cfr_sections
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31 rows where part_number = 310 and title_number = 46 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 46:46:8.0.1.8.24.1.12.1 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.1 Definitions. | FMC | [46 FR 37694, July 22, 1981, as amended at 69 FR 31901, June 8, 2004] | For purposes of this subpart A: (a) The 1958 Act means the Maritime Academy Act of 1958, Pub. L. 85-672. (b) Act means the Maritime Education and Training Act of 1980, Pub. L. 96-453, as amended. (c) Administration means the Maritime Administration, United States Department of Transportation. (d) Agreement means an agreement between a State, or Territorial or Regional maritime academy or college and the Maritime Administrator, Department of Transportation as authorized by the 1958 Act or the Act and set forth in § 310.13 of this part. (e) Secretary means Secretary of Transportation. (f) Maritime Administrator means the Maritime Administrator, Department of Transportation. (g) Cadet means cadet enrolled in the United States Maritime Service and in good standing at a State or Territorial or Regional maritime academy or college meeting the requirements of the 1958 Act. (h) Commanding Officer means the Commanding Officer of a training ship furnished by the Administration. (i) Cost of Education Provided means the financial costs incurred by the Federal Government in providing student incentive payments for students at the State maritime academies. (j) Deputy means the Deputy Maritime Administrator, Department of Transportation. (k) Maritime Service means the United States Maritime Service. (l) Midshipman means a student in good standing at a State maritime academy or college who has accepted midshipman status in the United States Naval Reserve (including the Merchant Marine Reserve, United States Naval Reserve) under the Act. (m) Officers means all officers and faculty employed by a State maritime academy or college. (n) Region Director means the Director of the Administration's region office in which a School is located or in which a training ship is located. (o) School means State or Territorial or regional maritime academy or college meeting the requirements of the Act. (p) Superintendent means the superintendent or president of a School. (q) Supervisor means the e… | |||
| 46:46:8.0.1.8.24.1.12.10 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.10 Discipline and dismissal. | FMC | (a) Each School shall establish and publish rules and regulations governing Cadet and Midshipman discipline and providing for a demerit system for infractions of these rules and regulations. Serious or excessive violations of the rules and regulations by a Cadet or Midshipman may be considered as evidence of inaptitude for the demanding career of a merchant marine officer and warrant dismissal by the school. (b) Each Cadet or Midshipman shall, upon admission to the School, be furnished a copy of the School's rules and regulations. (c) Any Cadet or Midshipman placed on probation for failure to meet the conduct requirements of the school may, at the discretion of the Superintendent, be listed as not in good standing for any period not to exceed six (6) months for the purpose of § 310.7(a)(5). | ||||
| 46:46:8.0.1.8.24.1.12.11 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.11 Cadet uniforms. | FMC | Cadet uniforms shall be supplied at the school in accordance with the uniform regulations of the School. Those regulations shall prescribe a distinctive insignia or device approved by the Maritime Administrator. | ||||
| 46:46:8.0.1.8.24.1.12.12 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.12 Scope and effect. | FMC | (a) If any provisions of this subpart conflict with laws and regulations of the State, the appropriate State authorities shall notify the Maritime Administrator in writing of such conflict and pertinent circumstances. The Maritime Administrator, as a matter of discretion, shall take, or not take, any action determined appropriate under the 1958 Act or the Act. (b) The Maritime Administrator may, after consultation with the Superintendents of the schools issue binding executive instructions supplementing this subpart. | ||||
| 46:46:8.0.1.8.24.1.12.13 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.12-1 Form of Agreement. | FMC | [70 FR 28833, May 19, 2005] | The form of agreement between the Maritime Administrator and schools for annual maintenance and support payments, Federal student subsistence and incentive payments and fuel assistance under the 1958 Act and the Act may be obtained from the Office of Policy and Plans, Maritime Administration, 400 7th St., SW., Washington, DC 20590. | |||
| 46:46:8.0.1.8.24.1.12.2 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.2 Federal assistance. | FMC | (a) The Maritime Administrator may enter into agreements with the present or later established schools (not more than one such school in each State or Territory) meeting the requirements of the Act to make annual payments, for not in excess of four (4) years in the case of each such agreement, to be used for the maintenance and support of such Schools. The amount of each such annual payment shall be not less than the amount furnished to such School for its maintenance and support by the State or Territory in which such academy is located or, in the case of a Regional maritime academy an amount equal to the amount furnished to such academy for its maintenance and support by all States or Territories, r both, cooperating to support such School, but shall not exceed $100,000. However, the amount shall not exceed $25,000, if such academy does not meet the requirements of subsection 1304(f)(2) of the Act. (b) Pursuant to the provisions of section 1304(c) of the Act, The Maritime Administrator, may furnish to any State or Territory of the United States for use as a Training Ship by a school any suitable vessel that is under his or her jurisdiction, obtain such vessel from any department or agency of the United States, or may construct and furnish a suitable vessel, if such vessel is not available. (c) The Maritime Administrator may pay to any School the amount of the costs of all fuel consumed by a Training Ship furnished under the provisions of section 1304(c)(1) of the Act while such vessel is being used for training purposes by such a School, if such funds have been appropriated and are available for that purpose. (d) As a condition to receiving any payments or the use of any Training Ship under the provisions of the Act, the school shall comply with the requirements of the Act and this subpart and shall agree in writing to conform to such requirements. (e) As a further condition to receiving any payments or the use of any Training Ship, a School shall agree that, with respect to the training program for merchan… | ||||
| 46:46:8.0.1.8.24.1.12.3 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.3 Schools and courses. | FMC | [46 FR 37694, July 22, 1981, as amended at 49 FR 13365, Apr. 4, 1984; 69 FR 31901, June 8, 2004] | (a) Schools with Federal aid. The following schools are presently operating with Federal aid under the 1958 Act or the Act: California Maritime Academy Maine Maritime Academy Massachusetts Maritime Academy State University of New York Maritime College Texas Maritime College of the Texas A&M University at Galveston The Great Lakes Maritime Academy California Maritime Academy Maine Maritime Academy Massachusetts Maritime Academy State University of New York Maritime College Texas Maritime College of the Texas A&M University at Galveston The Great Lakes Maritime Academy (b) General rules for operation of a School. (1) The Schools shall maintain adequate berthing, messing and classroom instruction facilities ashore, or have plans to establish same at the earliest possible time, unless prevented from doing so by conditions beyond the control of the School. During a period a school is implementing an approved plan, Cadets may be housed and instructed on a Training Ship. However, the approved plan may include the ongoing use of the Training Ship as an instructional and laboratory facility and for the berthing of entering class cadets for a period not to exceed six months for purposes of shipboard indoctrination. (2) The School shall arrange for the Cadet or Midshipman to take the United States Coast Guard original licensing examination prior to the date of graduation. (3) As a condition to receiving payments of any amount allowable by the 1958 Act and the Act in excess of $25,000 for any year, a School shall agree to admit student residents of other States to the extent of at least ten percent (10%) of each entering class, if such out-of-State students apply for admission and are otherwise qualified for such admission. The calculation of residents of other States shall exclude residents of foreign countries, but shall include residents of Territories and possessions of the United States (including the Commonwealth of Puerto Rico). (4) Upon the request of the Administration a school shall fu… | |||
| 46:46:8.0.1.8.24.1.12.4 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.4 Training Ship. | FMC | The Administration may furnish a Training Ship, if such is available, to any School. Training Ships which may be designated for use by a School will be delivered to the School at a location determined by the Administration, in condition found to be in class by the American Bureau of Shipping and certificated by the U.S. Coast Guard. If a Training Ship is not available, adequate cruising facilities shall be the responsibility of the State and its School. The furnishing of a Training Ship shall be subject to the following terms and conditions: (a) General provisions. (1) The State, acting through the School shall exercise reasonable care to safeguard the interests of the Administration and avoid (i) injury to any person aboard the Training Ship, and (ii) loss and damage of every nature with respect to the Training Ship. Also, the school shall have reasonable layup procedures during noncruise status of the Training Ship. (2) Excerpts from log books and reports shall be submitted as directed by the Supervisor. (3) Initial telegraphic or telephonic reports shall be made promptly to the Supervisor and the appropriate Region Director in the event of an accident causing (i) serious injury to any person, or to the Training Ship, or (ii) damage inflicted by the Training Ship upon any other ship or other property. Such reports shall be followed by complete written details of the occurrence. (4) The Supervisor shall determine whether or not the berth of the Training Ship at the base in its home port is suitable from the standpoint of safe mooring. When the Training Ship is not on cruise, the Commanding Officer or Superintendent shall keep the Supervisor informed of the location of the Training Ship and any contemplated change of berth. (5) The following notice shall be posted conspicuously aboard each Training Ship furnished to a State for use by a School: This training ship is the property of the United States of America. It is furnished to the State of ________ by the Department of Transportation, Maritime Administ… | ||||
| 46:46:8.0.1.8.24.1.12.5 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.5 Personnel. | FMC | [46 FR 37694, July 22, 1981, as amended at 47 FR 25530, June 14, 1982; 49 FR 13365, Apr. 4, 1984] | (a) Selection and appointment of Superintendent and faculty by State authorities. (1) The State shall select and appoint the Superintendent of a School in accordance with qualifications established by appropriate State authorities. The State shall notify the Maritime Administrator whenever a new Superintendent is appointed and furnished with appropriate background information on the appointee for informational purposes. (2) The State shall appoint faculty members in disciplines other than engineering and navigation on the basis of the same criteria used in the employment of such personnel in State-supported colleges and universities throughout the State. Faculty members in navigation and engineering courses, including steam and diesel, shall meet appropriate academic and practical experience standards adopted by the school and approved by the Administration. (b) Personnel for Training Ships —(1) Commanding Officer. The Commanding Officer shall hold a valid Master's Ocean, Unlimited Tonnage license including Radar Observer endorsement issued by the United States Coast Guard and shall have served at least two (2) years as Master, Chief Officer, Commanding Officer, or Executive Officer either (i) on oceangoing vessels under the authority of said Master's Ocean, Unlimited Tonnage license, or (ii) in the case of sea service as a member of the Uniformed Services of the United States, on ships accepted by the United States Coast Guard as equivalent for qualifying service for issue of a Master's Ocean, Unlimited Tonnage license. (2) Chief Engineer. The Chief Engineer must hold a valid Chief Engineer's (Steam) Ocean, Unlimited Horsepower license, issued by the United States Coast Guard and have served as Chief Engineer of an oceangoing steamship of comparable horsepower to that of the particular Training Ship. (3) Watch Officers. Both Deck and Engineer Watch Officers in charge of a watch, underway, shall hold valid Ocean, Unlimited Tonnage licenses, issued by the United States Coast Guard, in their particular… | |||
| 46:46:8.0.1.8.24.1.12.6 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.6 Entrance requirements. | FMC | [46 FR 37694, July 22, 1981, as amended at 48 FR 24080, May 31, 1983] | (a) Enrollment prior to April 1, 1982. A candidate for admission to a school who wishes to be considered for Federal student subsistence payments shall: (1) Be a citizen of the United States. (2) Be obligated to (i) complete the Naval Science curriculum (ii) take all necessary and positive steps to obtain a commission as ensign in the United States Naval Reserve, (iii) apply before graduation for such commission, and (iv) accept such commission if offered. A breach of this agreement will result in termination of cadet status and of Federal student subsistence payments, and may lead to legal action for recovery of all past such payments. The requirements of this paragraph shall not apply at The Great Lakes Maritime Academy. (3) Be obligated to sit for the appropriate licensing examination of the United States Coast Guard. A breach of this agreement will result in termination of cadet status and of Federal student subsistence payments, and may lead to legal action for recovery of all past such payments. (4) Meet the physical standards specified by the United States Coast Guard for original licensing as a merchant marine officer. The written certification of the Superintendent of the school, based on a physical examination by a doctor, the results of which are on record at the school, that a candidate meets these requirements, will be acceptable to the Administration. (5) Possess a secondary school education or equivalent, satisfactory for admission as an undergraduate, to colleges or universities under control of the State in which the school is located. (6) Meet requirements established by the school in regard to such criteria as the individual's secondary school grades, rank in graduating class, aptitude, achievement, and qualities of leadership. (b) Enrollment on or after April 1, 1982. A candidate for admission to a school who wishes to be considered for the Federal student incentive payments shall: (1) Meet the requirements of paragraphs (a) (1), (4), (5), and (6) of this section. (2) Be at least … | |||
| 46:46:8.0.1.8.24.1.12.7 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.7 Federal student subsistence allowances and student incentive payments. | FMC | [46 FR 37694, July 22, 1981, as amended at 48 FR 24080, May 31, 1983; 49 FR 13365, Apr. 4, 1984; 65 FR 39558, June 27, 2000; 66 FR 36176, July 11, 2001; 69 FR 31901, June 8, 2004; 69 FR 61606, Oct. 20, 2004; 70 FR 28833, May 19, 2005] | (a) Subsistence allowances —(1) Selection and allocation. In accordance with the Administration's established freshmen subsidy allocation for each School, the school shall select the individuals in its new entering class who will be enrolled in the United States Maritime Service as cadets and start to receive Federal student subsistence payments for uniforms, textbooks and subsistence as provided in the 1958 Act. The freshman subsidy allocations for each school are as follows: California Maritime Academy 99; Maine Maritime Academy 135; Massachusetts Maritime Academy 69; State University of New York Maritime College 200; Great Lakes Maritime Academy 45; and the Texas Maritime College 32. Each student who meets the entrance requirements in § 310.6(a) and applies for enrollment in the United States Maritime Service shall be entitled to consideration for a student subsistence payment at a rate and under the conditions in the 1958 Act. The list identifying the selected students shall be forwarded to the Administration on or before October 31, 1981. The Federal student subsistence payments will be paid to the School while a cadet is in attendance but not in excess of four (4) academic years for any one student. (2) Resignation or disenrollment. There will be no substitution for students removed or dropped from the list of those originally receiving Federal student subsistence payments. Subsidized students who resign or are disenrolled from a school shall not, on subsequent reenrollment, be in a position to reclaim their subsidy status. (3) Selection criteria; rate of payment. The selection of the students to receive such payments shall be made by the School in accordance with criteria established by the School, with the prior approval of the Administration. The rate of Federal student subsistence payments will be determined by the Administration according to the 1958 Act or the Act. (4) ROTC enrollment. Subsidized cadets who make a commitment to an Armed Force Reserve Officer Training Corps will be removed … | |||
| 46:46:8.0.1.8.24.1.12.8 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.8 Leave. | FMC | [48 FR 24081, May 31, 1983] | (a) Enrolled before April 1, 1982. Limitations on cadet leave, without loss of Federal student subsistence, with the specific limits to be set at the discretion of the Superintendent on an academic year basis, are: (1) If hospitalized, sick at home, or confined in the sick bay, leave shall not exceed four (4) months. (2) For an emergency due to the serious illness, injury or death of a very near relative, leave shall not exceed seven (7) days. (3) Annual leave shall not exceed thirty (30) days. (4) Christmas and Easter leave shall not exceed a total of twelve (12) days, and leave may be granted for all legal holidays—Federal and state. This leave is in addition to that granted in paragraph (a)(3) of this section. (5) Leave in addition to that provided in paragraphs (a) (3) and (4) of this section may be granted only if approved in advance by the Supervisor, upon direct request by the Superintendent. (b) Enrolled on or after April 1, 1982. Midshipmen will be granted leave without loss of incentive payments as follows: (1) Medical leave, as authorized by the school, not to exceed four (4) months. (2) Christmas and Easter leave and all legal holidays—Federal and state—as authorized by the school. This leave is in addition to that granted in paragraph (b)(3) of this section. (3) Excused absences, as authorized by the school, not to exceed thirty (30) days per academic year. All unauthorized leave and all excused absences in excess of thirty (30) days will result in loss of incentive payments. Midshipmen receiving student incentive payments may be granted leaves of absence without pay, as approved by the Superintendent, for periods not to exceed one (1) academic year at a time. Midshipmen in a pay status will only be granted a leave of absence if they continue to meet all requirements for graduation in this part, including age requirements. | |||
| 46:46:8.0.1.8.24.1.12.9 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | A | Subpart A—Regulations and Minimum Standards for State, Territorial or Regional Maritime Academies and Colleges | § 310.9 Medical attention and injury claims. | FMC | [46 FR 37694, July 22, 1981, as amended at 48 FR 24081, May 31, 1983] | (a) Medical attention and hospitalization. The school shall be responsible for arranging that a medical officer shall be attached or on call to the school. During the cruise, the School shall assign a medical officer to the Training Ship. (b) Compensation claims of Cadets or Midshipmen. Compensation claims for personal injuries or death sustained by a federally-assisted cadet or midshipman in the performance of official duty shall be forwarded to the Supervisor for transmission to the Office of Workers' Compensation Programs. The Supervisor shall furnish necessary forms. (c) Medical care and compensation for Officers and other personnel. Officers and other personnel of the School, and of the Training Ship may avail themselves of any medical facilities furnished by the State or Federal Government for which they qualify. See, for example, 42 CFR part 32. Such persons who are not Federal employees shall look to the State alone for pay, allowances, compensation and other benefits during injury or illness. | |||
| 46:46:8.0.1.8.24.3.12.1 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.50 Purpose. | FMC | The regulations in this subpart govern the nomination, admission and appointment of midshipmen to the United States Merchant Marine Academy, | ||||
| 46:46:8.0.1.8.24.3.12.10 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.59 Courses of instruction. | FMC | (a) At Academy. Three major curriculums are offered: Nautical Science, for the preparation of deck officers; Marine Engineering, for the preparation of engineering officers; and the Dual License Program, a combined course which leads to licenses in both specialties. All midshipmen who are citizens shall take naval science courses prescribed by the Department of the Navy. All curriculums include general education courses and electives. (b) Sea year. Midshipmen spend one-half of their sophomore (third class) year and one-half of their junior (second class) year training at sea aboard one or more merchant vessels. In addition to practical shipboard assignments, midshipmen are required to complete written study assignments incorporating material from the major segments of the Academy curriculums. | ||||
| 46:46:8.0.1.8.24.3.12.11 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.60 Training on subsidized vessels. | FMC | [47 FR 21812, May 20, 1982, as amended at 52 FR 21534, June 8, 1987] | All operators of subsidized merchant vessels, in accordance with contractual arrangements, are required to employ for training at least two midshipmen, as assigned by the Superintendent of the Academy, which employment shall be in accordance with the following provisions. (a) Work assignments. All practical work assignments for midshipmen shall be in accordance with courses prescribed by the Superintendent of the Academy. (b) Working hours. In order to permit midshipmen to complete their academic assignments, vessel employers shall not require midshipmen to work more than 8 hours each day. Midshipmen shall devote at least 3 hours of their own time each day to study. (c) Pay. Midshipmen shall receive pay while employed aboard merchant vessels directly from the steamship company employers at the same rate received by cadets and midshipmen at the other Federal academies. A change in the rate of pay for midshipmen at the Academy shall occur after a change in the rate of pay for cadets/midshipmen at the other Federal academies and shall be effective either on June 15th or on December 15th of the same calendar year, whichever occurs first. While aboard ship, they shall be berthed in single-occupancy rooms or in rooms with other midshipmen in that part of the vessel designated for licensed officers (or in first-class passenger quarters) and shall mess with the licensed officers. The steamship company employers shall also pay the midshipmen such subsistence and room allowance in port, transportation allowances, and other bonuses or allowances as are paid to the licensed officers of the vessel in which the midshipmen are employed. (d) Berthing and messing. While aboard ship, midshipmen shall be berthed in single-occupancy rooms or in rooms with other midshipmen in that part of the vessel designated for licensed officers (or in first-class passenger quarters) and shall mess with the licensed officers. | |||
| 46:46:8.0.1.8.24.3.12.12 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.61 Training on other vessels and by other facilities or agencies. | FMC | The Administrator may arrange for training of midshipmen on Government-owned vessels, in cooperation with other governmental and private agencies, and on other vessels documented under the laws of the United States if the owner of such vessel cooperates in such use. Midshipmen may be assigned for training in shipyards, plants, and industrial and educational organizations for instructional purposes only. | ||||
| 46:46:8.0.1.8.24.3.12.13 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.62 Allowances and expenses; required deposit. | FMC | (a) Items furnished. Each midshipman shall receive: Free tuition, quarters and subsistence; limited medical and dental care; and certain travel expenses, in accordance with chapter 5, part A, of the Joint Travel Regulations For Members Of Uniform Services, Vol. 1 (U.S. Department of Defense publication, Serial No. 0516-LP-255-0265), while traveling under official Academy orders. (b) Required Deposit. Prior to admission to the Academy, each midshipman shall make a specified deposit, as established by Academy regulations, to help defray the cost of items and services generally of a personal nature which are not provided by the Academy. Additional deposits, as prescribed in Academy regulations, are required to be made in subsequent years. Failure to make any required deposit will result in denial of admission, suspension or disenrollment. | ||||
| 46:46:8.0.1.8.24.3.12.14 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.63 Uniforms and textbooks. | FMC | The Academy shall supply midshipmen uniforms and textbooks in accordance with Academy regulations. | ||||
| 46:46:8.0.1.8.24.3.12.15 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.64 Privileges. | FMC | (a) Midshipmen may be granted a leave of absence of approximately four (4) weeks after completing each of the first, second and third years of training. (b) Classes and exercises are suspended on New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day and such other days as may be designated by the President as holidays for Federal employees. (c) Midshipmen may be granted approximately 2 weeks leave during the period which includes Christmas Day and New Year's Day. (d) Liberty and other privileges are granted to midshipmen meriting them under Academy regulations. (e) Relatives and friends of midshipmen may visit at the Academy during such ours as the Superintendent may prescribe. (f) There shall be a Ship's Service Store maintained as a non-appropriated fund activity at the Academy primarily to serve the needs of the midshipmen. | ||||
| 46:46:8.0.1.8.24.3.12.16 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.65 Graduation. | FMC | (a) Classes enrolled prior to April 1, 1982. (1) A midshipman will be graduated from the Academy upon the successful attainment of the following requirements: (i) Completion of the required course of study; (ii) Fulfillment of the requirements for a license as an officer in the merchant marine of the United States; (iii) Filing for a commission in the USNR (including the Merchant Marine Reserve, USNR); and (iv) Compliance with the prescribed midshipman disciplinary and honor systems. (2) Graduates receive the degree of Bachelor of Science and a U.S. Coast Guard license either as third officer or third assistant engineer or both. They also may be granted commissions as Ensign, USNR (including the Merchant Marine Reserve, USNR) by the Department of the Navy. (3) In return for the education received at Government expense, each applicant shall sign an agreement to serve in one of the following categories immediately after graduation: (i) Sail on his or her license at sea for not less than six (6) months each year for three (3) consecutive years; or (ii) Sail on his or her license at sea for not less than four (4) months each year for four (4) consecutive years; or (iii) Apply for and serve on active duty for training on board a U.S. Navy ship for a minimum period of thirty (30) consecutive days each year for a period of three (3) consecutive years, and be either employed ashore for the balance of each year in some phase of the maritime industry or engaged in full-time graduate studies related to the maritime field; or (iv) Apply for and serve on full-time active duty as a commissioned officer in a uniformed service of the United States for a period of 3 consecutive years. (b) Classes enrolled after April 1, 1982. (1) A midshipman will be graduated from the Academy upon the successful attainment of the following requirements: (i) Completion of the required course of study; (ii) Fulfillment of the requirements for a license as an officer in the merchant marine of the United States; (iii) Application f… | ||||
| 46:46:8.0.1.8.24.3.12.17 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.66 Foreign students. | FMC | [47 FR 21812, May 20, 1982, as amended at 60 FR 44439, Aug. 28, 1995] | (a) Appointments from the Trust Territory of the Pacific Islands. The Administrator may permit, upon designation by the Secretary of the Interior, individuals from the Trust Territory of the Pacific Islands to receive instruction at the Academy. Not more than 4 such individuals may receive instruction at any one time. Residents of the Trust Territory of the Pacific Islands are neither citizens nor nationals of the United States. (b) Appointments from the Northern Mariana Islands. The Governor of the Northern Mariana Islands may nominate individuals for one position each year allocated to residents of the Northern Mariana Islands. Such residents are neither citizens nor nationals of the United States. (c) Appointments from nations located in the Western Hemisphere. The President may designate individuals from nations located in the Western Hemisphere, other than the United States, to receive instruction at the Academy. Not more than 12 individuals may receive instruction under this paragraph at any one time, and not more than 2 individuals receiving instruction under this paragraph at any one time may be from the same nation. 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. (d) Appointments from nations other than the United States. In addition to the appointments under paragraphs (a), (b) and (c) of this section, the Administrator, with the approval of the Secretary of State, may permit individuals from any nations other than the United States to receive instruction at the Academy. Not more than 30 such individuals may receive instruction at any one time. (e) Candidate Sponsors. A representative of the Administration or a diplomatic representative of the United States in the candidate's country of residence will be designated as the Candidate's Sponsor. It will be the responsibility of the Candidate's Sponsor to act as liaison with the appropriate officials of the candid… | |||
| 46:46:8.0.1.8.24.3.12.18 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.67 Academy regulations. | FMC | The Superintendent of the Academy is delegated authority to issue all regulations necessary for the accomplishment of the Academy's mission. | ||||
| 46:46:8.0.1.8.24.3.12.2 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.51 Definitions. | FMC | [47 FR 21812, May 20, 1982, as amended at 69 FR 31902, June 8, 2004] | (a) Academy means the United States Merchant Marine Academy. (b) Act means the Maritime Education and Training Act of 1980, Pub. L. 96-453, 94 Stat. 1997, as subsequently amended, 46 App. U.S.C. 1295-1295g. (c) Administration means the Maritime Administration, Department of Transportation. (d) Administrator means the Administrator of the Maritime Administration. (e) Citizen means an individual who, by birth or naturalization, owes national allegiance to the United States, but the term excludes United States nationals. (f) Cost of Education Provided means the financial costs incurred by the Federal Government for providing training or financial assistance to students at the United States Merchant Marine Academy, including direct financial assistance, room, board, classroom academics, and other training activities. (g) Foreign student means an individual who owes national allegiance to a country or political entity other than the United States, and the term includes United States nationals. (h) NOAA means the National Oceanic and Atmospheric Administration. (i) USNR means the United States Naval Reserve. | |||
| 46:46:8.0.1.8.24.3.12.3 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.52 General. | FMC | (a) Midshipmen are appointed to the Academy for training to prepare them to become officers in the U.S. merchant marine. The Academy, located at Kings Point, New York, is maintained by the Government as a part of the Administration. After successful completion of the 4-year course of study, a graduate of the Academy shall receive a Bachelor of Science degree and a merchant marine license as either a third officer or third assistant engineer (or both licenses upon completion of a special curriculum and passing the respective license examinations) issued by the U.S. Coast Guard. If qualified, a graduate may be commissioned as an officer in a reserve component of an armed force of the United States. (b) Midshipmen entering the Academy after April 1, 1982, are required by the Act to sign an agreement committing them to service obligations following the date of graduation. The terms of the service obligation contract are set forth in § 310.58 of this subpart. | ||||
| 46:46:8.0.1.8.24.3.12.4 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.53 Nominations and vacancies. | FMC | [47 FR 21812, May 20, 1982, as amended at 51 FR 17741, May 15, 1986; 60 FR 44438, Aug. 28, 1995] | (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: (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 … | |||
| 46:46:8.0.1.8.24.3.12.5 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.54 General requirements for eligibility. | FMC | [47 FR 21812, May 20, 1982, as amended at 49 FR 45858, Nov. 21, 1984] | (a) Citizenship. All candidates shall be citizens of the United States except: (1) Nominees from foreign nations; (2) nominees from the Northern Mariana Islands; (3) designees from the Trust Territory of the Pacific Islands; and (4) nominees from American Samoa, who may be American nationals. No person who is not a citizen shall be entitled to any office or position in the U.S. merchant marine by reason of his or her graduation from the Academy, until such person shall have become a citizen. (b) Age. On July 1 of the year of admission to the Academy, a candidate shall be not less than seventeen (17) years of age and shall not have passed his or her twenty-fifth (25) birthday. (c) Character. A candidate shall be of good moral character. The Administrator may reject the nomination of any candidate whose character is incompatible with the Academy's standards. No person who has been dismissed or compelled to resign from the U.S. Military Academy, the U.S. Naval Academy, the U.S. Air Force Academy, the U.S. Coast Guard Academy, the Academy or a State maritime academy for improper conduct shall be eligible for appointment as a midshipman at the Academy. No person whose last discharge from any armed force was under conditions other than honorable or who has had a merchant mariner document removed or suspended for cause shall be eligible for appointment as a midshipman. (d) Investigation. To be eligible for appointment, all candidates who are United States citizens shall be completely loyal to the United States and shall meet the requirements established by the Department of the Navy for designation as Midshipman, USNR (including the Merchant Marine Reserve, USNR). Candidates for appointment shall execute documents approved by the Administrator for the purpose of a security and suitability investigation. Appointment as a Midshipman, USNR (including the Merchant Marine Reserve, USNR) shall be a condition of admission for an individual who is a citizen. A candidate who is conditionally appointed to the Academy p… | |||
| 46:46:8.0.1.8.24.3.12.6 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.55 Scholastic requirements. | FMC | [47 FR 21812, May 20, 1982, as amended at 85 FR 67302, Oct. 22, 2020] | (a) Academic requirements —(1) Credits. Applicants shall have satisfactorily completed their high school education at an accredited secondary school, or equivalent, and shall present at least 15 units of credit for subjects acceptable to the Academy, comprised of: (i) 7 required units, as follows: (A) 3 units of Mathematics (from algebra, geometry and trigonometry); (B) 3 units of English; and (C) 1 unit of Physics or Chemistry. (ii) 8 other units, preferably chosen from the following fields: (A) Additional mathematics and science; (B) Foreign language; (C) Economics; and, (D) Social science. (2) Evidence of academic work. Before approval of an application, each applicant shall submit evidence showing completion of high school education, or showing that such education will be completed no later than June 30 of the year in which admission is sought. (b) Scholastic examinations —(1) Required entrance examinations. Applicants shall qualify in either the College Board's Scholastic Aptitude Tests (SAT) or the American College Testing Program (ACT) examinations, administered nationally on scheduled dates at convenient testing centers. A candidate electing to use the College Board shall take both the mathematics and the verbal section of the SAT. A candidate electing to use the ACT, shall take all the tests, namely, English, Mathematics, Social Sciences and Natural Sciences. Minimum qualifying scores on the entrance examinations will be determined by the Superintendent of the Academy for each entering class prior to any offers of appointment for the particular class. Any score below the minimum on any one section of an examination shall make the nominee ineligible for admission. All examination costs shall be borne by the applicant. Nominees shall take all the required examinations by the February testing date in the year for which they seek appointment, unless the Academy's Admissions Office grants special authorization to take later examinations. (2) Forwarding test results. Candidates shall be r… | |||
| 46:46:8.0.1.8.24.3.12.7 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.56 Physical requirements. | FMC | [47 FR 21812, May 20, 1982, as amended at 55 FR 46952, Nov. 8, 1990] | (a) Physical standards. (1) A candidate shall meet the physical requirements prescribed by the Department of the Navy for appointment as Midshipman, USNR (including the Merchant Marine Reserve, USNR) and the requirements prescribed by the U.S. Coast Guard for original licensing as a third mate and third assistant engineer. All candidates shall have color perception and refractive error within the limits prescribed by the Department of the Navy or by the U.S. Coast Guard, whichever are higher. (2) The requirement to meet these standards is a continuing one and shall apply through graduation from the Academy. Failure to meet the standards while attending the Academy is grounds for, and may lead to disenrollment. Individuals who have completed at least two years of study and, as a result of an accident, illness or other cause (during official duty), fail to meet this requirement may be permitted to remain at the Academy at the discretion of, and under conditions set by, the Administrator. Those individuals permitted to remain through graduation will agree to fulfill aspects of the service obligation which they are capable of, as deemed appropriate by the Administrator. (b) Qualifying physical examinations. All candidates for the Academy shall have a physical and dental examination conducted by a service academy examining facility designated by the Service Academies Central Medical Review Board. The required physical examination shall occur within 1 year preceding the date of admission to the Academy. Although there is no charge for such examination, all expenses (including travel, meals and hotel accommodations) incurred in obtaining such examination shall be borne by the applicant. Candidates may be subject to reexamination upon reporting to the Academy and at any time while attending the Academy. (c) Physical reexamination. A candidate who is rejected for failure to meet the physical requirements may request either a reevaluation of the examination results or a reexamination. A midshipman failing to meet … | |||
| 46:46:8.0.1.8.24.3.12.8 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.57 Application and selection of midshipmen. | FMC | [47 FR 21812, May 20, 1982, as amended at 68 FR 62538, Nov. 5, 2003; 69 FR 61451, Oct. 19, 2004] | (a) Application. All candidates shall submit an application for admission to the Academy's Admissions Office. Prospective candidates also should submit an application, but are not considered official candidates until their nominations are received. Candidates shall submit with their applications an official transcript and personality record from the candidate's high school and, if applicable, such records from any school attended after high school graduation. Application forms are available upon request by writing to the Admissions Office at the Academy. MARAD will accept electronic options (such as facsimile and Internet) for transmission of only Part I of required information to MARAD, if practicable. (b) Selection of Midshipmen. Selection of midshipmen for appointment to fill vacancies allotted to the various States and other locations, as specified in § 310.53(b) (1) and (2) of this subpart, shall be in order of merit. The order of merit shall be determined on the scores of the required entrance examinations, on assessment of the academic background of the individual and on such other factors as are considered by the Academy to be effective indicators of motivation and the probability of successful completion of training at the Academy. No preference shall be granted in selecting individuals for appointment because one or more members of their immediate families are alumni of the Academy. (c) Notification of selection. Results of the selection process will be made known about May 1 each year. The Academy shall advise each candidate and his or her nominating official of his or her status as a principal candidate, as an alternate candidate or as an unqualified candidate. Alternates will replace principal candidates who decline appointment or fail to meet the physical requirements or the security and suitability investigation. (d) Service obligation agreement. Each candidate selected for appointment to the Academy after April 1, 1982, who is a citizen of the United States, shall sign a service obligat… | |||
| 46:46:8.0.1.8.24.3.12.9 | 46 | Shipping | II | H | 310 | PART 310—MERCHANT MARINE TRAINING | C | Subpart C—Admission and Training of Midshipmen at the United States Merchant Marine Academy | § 310.58 Service obligation for students executing or reexecuting contracts. | FMC | [47 FR 21812, May 20, 1982, as amended at 60 FR 44438, Aug. 28, 1995; 65 FR 39558, June 27, 2000; 66 FR 36177, July 11, 2001; 69 FR 9759, Mar. 2, 2004; 69 FR 29081, May 20, 2004; 69 FR 31903, June 8, 2004; 69 FR 61454, Oct. 19, 2004; 70 FR 28833, May 19, 2005] | (a) The service obligation contract shall obligate each midshipman who is a citizen and who executes or reexecutes a service obligation contract to: (1) Complete the course of instruction at the Academy; (2) Fulfill the requirements for a license as an officer in the merchant marine of the United States on or before the date of graduation from the Academy; (3) Maintain a license as an officer in the merchant marine of the United States for at least six (6) years following the date of graduation from the Academy accompanied by the appropriate national and international endorsements and certifications as required by the United States Coast Guard for service aboard vessels on both domestic and international voyages (“appropriate” means the same endorsements and certifications held at the date of graduation, or the equivalent); (4) Apply for an appointment as, accept any tendered appointment as and serve as a commissioned officer in the USNR (including the Merchant Marine Reserve, USNR), the United States Coast Guard Reserve, or any other Reserve component of an armed force of the United States for at least six (6) years following the date of graduation from the Academy; (5) Serve in the foreign or domestic commerce and the national defense of the United States for at least five (5) years following the date of graduation from the Academy: (i) As a merchant marine officer serving on vessels documented under the laws of the United States or on vessels owned and operated by the United States or by any State or territory of the United States; (ii) As an employee in a United States maritime-related industry, profession or marine science (as determined by the Maritime Administrator), if the Maritime Administrator determines that service under paragraph (a)(5)(i) of this section is not available; (iii) As a commissioned officer on active duty in an armed force of the United States or in the National Oceanic and Atmospheric Administration; or (iv) Other maritime-related employment with the Federal Government which s… |
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