#### § 310.53 Nominations and vacancies.

(a) *Nominating officials.*

(1) Each Senator and Member of the House of Representatives (including delegates from Guam, the Virgin Islands and the District of Columbia and the Resident Commissioner from Puerto Rico), the Panama Canal Commission, the Governor of the Northern Mariana Islands, and the Delegate to the House of Representatives from American Samoa may nominate ten (1) candidates to compete for admission to the Academy.

(2) In accordance with the Act (46 U.S.C. 1295b (b)(1)), nominating officials may only nominate candidates who are residents of the State or other geographic area which the particular nominating official represents, as follows:

| The candidate must be a resident of— | To be nominated by— |
| --- | --- |
| The State | A Member of the U.S. Senate representing that State. |
| The State | A Member of the U.S. House of Representatives whose Congressional District is located in that State. |
| Guam | The Delegate to the U.S. House of Representatives representing Guam. |
| Virgin Islands | The Delegate to the U.S. House of Representatives representing the Virgin Islands. |
| District of Columbia | The Delegate to the U.S. House of Representatives representing the District of Columbia. |
| Commonwealth of Puerto Rico | The Resident Commissioner to the United States from Puerto Rico. |
| American Samoa | The Delegate to the House of Representatives representing American Samoa. |
| Any area or installation located in the Republic of Panama which is made available to the United States pursuant to the (i) the Panama Canal Treaty of 1977, (ii) the agreements relating to and implementing the Treaty signed September 7, 1977, and (iii) the Agreement between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded January 8, 1979; *Provided,* That no residence in the Republic of Panama is required if nomination is due to his or her parent's employment in the Panama Canal or in the Republic of Panama by the United States Government or the Panama Canal Commission | Panama Canal Commission. |
| Northern Mariana Islands | Governor of the Northern Mariana Islands. |
| Trust Territory of the Pacific Islands | Secretary of the Interior. |

(3) Individuals must be residents of the Trust Territory of the Pacific Islands to qualify for designation by the Secretary of the Interior.

(4) Nominating officials may select nominees, and the Secretary of the Interior may select designees, by any method they wish, including a screening examination.

(5) Candidates from nations other the United States must be nominated by an official of their home government and have their applications approved by the United States Government official specified in § 310.66 (a), or (c) or (d).

(b) *Vacancies.*

(1) The number of vacancies in each entering class allocated to each State is in proportion to the representation in Congress from that State.

(2) In each entering class, two vacancies shall be allocated each year for individuals nominated by the Panama Canal Commission; one vacancy each to nominees from Puerto Rico, Guam, Virgin Islands, Northern Marian Islands and American Samoa; and four vacancies to nominees from the District of Columbia.

(3) Not to exceed four (4) individuals at any one time may be admitted from the Trust Territory of the Pacific Islands and twelve (12) individuals from nations located in the Western Hemisphere, other than the United States, but not more than two (2) individuals from any one of such nations shall receive training at the same time.

(4) The Administrator may permit, upon approval of the Secretary of State, not more than thirty (30) individuals at one time from nations other than the United States to receive instruction at the Academy, subject to the condition that the foreign nations reimburse the Administrator for the cost of such training.

(5) The distribution of each entering class by State is:

Alabama4

Alaska1

Arizona3

Arkansas2

California19

Colorado4

Connecticut4

Delaware1

Florida10

Georgia5

Hawaii2

Idaho2

Illinois9

Indiana3

Iowa4

Kansas3

Kentucky2

Louisiana4

Maine2

Maryland5

Massachusetts5

Michigan7

Minnesota3

Mississippi3

Missouri3

Montana2

Nebraska2

Nevada2

New Hampshire2

New Jersey6

New Mexico2

New York15

North Carolina6

North Dakota1

Ohio8

Oklahoma2

Oregon3

Pennsylvania10

Rhode Island2

South Carolina4

South Dakota1

Tennessee4

Texas13

Utah2

Vermont1

Virginia5

Washington5

West Virginia2

Wisconsin4

Wyoming1

(6) The distribution of each entering class otherwise provided under the Act is:

Northern Mariana Islands1.

Puerto Rico1.

District of Columbia4.

Republic of Panama2.

Guam1.

American Samoa1.

Virgin Islands1.

AdministratorNot to exceed 40.

(7) The distribution of students provided for under the Act without reference to entering class is:

| | Not to exceed at any one time |
| --- | --- |
| Trust Territory of the Pacific Islands | 4 |
| Western Hemisphere nations (other than U.S.) | 12 |
| Foreign nations | 30 |

(c) *Request for nomination.* A person interested in admission to the Academy who feels that he or she meets the requirements in this subpart should request a nomination from his or her Senator or Representative or other appropriate nominating official listed in paragraph (a) of this section.

(d) *Date for nominations.* The nominating official will send a nomination form for each nominee to the Admissions Office, U.S. Merchant Marine Academy, Kings Point, Long Island, New York 11024, normally between August 1 and December 31 of the school year preceding that in which admission to the Academy is desired.

(e) *Appointments.*

(1) The Administrator shall make appointments to fill the vacancies allocated pursuant to paragraph (b) of this section from among qualified nominees, in order of merit, from each geographical area. The order of merit shall be established according to the procedure as specified in § 310.57(b). Such appointments first shall be made from among residents of each geographic area listed in paragraph (b) of this section. Thereafter, appointments shall be made from among residents of each geographic area listed in paragraph (b) of this section. Thereafter appointments shall be made from among remaining qualified nominees (national alternates) in order of merit regardless of the area of residence.

(2) The Administrator may appoint, without competition, not more than forty (40) qualified citizens who possess qualities deemed to be of special value to the Academy. In making these appointments, the Administrator shall give special consideration to achieving a national demographic balance and to recognizing individuals with qualities deemed to be of special value to the Academy.

[47 FR 21812, May 20, 1982, as amended at 51 FR 17741, May 15, 1986; 60 FR 44438, Aug. 28, 1995]