[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Rules and Regulations]
[Pages 74454-74455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27334]



[[Page 74454]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 310

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


Deferment of Service Obligations of Midshipmen Recipients of 
Scholarships or Fellowships

AGENCY: Maritime Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adopts as final, without change, the interim final 
rule published in the Federal Register (69 FR 29079) on May 20, 2004. 
This final rule amends the Maritime Administration's (MARAD's) 
regulations so that the Maritime Administrator's authority to defer 
service obligations of United States Merchant Marine Academy (USMMA) 
midshipmen recipients of scholarships or fellowships of national 
significance is not conditioned on enrollment in postgraduate marine or 
maritime-related courses of study.

DATES: This final rule is effective on December 14, 2004.

ADDRESSES: This final rule is available for inspection and copying 
between 10 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays at the Docket Clerk, U.S. DOT Dockets, Room PL-401, Department 
of Transportation, 400 7th St., SW., Washington, DC 20590. An 
electronic version of this document along with all documents entered 
into this docket are available on the World Wide Web at http://dms.dot.gov.

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

SUPPLEMENTARY INFORMATION: 46 App. U.S.C. 1295b(e)(5) states that the 
Maritime Administrator, relying on a delegation of authority from the 
Secretary may defer the service obligation of any student graduating 
from the USMMA for up to two years provided that student is enrolled in 
an approved course of study.
    46 CFR 310.58(g) states that the Maritime Administrator may grant a 
deferment of a service obligation contract, for up to two years only 
for graduate students enrolled in a marine or maritime-related graduate 
course of study approved by the Administrator.
    The differences in the terms of 46 App. U.S.C. 1295b(e)(5) and 46 
CFR 310.58 may hinder midshipmen with superior credentials from 
pursuing postgraduate scholarships and fellowships. Specifically, since 
service obligations may be deferred only if postgraduate course work 
involves a marine or maritime-related course of study, graduate studies 
are limited.
    The Administrator's discretion to defer the service obligations of 
USMMA midshipmen recipients of scholarships is not limited by the U.S. 
Code. Therefore, we are amending 46 CFR 310.58(g) to reflect the terms 
of 46 App. U.S.C. 1295b(e)(5) so that the amended regulation will not 
condition the Administrator's ability to defer the service obligations 
of recipients of scholarships and fellowships of national significance 
on enrollment in a marine or maritime-related course of study.
    On May 20, 2004, MARAD published the interim final rule that 
preceded this action in the Federal Register (69 FR 29079). While MARAD 
solicited public comments on the interim rule, no comments were 
received. Accordingly, MARAD adopts the interim final rule as a final 
rule without change.

Rulemaking Analyses and Notices

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

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

Administrative Procedure Act

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

Federalism

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

Regulatory Flexibility

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

Executive Order 13175

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

Environmental Assessment

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

Paperwork Reduction Act

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

Unfunded Mandates Reform Act of 1995

    This final rule will not impose an unfunded mandate under the 
Unfunded

[[Page 74455]]

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

List of Subjects in 46 CFR Part 310

    Federal Aid Programs, Reporting and recordkeeping requirements, 
Schools, Seamen.

Interim Rule Adopted as Final Without Change

0
Accordingly, MARAD adopts the interim final rule amending 46 CFR part 
310 that was published in the Federal Register on May 20, 2004 (69 FR 
29079) as a final rule without change.

    By Order of the Maritime Administrator.

    Dated: December 9, 2004.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 04-27334 Filed 12-13-04; 8:45 am]
BILLING CODE 4910-81-P