SUMMARY: The Maritime Administration (MARAD) is amending its regulations for the admission and training of midshipman at the United States Merchant Marine Academy to conform them to changes in the law. The amendments are with respect to the nomination and admission to the Academy of persons from American Samoa and Panama and the authority of the Secretary of Transportation to recover from graduates of the Academy costs of their education if they fail to fulfill certain conditions of their service obligations. EFFECTIVE DATE: August 28, 1995. FOR FURTHER INFORMATION CONTACT: Crawford Ellerbe, Academy Program Analyst, Office of Maritime Labor and Training, Maritime Administration, Department of Transportation, 400 Seventh Street SW., Room 7302, Washington, DC 20590, Telephone: (202) 366-2643. SUPPLEMENTARY INFORMATION:This rulemaking amends MARAD regulations applicable to the U.S. Merchant Marine Academy (USMMA) to implement provisions of Pub.L. 101-595, as follows: (1) It recognizes that there is now a Delegate to the House of Representatives from American Samoa who may appoint persons to the Academy. Previously, the Governor of American Samoa had been authorized to appoint persons to the Academy until a delegate to the House of Representatives from American Samoa took office. (2) It reflects the added authority of the Secretary of Transportation (Secretary) to exercise discretion to recover from USMMA graduates the Federal Government's costs for their education if they fail to fulfill certain conditions of their service obligation. Previously, the only consequence of a breach of contract by USMMA graduates was that they be ordered to active military service. (3) It also recognizes the authority of the Secretary of Transportation to allow an unlimited number of Panamanians to be admitted to the Academy on a reimbursable basis. Previously, the Secretary had been limited to allowing six appointments annually, on a reimbursable basis. Rulemaking Analysis and Notices Executive Order 12866 (Federal Planning and Review) and DOT Regulatory Policies and Procedures. This rulemaking is not considered to be an economically significant regulatory action under section 3(f) of E.O. 12866, and it is not considered to be a significant rule under the Department's Regulatory Policies and Procedures. (44 FR 11034, February 26, 1979). Accordingly, it was not reviewed by the Office of Management and Budget. A full regulatory evaluation is not required since this rule provides for regulatory costs that are allowed by statute, within the discretion of the Secretary of Transportation. MARAD has determined that this rulemaking presents no substantive issue which it could reasonably expect would produce meaningful public comment since it merely recognizes changes in the law with respect to the nomination process for the USMMA and the discretion granted to the Secretary to recover costs of education at the USMMA from persons who did not fulfill their service obligations. Accordingly, pursuant to the Administrative Procedure Act, 5 U.S.C. 553(c) and (d), MARAD finds that good cause exists to publish this as a final rule, without opportunity for public comment, and to make it effective on the date of publication. Federalism The Maritime Administration has analyzed this rulemaking in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that it does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act The Maritime Administration certifies that this rulemaking will not have a significant economic impact on a substantial number of small entities. Environmental Assessment The Maritime Administration has considered the environmental impact of this rulemaking and has concluded that an environmental impact statement is not required under the National Environmental Policy Act of 1969. Paperwork Reduction Act This rulemaking contains no reporting requirement that is subject to OMB approval under 5 CFR part 1320, pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et seq.). List of Subjects in 46 CFR Part 310 Education, Grant programs, Seamen. PART 310--MERCHANT MARINE TRAINING [AMENDED] Accordingly, MARAD hereby amends 46 CFR part 310, subpart C as follows: 1. The authority citation continues to read as follows: Authority: Secs. 204(b), 1301-1308, Merchant Marine Act, 1936, as amended, (46 App. U.S.C. 1114(b), 1295-1295g); 49 CFR 1.66. Sec. 310.53 [Amended] 2. Section 310.53(a) is amended as follows: a. In paragraph (a)(1) by removing the text beginning with the words, ``the Governor of American Samoa'', preceding the word ``may'', and inserting in lieu thereof the words, ``the Delegate to the House of Representatives from American Samoa.'' b. In paragraph (a)(2) in the table by amending the entry for American Samoa by revising the entry under the heading ``To be nominated by--'' to read ``The Delegate to the House of Representatives representing American Samoa.'' Sec. 310.58 [Amended] 3. Section 310.58 is amended in paragraph (e)(2) by adding at the end thereof the following sentence. ``If the Secretary of Defense is unable or unwilling to order an individual to active duty, the Secretary of Transportation may recover from the individual the cost of education provided by the Federal Government by requesting the Attorney General to begin court proceedings to recover the costs of that education.'' Sec. 310.66 [Amended] 4. Section 310.66 is amended in paragraph (c) by adding at the end thereof the following sentence: ``The Secretary may allow, upon approval of the Secretary of State, additional individuals from the Republic of Panama to receive instruction at the Academy on a reimbursable basis.'' Dated: August 22, 1995. By Order of the Maritime Administrator. Joel Richard, Secretary, Maritime Administration. [FR Doc. 95-21194 Filed 8-25-95; 8:45 am] BILLING CODE 4910-81-P
Merchant Marine Training
The Maritime Administration (MARAD) is amending its regulations for the admission and training of midshipman at the United States Merchant Marine Academy to conform them to changes in the law. The amendments are with respect to the nomination and admission to the Academy of persons from American Samoa and Panama and the authority of the Secretary of Transportation to recover from graduates of the Academy costs of their education if they fail to fulfill certain conditions of their service obligations.