This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

31707 

Vol. 87, No. 101 

Wednesday, May 25, 2022 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 998 

[Docket No. 220408–0088] 

RIN 0648–BL11 

Appointment of Officer Candidates and 

Obligated Service Requirements of 

Officers of the National Oceanic and 

Atmospheric Administration 

Commissioned Officer Corps 

AGENCY: Office of Marine and Aviation 

Operations (OMAO), National Oceanic 

and Atmospheric Administration 

(NOAA), U.S. Department of Commerce. 

ACTION: Final rule. 

SUMMARY: On December 23, 2020, the 

President signed into law the National 

Oceanic and Atmospheric 

Administration Commissioned Officer 

Corps Amendments Act of 2020, which 

amended statutory authorities relating 

to the appointment, promotion, benefits, 

obligations, and separation of 

commissioned officers of the National 

Oceanic and Atmospheric 

Administration Commissioned Officer 

Corps (NOAA Corps). This final rule 

provides regulations governing the 

qualifications, selection, appointment, 

terms of service, pay of officer 

candidates, and service obligations of 

the NOAA Corps. 

DATES: This rule is effective June 24, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Zachary Cress, NOAA Corps, 

OMAO Strategic Management Division, 

301–713–1045. 

SUPPLEMENTARY INFORMATION: 

Background 

The NOAA Corps is one of the 

Nation’s eight uniformed services and 

was established as the U.S. Coast and 

Geodetic Survey Corps on May 22, 1917. 

The NOAA Corps is composed of a 

cadre of professionals trained in 

engineering, earth sciences, 

oceanography, meteorology, fisheries 

science, and other related disciplines. 

NOAA Corps officers operate NOAA’s 

fleet of ships, aircraft, and uncrewed 

systems, conduct diving operations, and 

serve in staff and leadership positions 

throughout NOAA. NOAA Corps 

officers use the same naval 

commissioned officer ranks as the U.S. 

Navy and U.S. Coast Guard and receive 

the same pay and benefits as members 

of the other uniformed services as 

authorized by Title 37 of the U.S. Code. 

National Oceanic and Atmospheric 

Administration Commissioned Officer 

Corps Amendments Act of 2020 

The National Oceanic and 

Atmospheric Administration 

Commissioned Officer Corps 

Amendments Act of 2020 (NCAA) 

revised provisions related to the NOAA 

Corps. (33 U.S.C. 3001 et seq.). The 

NCAA sets forth new requirements for 

the NOAA Corps including 

requirements concerning commissioned 

grades and operational strength 

numbers, obligated service, training and 

physical fitness, education loan 

assistance, recruitment, appointment 

and promotions, separation and 

retirement, sexual harassment and 

assault prevention, and other workforce 

issues. 

Officer Candidate Appointments and 

Obligated Service Requirements 

The majority of NOAA Corps officers 

must complete NOAA’s Basic Officer 

Training Class (BOTC), which is 

administered by the NOAA Corps 

Officer Training Center and co-located 

with the U.S. Coast Guard Officer 

Candidate School, before reporting for 

their first active duty assignment. 

Currently, all officer candidates 

attending BOTC receive a temporary 

appointment as ensign (pay grade O–1) 

prior to receiving a permanent 

appointment as ensign, rather than a 

temporary officer candidate rank similar 

to other uniformed services. 

33 U.S.C. 3034 authorizes the 

Secretary to assign a temporary officer 

candidate rank to individuals enrolled 

in BOTC and under consideration for an 

original appointment as an officer upon 

graduation from BOTC. Each officer 

candidate would be required to sign an 

agreement with the Secretary regarding 

the officer candidate’s term of service in 

the NOAA Corps and agree to accept an 

appointment after graduating from 

BOTC, if tendered, and serve for four 

years immediately after receiving such 

appointment. Officer candidates who do 

not fulfill the term of service in the 

NOAA Corps would be subject to 

repayment requirements described in 33 

U.S.C. 3006. Officer candidates enrolled 

in BOTC would be entitled to pay at 

rates equal to the basic pay of an 

enlisted member in the pay grade of 

E–5 with less than 2 years of service, 

rather than the pay grade of O–1, as 

authorized by 37 U.S.C. 203(f). 

33 U.S.C. 3006 authorizes the 

establishment of obligated service 

requirements of NOAA Corps officers 

for appointments, training, promotions, 

separations, continuations, and 

retirements of officers not otherwise 

covered by law, and it requires the 

Secretary and officers to enter into 

written agreements describing the 

officers’ obligated service requirements. 

This section authorizes the Secretary to 

require an officer who fails to meet the 

service requirements to reimburse the 

Secretary in an amount that bears the 

same ratio of the total costs of training 

provided to that officer as the unserved 

portion of active duty bears to the total 

period of active duty the officer agreed 

to serve. 

33 U.S.C. 3071 applies certain 

provisions of Title 10 to members of the 

NOAA Corps. In particular, 

§ 3071(a)(22) applies to NOAA Corps 

officers the provisions of 10 U.S.C. 

2005, relating to advanced education 

assistance, active duty agreements, and 

reimbursement requirements, including 

the repayment provisions of 37 U.S.C. 

303(e) and 373. 

Pursuant to the requirements of the 

NCAA, OMAO is promulgating these 

regulations to govern the process by 

which officer candidates are selected 

and appointed. Under these regulations, 

NOAA Corps personnel boards will 

review applicants and provide 

recommendations to the Secretary of 

Commerce. Selected applicants will sign 

a written agreement with the Secretary 

regarding their terms of service, 

including the requirements to complete 

BOTC, accept an appointment as ensign 

upon graduation, if offered, and to then 

serve in the NOAA Corps for 4 years. 

Officer candidates or former officer 

candidates who do not meet these terms 

of service will be considered to be in 


lotter on DSK11XQN23PROD with RULES1
31708 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

breach of their written agreement with 

the Secretary and subject to repayment 

requirements for the cost of their 

training. 

These regulations also govern other 

obligated service requirements of NOAA 

Corps officers that are subject to 

repayment requirements. Under these 

regulations, NOAA Corps officers will 

be required to enter into written 

agreements with the Secretary to 

continue to serve for specified periods 

in exchange for training or education. In 

general, training greater than 60 days in 

length but less than 1 year will incur an 

active duty service obligation equal to 

three times the length of training. These 

regulations also provide fixed-term 

active duty service obligations for 

certain operational training, such as 

fixed-wing multi-engine pilot training. 

Officer candidates, former officer 

candidates, and active duty NOAA 

Corps officers who do not meet the 

terms of their written agreements for 

BOTC, or other training or education, or 

who become unqualified for continued 

service in the NOAA Corps, will be 

subject to repayment and required to 

reimburse the government in an amount 

proportional to the amount of time left 

on their service obligation, unless 

waived by the Secretary. Under these 

regulations, an obligation to reimburse 

the government is a debt owed to the 

United States, and a discharge in 

bankruptcy does not discharge the 

individual from such debt. 

The Secretary may waive service 

obligations for original appointments, 

NOAA Corps or officer training, and 

undergraduate assistance programs if 

the officer becomes unqualified to serve 

based on circumstances not within 

control of the officer, or they become 

physically disqualified because of a 

condition that was not the result of 

misconduct. The Secretary may also 

waive service obligations for civilian 

training or education of officers who fail 

to satisfy their eligibility requirements if 

the Secretary determines that the 

required repayment would be contrary 

to personnel policy, against equity and 

good conscience, or contrary to the best 

interest of the United States. 

These regulations will take effect June 

24, 2022. 

Classification 

Pursuant to 5 U.S.C. 553(a)(2), the 

provisions of the Administrative 

Procedure Act requiring notice of 

proposed rulemaking and the 

opportunity for public participation are 

inapplicable to this final rule because 

this rule falls within the agency 

management and personnel exception as 

it strictly regulates NOAA Corps 

personnel, addresses internal agency 

management, and affects only persons 

outside the agency through the 

formulation of hiring standards. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

This regulation is exempt from the 

notice and comment provisions of the 

APA. Therefore, the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. Accordingly, no 

Regulatory Flexibility Analysis is 

required and none has been prepared. 

This rule does not have any collection 

of information requirements under the 

Paperwork Reduction Act. 

List of Subjects in 15 CFR Part 998 

Government employees, Military 

personnel, Administrative practice and 

procedure. 

Date: May 4, 2022. 

Rear Admiral Nancy Lynn Hann, 

Director, NOAA Corps and Office of Marine 

and Aviation Operations. 

For the reasons set forth in the 

preamble, 15 CFR chapter IX is 

amended as follows: 

■ 1. Add part 998 to read as follows: 

PART 998—NATIONAL OCEANIC AND 

ATMOSPHERIC ADMINISTRATION 

COMMISSIONED OFFICER CORPS 

Sec. 

Subpart A—Administrative 

998.1 Definitions. 

Subpart B—Appointment of Officer 

Candidates of the Commissioned Officer 

Corps of the National Oceanic and 

Atmospheric Administration 

998.10 Appointments of officer candidates. 

998.11 Qualifications of officer candidates. 

998.12 Selection of officer candidates. 

Subpart C—Active Duty Service Obligations 

of NOAA Corps Officers 

998.20 Applicability. 

998.21 Purpose. 

998.22 Policy. 

998.23 Service obligations for original 

appointments. 

998.24 Service obligations for NOAA Corps 

or officer training and education. 

998.25 Service obligations for civilian 

training and advanced education. 

998.26 Computation of service obligations 

for NOAA Corps and officer training and 

civilian training and advanced 

education. 

998.27 Service obligations for 

undergraduate assistance programs. 

998.28 Notification and verification of 

active duty service obligations. 

998.29 Waivers or suspension of 

compliance. 

998.30 Repayment for failure to satisfy 

service requirements. 

Subpart A—Administrative 

Authority: 33 U.S.C. 3001 et seq. 

§ 998.1 Definitions. 

As used in this part: 

Administration means the National 

Oceanic and Atmospheric 

Administration (NOAA). 

Administrator means the Under 

Secretary of Commerce for Oceans and 

Atmosphere and NOAA Administrator. 

ADSO means active duty service 

obligation. 

Chain of command means the 

succession of commanding officers from 

a superior to a subordinate through 

which command is exercised, and the 

succession of officers or civilian 

personnel through whom administrative 

control is exercised, including 

supervision and rating of performance. 

Civilian training and advanced 

education means education or training 

above the secondary school level but 

does not include technical training 

(such as maritime and aviation training 

provided to a member to qualify such 

member to perform a specified military 

or operational function), workshops, or 

short-term training programs. 

Director means the Director of NOAA 

Corps and the Office of Marine and 

Aviation Operations. 

Officer candidate means an 

individual who is enrolled in the basic 

officer training program of the 

Administration and is under 

consideration for appointment as an 

officer under the appointment authority 

for graduates of the basic officer training 

program of the commissioned officer 

corps of the Administration (33 U.S.C. 

3021(a)(2)(A)). 

NOAA Corps means the 

commissioned officer corps of the 

National Oceanic and Atmospheric 

Administration. 

Secretary means the Secretary of 

Commerce. 

Written agreement means an 

agreement entered into between the 

Secretary and a NOAA Corps officer or 

officer candidate that describes the 

officer’s obligated service requirements 

in return for appointments, training, 

promotions, separations, continuations, 

and retirements as the Secretary 

considers appropriate. 

Subpart B—Appointment of Officer 

Candidates of the Commissioned 

Officer Corps of the National Oceanic 

and Atmospheric Administration 

Authority: 33 U.S.C. 3006, 3021, 3034; 37 

U.S.C. 203(f). 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 31709 

§ 998.10 Appointments of officer 

candidates. 

(a) The Secretary shall determine the 

number of appointments of officer 

candidates annually. 

(b) Applicants for an appointment as 

an officer candidate shall meet all 

qualifications described in § 998.11. 

(c) Selection and appointment of 

officer candidates shall be made 

according to the procedures described 

in § 998.12. 

(d) The Secretary may dismiss any 

officer candidate from the NOAA Corps 

Basic Officer Training Class who, during 

the candidate’s term as an officer 

candidate, the Secretary considers 

unsatisfactory in either academics or 

conduct, or not adapted for a career in 

the NOAA Corps. Officer candidates 

shall be subject to all rules governing 

discipline prescribed by the Director. 

(e) Each officer candidate shall sign 

an agreement with the Secretary 

regarding the officer candidate’s term of 

service in the NOAA Corps, which shall 

provide that the candidate agrees to: 

(1) Complete the course of instruction 

of the NOAA Corps Basic Officer 

Training Class; 

(2) Upon graduation from the Basic 

Officer Training Class program, accept 

an appointment, if tendered, to the 

grade of ensign; and 

(3) Serve on active duty in the NOAA 

Corps for at least four years immediately 

after such appointment. 

(f) An officer candidate or former 

officer candidate who is on active duty 

but who has not yet met their initial 

service obligation under paragraph (e)(3) 

of this section shall be considered to be 

in breach of their written agreement if 

they do not fulfill the terms of their 

service. 

(g) An individual found to be in 

breach of their written agreement shall 

be subject to the repayment provisions 

of § 998.30. 

§ 998.11 Qualifications of officer 

candidates. 

(a) Original appointments to the 

NOAA Corps are made based on the 

qualifications of individual applicants 

and the needs of the NOAA Corps. Each 

applicant must: 

(1) Be a citizen of the United States of 

good moral character; 

(2) Be able to obtain and maintain a 

security clearance level of Secret; 

(3) Meet physical and mental 

qualifications as the Secretary may 

direct, such as physical fitness, medical, 

dental, and mental examinations; 

(4) Hold a baccalaureate degree, 

preferably in a major course of study 

related to NOAA’s scientific or technical 

activities, awarded from an accredited 

postsecondary institution. All 

applicants, regardless of degree(s) 

awarded, must have completed at least 

48 semester (72 quarter) hours in math, 

science, or engineering coursework 

pertaining to NOAA’s mission unless 

waived by the Director based on the 

needs of the NOAA Corps; and 

(5) Have not twice failed selection for 

promotion in another uniformed 

service. 

(b) [Reserved] 

§ 998.12 Selection of officer candidates. 

(a) The Secretary shall prescribe the 

number of applicants to be selected for 

officer candidates and the basic 

qualifications necessary to fulfill the 

needs of the NOAA Corps. 

(b) A personnel board convened 

pursuant to 33 U.S.C. 3022 shall review 

all qualified applicants and make 

recommendations for appointment to 

the Secretary and the President. 

Applicants shall be rated on collegiate 

record, work experience, references, the 

report of the interviewing officer, and 

all other available information. 

(c) Upon review of the 

recommendations of the personnel 

board, the Secretary shall make those 

temporary appointments in the grade of 

officer candidate as deemed 

appropriate. An original appointment of 

an officer candidate, upon graduation 

from the Basic Officer Training Class 

program of the NOAA Corps, may not be 

made in any other grade than ensign. 

(d) Officer candidates receiving 

appointments as ensigns upon 

graduation from the Basic Officer 

Training Class program shall take rank 

according to their proficiency as shown 

by the order of their merit at date of 

graduation. 

Subpart C—Active Duty Service 

Obligations of NOAA Corps Officers 

Authority: 10 U.S.C. 2005; 33 U.S.C. 3006, 

3071(a)(22); 37 U.S.C. 303a(e), 373. 

§ 998.20 Applicability. 

This subpart applies to all active duty 

NOAA Corps officers and officer 

candidates. 

§ 998.21 Purpose. 

(a) This subpart establishes policies 

and procedures for the receipt, 

computation, and notice of ADSOs for 

all commissioned officers on the active 

duty lineal list. It also describes how 

multiple ADSOs incurred by the same 

officer are managed. 

(b) The ADSOs are intended to assist 

the NOAA Corps in: 

(1) Effectively managing its resources 

and workforce; 

(2) Accomplishing its assigned 

missions; 

(3) Maintaining an experienced and 

well-qualified officer force; and 

(4) Ensuring a reasonable return to the 

NOAA Corps following an expenditure 

of public funds. 

(c) Public funds are expended starting 

with the commissioning phase through 

the NOAA Corps Basic Officer Training 

Class and other commissioning 

programs. It continues when an officer 

enters active duty and enters training or 

education programs to qualify for 

specialized knowledge and skills. 

§ 998.22 Policy. 

(a) In general, individuals entering 

active duty in the NOAA Corps must 

complete at least four years of obligated 

service upon appointment. 

(b) NOAA Corps officers who 

complete Government-funded or 

-sponsored formal education and 

training programs shall incur an ADSO. 

Officers must fulfill ADSOs before they 

are eligible for voluntary separation. 

The Director may grant a waiver of the 

ADSO as described in § 998.29. Officers 

will not be further obligated beyond the 

dates that ADSOs are fulfilled without 

their written consent. Officers who 

attend NOAA Corps and officer training 

programs, or civilian courses of 

instruction as stated in this Subpart may 

incur an ADSO for up to six years upon 

completion or termination from the 

course(s). 

(c) All NOAA Corps officers shall 

enter into written agreements that 

describe the officer’s obligated service 

requirements prescribed in this subpart 

in return for such Government-funded 

or -sponsored education and training. 

The written agreement shall document 

the total cost of training that may be 

subject to the repayment provisions of 

§ 998.30. 

§ 998.23 Service obligations for original 

appointments. 

Officer candidates accepting an 

original appointment in the NOAA 

Corps upon graduation from the NOAA 

Corps Basic Officer Training Class as 

described in subpart B of this part shall 

incur an ADSO of 4 years. 

§ 998.24 Service obligations for NOAA 

Corps or officer training and education. 

(a) NOAA Corps officers who attend 

any NOAA Corps or uniformed service 

officer training or education whose 

course of instruction is longer than 60 

days or produces a duty under 

instruction officer evaluation report for 

long term training shall incur an ADSO 

to begin upon completion of the course 

or termination of attendance. If the 


lotter on DSK11XQN23PROD with RULES1
31710 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 

officer does not complete the NOAA 

Corps or officer training, the ADSO shall 

still apply. The ADSO shall be 

calculated according to § 998.26. For the 

purpose of determining ADSOs, all 

aviation and maritime training longer 

than 60 days, not including the Basic 

Officer Training Class, shall be 

considered to be NOAA Corps or officer 

training. Exceptions to the computation 

standards in § 998.26 for NOAA Corps 

and officer training are as follows: 

(1) Officers who attend initial fixedwing multi-engine flight training shall 

incur a six-year ADSO upon completion 

of the course or termination of 

attendance; 

(2) Officers who attend heavy aircraft 

flight training for the first time shall 

incur a four-year ADSO upon 

completion of the course or termination 

of attendance; 

(3) Officers who attend heavy aircraft 

flight training for a second time for the 

purpose of qualification on new 

airframes shall incur a three-year ADSO 

upon completion of the course or 

termination of attendance; 

(4) Officers who attend a test pilot 

school longer than six months 

(including the U.S. Naval Test Pilot 

School and U.S. Air Force Test Pilot 

School) shall incur a four-year ADSO 

upon completion of the course or 

termination of attendance; and 

(5) Officers selected as candidates for 

the National Aeronautics and Space 

Administration Astronaut Corps shall 

incur a three-year ADSO upon the 

conclusion of their detail and return to 

the NOAA Corps. 

(b) Concurrent obligations. An ADSO 

incurred under this section shall be 

served concurrently with an ADSO 

previously incurred under any other 

section of this part, or any other 

provision of law, except as provided for 

officers on active duty entering into an 

agreement for education loan repayment 

under § 998.27(a). When a newly 

incurred ADSO under this section is to 

be served concurrently with an existing 

ADSO, the obligated period will be 

equal to the length of the longest 

remaining obligation. The 

Commissioned Personnel Center will 

track each ADSO independently and 

notify the officer when each is fulfilled. 

(c) Consideration of NOAA Corps and 

officer training toward fulfillment of 

other service obligations. Time spent in 

NOAA Corps or officer training is 

considered active duty service and shall 

be credited toward fulfilling an ADSO 

previously incurred under any other 

section of this part, or any other 

provision of law. 

§ 998.25 Service obligations for civilian 

training and advanced education. 

(a) Full-time courses. Officers who 

attend full-time courses at civilian 

institutions that are fully funded by 

NOAA for more than 60 days will incur 

an ADSO to begin upon completion of 

the course or termination of attendance. 

One ADSO will be incurred per written 

agreement for training or education, as 

provided under § 998.22. If the officer 

does not complete the course of 

instruction, the ADSO shall still apply. 

The ADSO shall be calculated according 

to § 998.26. 

(b) Part-time courses. Officers who 

participate in part-time courses at 

civilian institutions that are fully 

funded by NOAA for more than 60 days 

will incur an ADSO upon completion of 

the course or termination of attendance. 

One ADSO will be incurred per written 

agreement for training or education, as 

provided under § 998.22. If the officer 

does not complete the course of 

instruction, the ADSO shall still apply. 

The ADSO will equal the length of 

training or education, computed in 

days. The length of training or 

education will be computed from the 

first day of instruction until the last day, 

to include breaks, weekends, holidays, 

and summers, regardless of whether the 

officer attended classes during those 

periods. 

(c) NOAA Leadership Competencies 

Development Program. NOAA Corps 

officers who participate in NOAA’s 

Leadership Competencies Development 

Program shall incur an ADSO of two 

years upon graduation from the 

program. 

(d) Voluntary disenrollment or 

disenrollment for poor performance. If 

an officer voluntarily terminates their 

enrollment or is required to disenroll 

due to poor performance in a program 

under this section, the ADSO will be 

based on what would have been the 

expected graduation date. 

(e) Disenrollment for mission needs. 

Each written agreement for civilian 

training or advanced education under 

this subpart shall provide that if an 

officer terminates enrollment because of 

a recall to meet urgent mission needs as 

determined by the Director, no ADSO 

will be incurred. 

(f) Consecutive obligations. ADSOs 

resulting from more than one written 

agreement for civilian education under 

this section are to be served 

consecutively. For example, an officer 

completing a NOAA-funded graduate 

certificate course of instruction under 

one written agreement followed by a 

NOAA-funded master’s degree under a 

second written agreement will incur 

multiple ADSOs to be served 

consecutively. The ADSOs will be 

calculated separately for each written 

agreement according to § 998.26. When 

a newly incurred ADSO is to be served 

consecutively with another, add the 

period of the new ADSO to the 

remaining portion of the existing ADSO. 

In cases where the compounded period 

of consecutive ADSOs exceeds six years, 

it will be capped at 6 years. 

(g) Concurrent obligations. An ADSO 

incurred under this section can be 

served concurrently with an ADSO 

previously incurred under any other 

section of this part or any other 

provision of law. When a newly 

incurred ADSO under this section is to 

be served concurrently with an existing 

ADSO under another section of this 

part, the officer’s total obligated period 

will be equal to the length of the longest 

remaining obligation. The 

Commissioned Personnel Center will 

track each ADSO independently and 

notify the officer when each is fulfilled. 

(h) Consideration of civilian 

education and training toward 

fulfillment of other service obligations. 

Time spent at a civilian education or 

training program is considered active 

duty service and shall be credited 

toward fulfilling an ADSO incurred 

under any other section of this part or 

any other provision of law. The time 

spent attending a civilian education or 

training program under one written 

agreement will not be credited toward 

fulfilling an existing ADSO for a 

previous civilian education or training 

program under a previous written 

agreement incurred under this section. 

§ 998.26 Computation of service 

obligations for NOAA Corps and officer 

training and civilian training and advanced 

education. 

Service obligations incurred under 

§ 998.24 and § 998.25(a) are computed 

as shown in this section, with the 

exception of fixed-period ADSOs as 

provided under § 998.24(a)(1) through 

(5). Officers may accumulate more than 

one ADSO from multiple obligating 

events. When an officer incurs an 

ADSO, compute the ADSO using the 

following rules: 

(a) For obligating events that require 

calculation: 

(1) For training greater than 60 days 

but equal to or fewer than 365 days: 

(i) Step 1. Count the number of 

calendar days of the course of 

instruction using the beginning and end 

dates of the course, including breaks, 

weekends, holidays, and summers, 

regardless of whether the officers 

attended classes during those periods. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Rules and Regulations 31711 

(ii) Step 2. Multiply the total found in 

Step 1 by three to get the total length of 

the ADSO in days. 

(iii) Step 3. Add the number of days 

found in Step 2 to the end date of the 

training to determine the date that the 

ADSO will expire. 

(iv) Example. An officer attends a 

semester-long civilian course of 

instruction that begins on January 1, 

2021, and ends on May 30, 2021. 

(A) Step 1. January 1, 2021 to May 30, 

2021 = 150 training days. 

(B) Step 2. 150 training days × 3 = 450 

days, or 1 year, 85 days ADSO length. 

(C) Step 3. May 30, 2021 + 450 days 

= August 23, 2022 ADSO expiration. 

(2) For training greater than 365 days: 

(i) Step 1. The first 365 days of 

training automatically incur three years 

ADSO. 

(ii) Step 2. Count the number of 

additional training days from the 366th 

day to the end date of the course, 

including breaks, weekends, holidays, 

and summers, regardless of whether the 

officers attended classes during those 

periods. 

(iii) Step 3. Add the number of days 

found in Step 2 to three years to 

determine the total ADSO length. 

(iv) Step 4. Add the total ADSO length 

found in Step 3 to the end date of the 

training to determine the date that the 

ADSO will expire. 

(v) Example. An officer attends a fulltime civilian postgraduate program that 

spans three academic years, beginning 

on September 1, 2021 and graduating on 

May 31, 2024. 

(A) Step 1. First year: September 1, 

2021 to August 31, 2022 = 3 year ADSO. 

(B) Step 2. Additional training time: 

September 1, 2022 to May 31, 2024 = 

639 days or 1 year, 274 days. 

(C) Step 3. 3-year ADSO + 639 days 

= 4 years, 274 days total ADSO length. 

(D) Step 4. May 31, 2024 + 4 years, 

274 days = March 1, 2029 ADSO 

expiration. 

(b) The officer will ensure that 

supporting documents for each event 

are submitted to the NOAA 

Commissioned Personnel Center for 

review and verification for accurate 

calculation of their ADSO. The length of 

the ADSO shall be identified in the 

written agreement with the officer 

described in § 998.22(c). 

§ 998.27 Service obligations for 

undergraduate assistance programs. 

(a) Education Loan Repayment 

Program. An individual who enters into 

a written agreement to serve on active 

duty in the NOAA Corps as part of an 

education loan repayment program 

authorized by 33 U.S.C. 3077 shall serve 

one year for each maximum annual 

amount or portion thereof paid on 

behalf of the individual for qualified 

loans. If an individual is on active duty 

when entering into the agreement and 

has an existing ADSO, the ADSO 

incurred under this subsection must be 

served consecutively to any other 

existing ADSO. If an individual is not 

on active duty when entering into an 

agreement, the ADSO under this 

paragraph (a) may be served 

concurrently with an ADSO incurred 

under § 998.23. ADSOs incurred under 

§ 998.24 and § 998.25 after an ADSO is 

incurred under this paragraph (a) may 

be served concurrently with the ADSO 

incurred under this paragraph (a). 

(b) Student Pre-Commissioning 

Assistance Program. An individual 

entering into a written agreement for 

pre-commissioning education assistance 

authorized by 33 U.S.C. 3079 shall agree 

to serve on active duty for: 

(1) Three years if the individual 

received fewer than three years of 

assistance; and 

(2) Five years if the individual 

received at least three years of 

assistance. 

(c) Concurrent obligations. An ADSO 

incurred under paragraph (b) of this 

section may be served concurrently with 

an ADSO incurred under §§ 998.23, 

998.24, and 998.25. 

§ 998.28 Notification and verification of 

active duty service obligations. 

NOAA Corps officers will be informed 

of their ADSOs under this part as 

indicated: 

(a) The NOAA Corps Commissioned 

Personnel Center shall— 

(1) Maintain and make available for 

review to the officer a copy of the 

written agreement specifying the length 

of service obligation incurred; and 

(2) Verify that officers meet the 

requirements of their written 

agreements and determine if a breach 

has occurred and, if so, notify the officer 

of such determination in writing. 

(b) [Reserved] 

§ 998.29 Waivers or suspension of 

compliance. 

(a) The Secretary may waive the 

service obligations of an officer incurred 

under § 998.23, § 998.24, and § 998.27 

who: 

(1) Becomes unqualified to serve on 

active duty in the NOAA Corps because 

of a circumstance not within the control 

of that officer; or 

(2) Is: 

(i) Not physically qualified for 

appointment; and 

(ii) Determined to be unqualified for 

service in the NOAA Corps because of 

a physical or medical condition that was 

not the result of the officer’s own 

misconduct or grossly negligent 

conduct. 

(b) The Secretary may waive the 

service obligations of an officer incurred 

under § 998.25 who fails to satisfy the 

eligibility requirements if the Secretary 

determines that the imposition of the 

repayment requirement and the 

termination of unpaid amounts of such 

assistance would be— 

(1) Contrary to personnel policy or 

management objective; 

(2) Against equity and good 

conscience; or 

(3) Contrary to the best interest of the 

United States. 

(c) With respect to a service obligation 

under § 998.27(a), the Secretary may 

relieve an officer’s ADSO and provide 

an alternative obligation at the 

discretion of the Secretary, the terms of 

which will be documented in a new 

written agreement. 

(d) The authorities provided in this 

part to grant waivers or exceptions will 

be referenced in all written agreements. 

§ 998.30 Repayment for failure to satisfy 

service requirements. 

(a) An officer who fails to satisfy 

eligibility requirements or to meet the 

service requirements prescribed in 

§§ 998.23, 998.24, 998.25, 998.27(a), and 

998.27(b) is required to reimburse the 

Government in an amount that bears the 

same ratio of the total costs of the 

training or education provided to that 

officer as the unserved portion of active 

duty bears to the total period of active 

duty the officer agreed to serve, unless 

waived by the Secretary under 

§ 998.29(a) or (b). Calculation of the 

total cost of training subject to 

repayment includes tuition and 

matriculation fees, library and 

laboratory services, purchase or rental of 

books, materials, and supplies, but does 

not include travel, lodging, salary, or 

other allowances otherwise entitled to 

the individual. The total cost shall be 

calculated by the NOAA Commissioned 

Personnel Center and included in any 

written agreement. 

(b) An obligation to reimburse the 

Government under this Section is, for 

all purposes, a debt owed to the United 

States. 

(c) A discharge in bankruptcy under 

title 11 of the U.S. Code that is entered 

less than 5 years after the termination of 

a written agreement entered into under 

this part does not discharge the 

individual signing the agreement from a 

debt arising under such agreement. 

[FR Doc. 2022–10945 Filed 5–24–22; 8:45 am] 

BILLING CODE 3510–12–P 


lotter on DSK11XQN23PROD with RULES1