condition that the foreign nations Administrator ...... Not to exceed 40. reimburse the Administrator for the (7) The distribution of students pro- cost of such training. (5) The distribution of each entering vided for under the Act without ref- class by State is: erence to entering class is: Alabama ...... 4 Not to ex- ceed at Alaska ...... 1 any one Arizona...... 3 time Arkansas ...... 2 California...... 19 Trust Territory of the Pacific Islands ...... 4 Colorado ...... 4 Western Hemisphere nations (other than U.S.) .... 12 Foreign nations ...... 30 Connecticut...... 4 Delaware ...... 1 Florida...... 10 (c) Request for nomination. A person Georgia...... 5 interested in admission to the Acad- Hawaii ...... 2 emy who feels that he or she meets the Idaho ...... 2 requirements in this subpart should re- Illinois...... 9 quest a nomination from his or her Indiana ...... 3 Senator or Representative or other ap- Iowa...... 4 Kansas...... 3 propriate nominating official listed in Kentucky ...... 2 paragraph (a) of this section. Louisiana ...... 4 (d) Date for nominations. The nomi- Maine ...... 2 nating official will send a nomination Maryland...... 5 form for each nominee to the Admis- Massachusetts ...... 5 sions Office, U.S. Merchant Marine Michigan ...... 7 Academy, Kings Point, Long Island, Minnesota ...... 3 Mississippi...... 3 New York 11024, normally between Au- Missouri ...... 3 gust 1 and December 31 of the school Montana ...... 2 year preceding that in which admission Nebraska ...... 2 to the Academy is desired. Nevada ...... 2 (e) Appointments. (1) The Adminis- New Hampshire ...... 2 trator shall make appointments to fill New Jersey ...... 6 New Mexico ...... 2 the vacancies allocated pursuant to New York...... 15 paragraph (b) of this section from North Carolina ...... 6 among qualified nominees, in order of North Dakota ...... 1 merit, from each geographical area.

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The order of merit shall be established the U.S. Coast Guard Academy, the according to the procedure as specified Academy or a State maritime academy in § 310.57(b). Such appointments first for improper conduct shall be eligible shall be made from among residents of for appointment as a midshipman at each geographic area listed in para- the Academy. No person whose last dis- graph (b) of this section. Thereafter, charge from any armed force was under appointments shall be made from conditions other than honorable or who among residents of each geographic has had a merchant mariner document area listed in paragraph (b) of this sec- removed or suspended for cause shall tion. Thereafter appointments shall be be eligible for appointment as a mid- made from among remaining qualified shipman. nominees (national alternates) in order (d) Investigation. To be eligible for ap- of merit regardless of the area of resi- pointment, all candidates who are dence. United States citizens shall be com- (2) The Administrator may appoint, pletely loyal to the United States and without competition, not more than shall meet the requirements estab- forty (40) qualified citizens who possess lished by the Department of the Navy qualities deemed to be of special value for designation as Midshipman, USNR to the Academy. In making these ap- (including the Merchant Marine Re- pointments, the Administrator shall serve, USNR). Candidates for appoint- give special consideration to achieving ment shall execute documents ap- a national demographic balance and to proved by the Administrator for the recognizing individuals with qualities purpose of a security and suitability deemed to be of special value to the investigation. Appointment as a Mid- Academy. shipman, USNR (including the Mer- chant Marine Reserve, USNR) shall be [47 FR 21812, May 20, 1982, as amended at 51 a condition of admission for an indi- FR 17741, May 15, 1986; 60 FR 44438, Aug. 28, 1995] vidual who is a citizen. A candidate who is conditionally appointed to the § 310.54 General requirements for eli- Academy pending completion of a Navy gibility. security and suitability investigation (a) Citizenship. All candidates shall be shall be subject to immediate separa- citizens of the United States except: (1) tion should the candidate, as a result Nominees from foreign nations; (2) of the investigation, fail to meet the nominees from the Northern Mariana requirements established for appoint- Islands; (3) designees from the Trust ment as Midshipman, USNR. Territory of the Pacific Islands; and (4) (e) Waivers. There shall be no waivers nominees from American Samoa, who of general eligibility requirements. may be American nationals. No person (Sec. 204(b), Merchant Marine Act, 1936, as who is not a citizen shall be entitled to amended (46 U.S.C. 1114(b)); Pub. L. 97–31 any office or position in the U.S. mer- (August 6, 1981); 49 CFR 1.66) chant marine by reason of his or her [47 FR 21812, May 20, 1982, as amended at 49 graduation from the Academy, until FR 45858, Nov. 21, 1984] such person shall have become a cit- izen. § 310.55 Scholastic requirements. (b) Age. On July 1 of the year of ad- (a) Academic requirements—(1) Credits. mission to the Academy, a candidate Applicants shall have satisfactorily shall be not less than seventeen (17) completed their high school education years of age and shall not have passed at an accredited secondary school, or his or her twenty-fifth (25) birthday. equivalent, and shall present at least 15 (c) Character. A candidate shall be of units of credit for subjects acceptable good moral character. The Adminis- to the Academy, comprised of: trator may reject the nomination of (i) 7 required units, as follows: any candidate whose character is in- (A) 3 units of Mathematics (from al- compatible with the Academy’s stand- gebra, geometry and trigonometry); ards. No person who has been dismissed (B) 3 units of English; and or compelled to resign from the U.S. (C) 1 unit of Physics or Chemistry. Military Academy, the U.S. Naval (ii) 8 other units, preferably chosen Academy, the U.S. Air Force Academy, from the following fields:

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(A) Additional mathematics and (c) Prior Scholastic Record. Applicants science; shall demonstrate scholastic achieve- (B) Foreign language; ment by having attained a relatively (C) Economics; and, high standing in relation to their fel- (D) Social science. low students and by having shown pro- (2) Evidence of academic work. Before ficiency in mathematics and science approval of an application, each appli- courses. With respect to applicants who cant shall submit evidence showing completed high school at least one year completion of high school education, or before applying for admission to the showing that such education will be Academy, consideration will be given completed no later than June 30 of the to satisfactory college level study or year in which admission is sought. any special study undertaken to strengthen their academic back- (b) Scholastic examinations—(1) Re- grounds, particularly in respect to de- quired entrance examinations. Applicants termining whether such supplementary shall qualify in either the College academic activity offsets any defi- Board’s Scholastic Aptitude Tests ciency in high school scholastic (SAT) or the American College Testing records. Program (ACT) examinations, adminis- (d) Waivers. No waivers of scholastic tered nationally on scheduled dates at requirements will be granted. convenient testing centers. A can- didate electing to use the College § 310.56 Physical requirements. Board shall take both the mathematics (a) Physical standards. (1) A candidate and the verbal section of the SAT. A shall meet the physical requirements candidate electing to use the ACT, prescribed by the Department of the shall take all the tests, namely, Navy for appointment as Midshipman, English, Mathematics, Social Sciences USNR (including the Merchant Marine and Natural Sciences. Minimum quali- Reserve, USNR) and the requirements fying scores on the entrance examina- prescribed by the U.S. Coast Guard for tions will be determined by the Super- original licensing as a third mate and intendent of the Academy for each en- third assistant engineer. All candidates tering class prior to any offers of ap- shall have color perception and refrac- pointment for the particular class. Any tive error within the limits prescribed score below the minimum on any one by the Department of the Navy or by section of an examination shall make the U.S. Coast Guard, whichever are the nominee ineligible for admission. higher. All examination costs shall be borne by (2) The requirement to meet these the applicant. Nominees shall take all standards is a continuing one and shall the required examinations by the Feb- apply through graduation from the ruary testing date in the year for Academy. Failure to meet the stand- which they seek appointment, unless ards while attending the Academy is the Academy’s Admissions Office grounds for, and may lead to grants special authorization to take disenrollment. Individuals who have later examinations. completed at least two years of study (2) Forwarding test results. Candidates and, as a result of an accident, illness shall be responsible for requesting the or other cause (during official duty), testing services to submit their scores fail to meet this requirement may be directly to the Academy. permitted to remain at the Academy at (3) Test information. Information on the discretion of, and under conditions the entrance examinations may be ob- set by, the Administrator. Those indi- tained from— viduals permitted to remain through graduation will agree to fulfill aspects The candidate’s high school guidance office; or, of the service obligation which they College Board, P.O. Box 592, Princeton, N.J. are capable of, as deemed appropriate 08540; or, by the Administrator. College Board, P.O. Box 1025, Berkeley, CA. (b) Qualifying physical examinations. 94701; or, All candidates for the Academy shall American College Testing Program, P.O. Box have a physical and dental examina- 168, Iowa City, IA 52240. tion conducted by a service academy

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examining facility designated by the § 310.57 Application and selection of Service Academies Central Medical Re- midshipmen. view Board. The required physical ex- (a) Application. All candidates shall amination shall occur within 1 year submit an application for admission to preceding the date of admission to the the Academy’s Admissions Office. Pro- Academy. Although there is no charge spective candidates also should submit for such examination, all expenses (in- an application, but are not considered cluding travel, meals and hotel accom- official candidates until their nomina- modations) incurred in obtaining such tions are received. Candidates shall examination shall be borne by the ap- submit with their applications an offi- plicant. Candidates may be subject to cial transcript and personality record reexamination upon reporting to the from the candidate’s high school and, if Academy and at any time while attend- applicable, such records from any ing the Academy. school attended after high school grad- (c) Physical reexamination. A can- uation. Application forms are available didate who is rejected for failure to upon request by writing to the Admis- sions Office at the Academy. MARAD meet the physical requirements may will accept electronic options (such as request either a reevaluation of the ex- facsimile and Internet) for trans- amination results or a reexamination. mission of only Part I of required infor- A midshipman failing to meet the mation to MARAD, if practicable. physical requirements while attending (b) Selection of Midshipmen. Selection the Academy is entitled to make the of midshipmen for appointment to fill same request. vacancies allotted to the various (d) Waivers. Some medical require- States and other locations, as specified ments may be waived for enrolled stu- in § 310.53(b) (1) and (2) of this subpart, dents and applicants to the USMMA shall be in order of merit. The order of who require such a medical waiver to merit shall be determined on the scores qualify for admission and/or retention. of the required entrance examinations, Since commissioning in the United on assessment of the academic back- States Navy, or any other branch of ground of the individual and on such the Armed Forces, is a requirement for other factors as are considered by the graduation, no waivers will be granted Academy to be effective indicators of for medical conditions which would motivation and the probability of suc- prevent commissioning in at least a re- cessful completion of training at the stricted status in the U.S. Navy Re- Academy. No preference shall be grant- serve. Individuals interested in waiver ed in selecting individuals for appoint- consideration may request a waiver by ment because one or more members of writing to the Superintendent, their immediate families are alumni of USMMA. The granting of medical the Academy. waivers will be based on U.S. Navy (c) Notification of selection. Results of guidelines and regulations for waiver the selection process will be made consideration for admission to the U.S. known about May 1 each year. The Naval Academy and the physical re- Academy shall advise each candidate quirements consistent with commis- and his or her nominating official of sioning as a reserve officer in the U.S. his or her status as a principal can- Navy in a restricted line program. Indi- didate, as an alternate candidate or as viduals requesting medical waivers an unqualified candidate. Alternates must be able to meet all other admis- will replace principal candidates who sion requirements, including the phys- decline appointment or fail to meet the ical examination requirement for an physical requirements or the security and suitability investigation. original U.S. Coast Guard merchant (d) Service obligation agreement. Each marine license as a third mate and/or candidate selected for appointment to third assistant engineer. The decision the Academy after April 1, 1982, who is of the Superintendent on any requested a citizen of the United States, shall waiver is administratively final. sign a service obligation contract as a [47 FR 21812, May 20, 1982, as amended at 55 condition of admission. The contract is FR 46952, Nov. 8, 1990] prescribed in § 310.58 of this subpart.

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(e) Reporting to the Academy. Can- serve as a commissioned officer in the didates who accept offers of appoint- USNR (including the Merchant Marine ment shall, pursuant to instructions Reserve, USNR), the United States issued by the Academy, report to the Coast Guard Reserve, or any other Re- Academy on a specified date in mid- serve component of an armed force of July for orientation and induction. the United States for at least six (6) (f) Oath. Each midshipman who is a years following the date of graduation citizen of the United States shall take from the Academy; the following oath of office at the (5) Serve in the foreign or domestic Academy: commerce and the national defense of ‘‘I, lll, having been appointed a mid- the United States for at least five (5) shipman to the U.S. Merchant Marine Acad- years following the date of graduation emy, accept appointment and do solemnly from the Academy: swear (or affirm) that I will support and de- (i) As a merchant marine officer serv- fend the Constitution of the United States ing on vessels documented under the against all enemies, foreign and domestic; laws of the United States or on vessels that I will bear true faith and allegiance to owned and operated by the United the same; that I will comply with all the reg- ulations of the U.S. Merchant Marine Acad- States or by any State or territory of emy; that I take this obligation freely, with- the United States; out any mental reservation or purpose of (ii) As an employee in a United evasion; and that I will well and faithfully States maritime-related industry, pro- discharge the duties of the office on which I fession or marine science (as deter- am about to enter, so help me God.’’ mined by the Maritime Administrator), (g) Birth Certificate. Each candidate if the Maritime Administrator deter- shall present a certificate of birth au- mines that service under paragraph thenticated by an authorized official. (a)(5)(i) of this section is not available; (iii) As a commissioned officer on ac- [47 FR 21812, May 20, 1982, as amended at 68 tive duty in an armed force of the FR 62538, Nov. 5, 2003; 69 FR 61451, Oct. 19, 2004] United States or in the National Oce- anic and Atmospheric Administration; § 310.58 Service obligation for students or executing or reexecuting contracts. (iv) Other maritime-related employ- (a) The service obligation contract ment with the Federal Government shall obligate each midshipman who is which serves the national security in- a citizen and who executes or reexe- terests of the United States, as deter- cutes a service obligation contract to: mined by the Maritime Administrator; (1) Complete the course of instruc- or tion at the Academy; (v) By combining the services speci- (2) Fulfill the requirements for a li- fied in paragraphs (a)(5)(i), (ii), (iii) and cense as an officer in the merchant ma- (iv) of this section; and, rine of the United States on or before (vi) Such employment in the Federal the date of graduation from the Acad- Government that satisfies paragraph emy; (a)(5)(iv) of this section must be both (3) Maintain a license as an officer in significantly maritime-related and the merchant marine of the United serve the national security interests of States for at least six (6) years fol- the United States. ‘‘Significantly’’ is lowing the date of graduation from the equated to a material or essential por- Academy accompanied by the appro- tion of an individual’s responsibilities. priate national and international en- It does not mean a ‘‘majority’’ of such dorsements and certifications as re- individual’s responsibilities, but means quired by the United States Coast more than just an incidental part; and Guard for service aboard vessels on (6) Submit periodic reports to the Ad- both domestic and international voy- ministration to establish compliance ages (‘‘appropriate’’ means the same with all the terms of the contract. endorsements and certifications held (b) Service as a merchant marine offi- at the date of graduation, or the equiv- cer. For purposes of the service obliga- alent); tion set forth in paragraph (a)(5)(i) of (4) Apply for an appointment as, ac- this section, a satisfactory year of cept any tendered appointment as and service on vessels in the United States

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merchant marine as a merchant ma- for six (6) consecutive years thereafter, rine officer shall be the lesser of— or until all components of the service (1) 150 days; or obligation are fulfilled, whichever is (2) The number of days that is at latest. Each graduate will file a min- least equal to the median number of imum of seven (7) reports in order to days of seafaring employment under give information on all six (6) years of articles achieved by deck or engine of- the service obligation. Graduates are ficers in the most recent calendar year encouraged to submit their Service Ob- for which statistics are available. ligation Compliance Report forms (c) Marine-related employment. (1) (MA–930) to MARAD using the web- Graduates who do not meet the sea based Internet system at https:// service requirement in paragraph (b) of mscs.marad.dot.gov. Reports may also be this section and who claim employ- mailed to: Compliance Specialist, Of- ment in a United States maritime-re- fice of Policy and Plans, Maritime Ad- lated industry, profession or marine ministration, Department of Transpor- science as meeting all or part of the tation, 400 7th St., SW., Room 7123, service obligation under paragraph Washington, DC 20590. (a)(5) of this section and the serve obli- (i) Example 1: Midshipman graduates gation contract shall submit evidence on June 30, 2004. His or her first report- to the Administration that they have ing date is between January 1, 2005 and conscientiously sought employment as March 1, 2005 and thereafter between a merchant marine officer, and that January 1 and March 1 for six (6) con- such employment is not available. secutive years (or until all components Such evidence submitted, and other in- of the service obligation are fulfilled, formation available to the Administra- whichever is latest) for a minimum of tion, shall be considered in any finding. seven (7) reports. In view of current and projected em- (ii) Example 2: Midshipman has a de- ployment opportunities afloat, the Ad- ferred graduation on November 30, 2004. ministrator will grant the shoreside His or her first reporting period is be- employment option infrequently and tween January 1, 2005 and March 1, 2005 only on the basis of comprehensive evi- and thereafter between January 1 and dence. March 1 for six (6) consecutive years (2) The Administrator may consider (or until all components of the service positions of operational, management obligation are fulfilled, whichever is or administrative responsibility, in- latest) for a minimum of seven (7) re- cluding, but not limited to, the fol- ports. lowing marine-related categories, to be (iii) Example 3: Midshipman grad- under the provisions of § 310.58(a)(5)(ii) uated in June 2003 and has already of this subpart and the service obliga- begun his or her service obligation re- tion contract: Civilian employment in porting. His or her reports are now due Federal and State agencies related to between January 1 and March 1 of each maritime affairs; steamship companies; reporting year. stevedoring companies; vessel char- (2) The Maritime Administration will tering and operations; cargo terminal provide reporting forms upon request. operations; naval architecture; ship- However, non-receipt of such forms will building and repair; municipal and not exempt a graduate from submitting State port authorities; and port devel- service obligation information as re- opment, marine engineering, and tug quired by this paragraph. Graduates and barge companies. are encouraged to submit their Service (d) Reporting requirements. (1) Each Obligation Compliance Report forms graduate must submit an annual Serv- (MA–930) electronically at https:// ice Obligation Compliance Report form mscs.marad.dot.gov. The reporting form (MA–930) to the Maritime Administra- has been approved by the Office of tion between January 1 and March 1 Management and Budget (2133–0509). following his or her graduation. After (e) Breach of contract. (1) Breach be- the initial report is submitted, each fore graduation: (i) If the Maritime Ad- graduate must continue to submit an- ministrator determines that an indi- nual reports during the same time vidual who has attended the Academy frame between January 1 and March 1 for not less than two (2) academic

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years has failed to complete the course ministrator determines that reim- of instruction at the Academy, such in- bursement of the Cost of Education dividual may be ordered by the Sec- Provided would better serve the inter- retary of Defense to active duty in one ests of the United States, the Maritime of the Armed Forces of the United Administrator may recover from the States to serve for a period of time not individual the Cost of Education Pro- to exceed two (2) years. In cases of vided. hardship, as determined by the Mari- (iii) The Maritime Administrator time Administrator, the Maritime Ad- may reduce the amount to be recovered ministrator may waive this provision from such individual to reflect partial in whole or in part. performance of service obligations and (ii) If the Secretary of Defense is un- such other factors as the Maritime Ad- able or unwilling to order an individual ministrator determines merit such re- to active duty under the previous para- duction. graph, or if the Maritime Adminis- (f) Waivers. The Maritime Adminis- trator determines that reimbursement trator shall have the discretion to of the Cost of Education Provided by grant waivers of all or a portion of the the Federal Government would better service obligation contract in cases serve the interests of the United where there would be undue hardship States, the Maritime Administrator or impossibility of performance due to may recover from the individual the accident, illness or other justifiable Cost of Education Provided by the Fed- reason. Applications for waivers shall eral Government. be submitted in writing to the Acad- (iii) For purposes of paragraph emies Program Officer, Office of Policy (e)(1)(i) of this section, an ‘‘academic and Plans, Maritime Administration, year’’ is defined as the completion by a 400 7th St., SW., Washington, DC 20590. student of a total of three (3) tri- (g) Deferments. In exceptional cases, mesters, whether at the Academy or at the Administration may grant a sea. Thus, liability under paragraph deferment of all or part of the agree- (e)(1)(i) of this section begins for stu- ment under paragraph (a)(5) of this sec- dents when they begin their seventh tion and the service obligation con- (7th) trimester, whether at the Acad- tract, for a period not to exceed 2 emy or at sea. years, only for graduates considered to (2) Breach after graduation: (i) If the have superior academic and conduct Maritime Administrator determines records while at the Academy and only that an individual has failed to fulfill for the purpose of entering a marine or any part of the service obligation con- maritime-related graduate course of tract (described in § 310.58(a)), such in- study approved by the Administrator dividual may be ordered to active duty or for the purpose of pursuing studies to serve a period of time not less than as recipients of scholarships or fellow- three (3) years and not more than the ships of national significance; Provided, unexpired portion of the service obliga- that any deferment of service as a com- tion contract relating to service in the missioned officer under paragraph foreign or domestic commerce or the (a)(5)(iii) of this section and the service national defense, as determined by the obligation contract shall be subject to Maritime Administrator. The Maritime the sole approval of the Secretary of Administrator, in consultation with the department which has jurisdiction the Secretary of Defense, shall deter- over such service (including the Sec- mine in which service the individual retary of the department in which the shall be ordered to active duty to serve U.S. Coast Guard is operating and the such period of time. In cases of hard- Secretary of Commerce with respect to ship, as determined by the Maritime NOAA). A graduate shall make applica- Administrator, the Maritime Adminis- tion for such deferment through the trator may waive this provision in Superintendent of the Academy, who whole or in part. shall forward each application, to- (ii) If the Secretary of Defense is un- gether with the Superintendent’s rec- able or unwilling to order an individual ommendation for approval or dis- to active duty under paragraph (e)(2)(i) approval and an evaluation of the ap- of this section or if the Maritime Ad- plicant’s academic and conduct

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records, to the Academies Program Of- ance Web site at http:// ficer, Maritime Administration, Office mscs.marad.dot.gov. Changes in the ad- of Policy and Plans, NASSIF Building, dress listed can be made through the 400 7th St., SW., Washington, DC 20590 Internet. for appropriate action. (3) The Maritime Administrator will (h) Determination of compliance with issue a written decision for each timely service obligation contract; deferment; appeal. This decision constitutes final waiver; and appeal procedures. (1) A des- agency action. ignated official of the Administration (4) If a student or graduate fails to shall: appeal within the time set forth in (i) Determine whether a student or paragraph (h)(2) of this section, the de- graduate has breached his or her serv- cision of the designated official will be ice obligation contract; final and constitute final agency ac- (ii) Grant or deny a deferment of the tion. service obligation, except for obliga- (i) Remedies. To aid in the recovery of tions otherwise a part of the graduate’s the Cost of Education Provided the commissioned officer status; and, Maritime Administrator may request (iii) Grant or deny a waiver of the re- the Attorney General to begin court quirements of the service obligation proceedings, and the Maritime Admin- contract in cases of undue hardship or istrator also may make use of the Fed- impossibility of performance due to ac- eral debt collection procedures in chap- cident, illness or other justifiable rea- ter 176 of title 28, United States Code, son. and other applicable administrative (2)(i) If a student or graduate dis- remedies. agrees with the decision of the des- [47 FR 21812, May 20, 1982, as amended at 60 ignated official, the student or grad- FR 44438, Aug. 28, 1995; 65 FR 39558, June 27, uate may appeal that decision to the 2000; 66 FR 36177, July 11, 2001; 69 FR 9759, Maritime Administrator. The appeal Mar. 2, 2004; 69 FR 29081, May 20, 2004; 69 FR will set forth all the legal and factual 31903, June 8, 2004; 69 FR 61454, Oct. 19, 2004; grounds on which the student or grad- 70 FR 28833, May 19, 2005] uate bases the appeal. Any grounds not set forth in the appeal are waived. § 310.59 Courses of instruction. (ii) Appeals must be filed with the (a) At Academy. Three major curricu- Maritime Administrator within thirty lums are offered: Nautical Science, for (30) calendar days of the date of receipt the preparation of deck officers; Ma- by such student or graduate of the rine Engineering, for the preparation of written decision of the designated offi- engineering officers; and the Dual Li- cial. Appeals must be filed at the Office cense Program, a combined course of the Maritime Administrator, Mari- which leads to licenses in both special- time Administration, Room 7210, 400 ties. All midshipmen who are citizens 7th St., SW., Washington, DC 20590. shall take naval science courses pre- Each decision will include a notice of scribed by the Department of the Navy. appeal rights. All curriculums include general edu- (iii) A decision is deemed to be re- cation courses and electives. ceived by a student or graduate five (5) (b) Sea year. Midshipmen spend one- working days after the date it is half of their sophomore (third class) mailed by first class mail, postage pre- year and one-half of their junior (sec- paid, to the address for such student or ond class) year training at sea aboard graduate listed with the Office of Pol- one or more merchant vessels. In addi- icy and Plans. It is the responsibility tion to practical shipboard assign- of such student or graduate to ensure ments, midshipmen are required to that their current mailing address is complete written study assignments on file with the Office of Policy and incorporating material from the major Plans, Maritime Administration, 400 segments of the Academy curriculums. 7th St., SW., Washington, DC 20590. Students and graduates can determine § 310.60 Training on subsidized ves- the current address on file with the Of- sels. fice of Policy and Plans by logging into All operators of subsidized merchant the service obligation contract compli- vessels, in accordance with contractual

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arrangements, are required to employ senger quarters) and shall mess with for training at least two midshipmen, the licensed officers. as assigned by the Superintendent of (Secs. 204(b) and 1301–1308, Merchant Marine the Academy, which employment shall Act, 1936, as amended, (46 U.S.C. 1114(b); and be in accordance with the following 1295 through 1295g); Pub. L. 96–453; Pub. L. provisions. 97–31; 49 CFR 1.66 (46 FR 47458, Sept. 28, 1981); (a) Work assignments. All practical E.O. 12387 (47 FR 44981, Oct. 13, 1982) work assignments for midshipmen [47 FR 21812, May 20, 1982, as amended at 52 shall be in accordance with courses FR 21534, June 8, 1987] prescribed by the Superintendent of the Academy. § 310.61 Training on other vessels and (b) Working hours. In order to permit by other facilities or agencies. midshipmen to complete their aca- The Administrator may arrange for demic assignments, vessel employers training of midshipmen on Govern- shall not require midshipmen to work ment-owned vessels, in cooperation more than 8 hours each day. Mid- with other governmental and private shipmen shall devote at least 3 hours of agencies, and on other vessels docu- their own time each day to study. mented under the laws of the United (c) Pay. Midshipmen shall receive pay States if the owner of such vessel co- while employed aboard merchant ves- operates in such use. Midshipmen may sels directly from the steamship com- be assigned for training in shipyards, pany employers at the same rate re- plants, and industrial and educational ceived by cadets and midshipmen at organizations for instructional pur- the other Federal academies. A change poses only. in the rate of pay for midshipmen at the Academy shall occur after a change § 310.62 Allowances and expenses; re- in the rate of pay for cadets/mid- quired deposit. shipmen at the other Federal acad- (a) Items furnished. Each midshipman emies and shall be effective either on shall receive: Free tuition, quarters June 15th or on December 15th of the and subsistence; limited medical and same calendar year, whichever occurs dental care; and certain travel ex- first. While aboard ship, they shall be penses, in accordance with chapter 5, berthed in single-occupancy rooms or part A, of the Joint Travel Regulations in rooms with other midshipmen in For Members Of Uniform Services, Vol. that part of the vessel designated for 1 (U.S. Department of Defense publica- licensed officers (or in first-class pas- tion, Serial No. 0516–LP–255–0265), while senger quarters) and shall mess with traveling under official Academy or- the licensed officers. The steamship ders. company employers shall also pay the (b) Required Deposit. Prior to admis- midshipmen such subsistence and room sion to the Academy, each midshipman allowance in port, transportation al- shall make a specified deposit, as es- lowances, and other bonuses or allow- tablished by Academy regulations, to ances as are paid to the licensed offi- help defray the cost of items and serv- cers of the vessel in which the mid- ices generally of a personal nature shipmen are employed. which are not provided by the Acad- (d) Berthing and messing. While emy. Additional deposits, as prescribed aboard ship, midshipmen shall be in Academy regulations, are required berthed in single-occupancy rooms or to be made in subsequent years. Fail- in rooms with other midshipmen in ure to make any required deposit will that part of the vessel designated for result in denial of admission, suspen- licensed officers (or in first-class pas- sion or disenrollment.

§ 310.63 Uniforms and textbooks. The Academy shall supply mid- shipmen uniforms and textbooks in ac- cordance with Academy regulations.

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§ 310.64 Privileges. serve in one of the following categories (a) Midshipmen may be granted a immediately after graduation: leave of absence of approximately four (i) Sail on his or her license at sea for (4) weeks after completing each of the not less than six (6) months each year first, second and third years of train- for three (3) consecutive years; or ing. (ii) Sail on his or her license at sea (b) Classes and exercises are sus- for not less than four (4) months each pended on New Year’s Day, Washing- year for four (4) consecutive years; or ton’s Birthday, Memorial Day, Inde- (iii) Apply for and serve on active pendence Day, Labor Day, Columbus duty for training on board a U.S. Navy Day, Veterans’ Day, Thanksgiving Day, ship for a minimum period of thirty Christmas Day and such other days as (30) consecutive days each year for a may be designated by the President as period of three (3) consecutive years, holidays for Federal employees. and be either employed ashore for the (c) Midshipmen may be granted ap- balance of each year in some phase of proximately 2 weeks leave during the the maritime industry or engaged in period which includes Christmas Day full-time graduate studies related to and New Year’s Day. the maritime field; or (d) Liberty and other privileges are (iv) Apply for and serve on full-time granted to midshipmen meriting them active duty as a commissioned officer under Academy regulations. in a uniformed service of the United (e) Relatives and friends of mid- States for a period of 3 consecutive shipmen may visit at the Academy dur- years. ing such ours as the Superintendent (b) Classes enrolled after April 1, 1982. may prescribe. (1) A midshipman will be graduated (f) There shall be a Ship’s Service from the Academy upon the successful Store maintained as a non-appro- attainment of the following require- priated fund activity at the Academy ments: primarily to serve the needs of the (i) Completion of the required course midshipmen. of study; (ii) Fulfillment of the requirements § 310.65 Graduation. for a license as an officer in the mer- (a) Classes enrolled prior to April 1, chant marine of the United States; 1982. (1) A midshipman will be grad- (iii) Application for an appointment, uated from the Academy upon the suc- and acceptance if tendered of an ap- cessful attainment of the following re- pointment, as a commissioned officer quirements: in the USNR (including the Merchant (i) Completion of the required course Marine Reserve, USNR), the U.S. Coast of study; Guard Reserve, or any other Reserve (ii) Fulfillment of the requirements component of an armed force of the for a license as an officer in the mer- United States; and, chant marine of the United States; (iv) Compliance with the prescribed (iii) Filing for a commission in the midshipman disciplinary and honor USNR (including the Merchant Marine systems. Reserve, USNR); and (2) Graduates receive the degree of (iv) Compliance with the prescribed Bachelor of Science and a U.S. Coast midshipman disciplinary and honor Guard license either as third officer or systems. third assistant engineer or both. They (2) Graduates receive the degree of also may be commissioned as a reserve Bachelor of Science and a U.S. Coast officer in an armed force as described Guard license either as third officer or in paragraph (b)(1) of this section. third assistant engineer or both. They (3) The service obligation incurred by also may be granted commissions as graduates is prescribed in § 310.58 of Ensign, USNR (including the Merchant this subpart. Marine Reserve, USNR) by the Depart- ment of the Navy. § 310.66 Foreign students. (3) In return for the education re- (a) Appointments from the Trust Terri- ceived at Government expense, each tory of the Pacific Islands. The Adminis- applicant shall sign an agreement to trator may permit, upon designation

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by the Secretary of the Interior, indi- obtaining the necessary designation by viduals from the Trust Territory of the the Department of the Interior in the Pacific Islands to receive instruction case of candidates from the Trust Ter- at the Academy. Not more than 4 such ritory of Pacific Islands under para- individuals may receive instruction at graph (a) of this section, the nomina- any one time. Residents of the Trust tion of the Governor of the Northern Territory of the Pacific Islands are nei- Mariana Islands under paragraph (b) of ther citizens nor nationals of the this section, the nomination of a des- United States. ignee of the President in the case of (b) Appointments from the Northern candidates from nations located in the Mariana Islands. The Governor of the Western Hemisphere under paragraph Northern Mariana Islands may nomi- (c) of this section, and the approval of nate individuals for one position each the Department of State in the case of year allocated to residents of the candidates from nations other than the Northern Mariana Islands. Such resi- United States under paragraph (d) of dents are neither citizens nor nationals this section. In addition, the Can- of the United States. didate’s Sponsor shall furnish to the (c) Appointments from nations located Admissions Office of the Academy a re- in the Western Hemisphere. The Presi- port as to the candidate’s proficiency dent may designate individuals from in the use of idiomatic English. nations located in the Western Hemi- (f) Admissions Procedure—(1) Applica- sphere, other than the United States, tions. Applications for enrollment of to receive instruction at the Academy. foreign students shall be processed Not more than 12 individuals may re- through the appropriate diplomatic ceive instruction under this paragraph channels of the applicant’s country and at any one time, and not more than 2 the appropriate offices in the United individuals receiving instruction under States Departments of State or of the this paragraph at any one time may be Interior, whichever is applicable. Ap- from the same nation. The Secretary plications shall reach the appropriate may allow, upon approval of the Sec- office of the United States Government retary of State, additional individuals by January 1 of the year in which ad- from the Republic of Panama to re- mission is sought. After endorsement ceive instruction at the Academy on a by the authorized official of the United reimbursable basis. States Government, the application (d) Appointments from nations other will be forwarded promptly to the than the United States. In addition to Academy’s Admissions Office. the appointments under paragraphs (a), (b) and (c) of this section, the Adminis- (2) Qualifications. Each candidate trator, with the approval of the Sec- shall: retary of State, may permit individuals (i) Be a bona fide citizen of the coun- from any nations other than the try transmitting the application and United States to receive instruction at meet the requirements as to age and the Academy. Not more than 30 such character set forth in § 310.54 of this individuals may receive instruction at subpart; any one time. (ii) Possess the physical qualifica- (e) Candidate Sponsors. A representa- tions, specified in § 310.56 of this sub- tive of the Administration or a diplo- part, and undergo a physical examina- matic representative of the United tion as arranged by the Academy’s Ad- States in the candidate’s country of missions Office; residence will be designated as the (iii) Be proficient in reading, writing Candidate’s Sponsor. It will be the re- and speaking idiomatic English; and, sponsibility of the Candidate’s Sponsor (iv) Satisfy the following scholastic to act as liaison with the appropriate requirements: officials of the candidate’s country of (A) Meet the minimum qualifying residence and to coordinate all activi- scores on the entrance examinations as ties, including funding arrangements, specified in § 310.55 of this subpart. entrance examinations, medical exami- When available, special foreign lan- nations, country clearances, travel pa- guage College Board examinations may pers, transportation to the Academy, be substituted for the College Board or

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American College Testing Program ex- (h) Uniforms, textbooks and allowances. aminations. Detailed certificates cov- The Academy shall provide to foreign ering schoolwork of foreign students students receiving instruction at the are required. Transcripts shall be sub- Academy all required uniforms and mitted in the English language. textbooks and allowances for transpor- (B) Submit a certificate from his or tation as are provided to citizen mid- her Government that he or she is con- shipmen. versant with the literature of his or (i) Rules and regulations. Subject to her native country and that he or she such exceptions as shall be jointly has completed a course in the lit- agreed to by the Administrator and the erature of his or her native language Secretary of the Interior with respect generally equivalent to two (2) years of to individuals from the Trust Territory secondary schoolwork in literature in of the Pacific Islands, foreign students, the United States. In lieu of this cer- including students from the Northern tificate, a candidate may produce evi- Mariana Islands, receiving instruction dence of having acquired the units for at the Academy shall be subject to the literature from accredited United same rules and regulations governing States schools. admission, attendance, discipline, res- (g) Cost of instruction. Students ad- ignation, discharge, dismissal and mitted to the Academy pursuant to graduation as citizen midshipmen; but paragraphs (a), (b) and (c) of this sec- such persons shall not be entitled to tion shall be subject only to the same hold any license authorizing service on fees as are paid by citizen midshipmen. any merchant vessel of the United The cost of instruction (including the States solely by reason of graduation same allowances as received by mid- from the Academy. shipmen at the Academy appointed (j) Oath. In lieu of the oath of alle- from the United States) for students giance to the United States, a sub- admitted to the Academy under para- stitute oath shall be required of stu- graph (d) of this section must be reim- dents who are not citizens of the bursed to the Administrator by the na- United States, as follows: tion from which the student comes. Such reimbursement shall be the incre- ‘‘I, lll, a citizen of lll, aged l years mental cost of providing the instruc- and l months, having been appointed to re- ceive instruction at the U.S. Merchant Ma- tion to each of such foreign students rine Academy, do solemnly swear (or affirm) (including the cost of allowances). The to comply with all regulations of the U.S. amount of reimbursement shall be es- Merchant Marine Academy and to give my tablished by the Academy separately utmost efforts to accomplish satisfactorily for each entering class and each upper the required curriculum with the full knowl- class prior to January 1 of the year in edge that I shall be disenrolled from the U.S. which the academic year begins and Merchant Marine Academy if deficient in will be payable annually in advance of conduct, health or studies.’’ commencement of the academic year. [47 FR 21812, May 20, 1982, as amended at 60 Instructions as to payment procedures FR 44439, Aug. 28, 1995] will be provided with the statement of the amount to be reimbursed. Students § 310.67 Academy regulations. admitted to the Academy pursuant to The Superintendent of the Academy paragraph (d) of this section shall pay is delegated authority to issue all regu- the same fees paid by citizen mid- lations necessary for the accomplish- shipmen. ment of the Academy’s mission.

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