Regulation 46 CFR Part 310.57(a)

§ 310.57

46 CFR Ch. II (10–1–05 Edition)

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 the
physical requirements while attending
the Academy is entitled to make the
same request.
(d) Waivers. Some medical requirements may be waived for enrolled students and applicants to the USMMA
who require such a medical waiver to
qualify for admission and/or retention.
Since commissioning in the United
States Navy, or any other branch of
the Armed Forces, is a requirement for
graduation, no waivers will be granted
for medical conditions which would
prevent commissioning in at least a restricted status in the U.S. Navy Reserve. Individuals interested in waiver
consideration may request a waiver by
writing
to
the
Superintendent,
USMMA. The granting of medical
waivers will be based on U.S. Navy
guidelines and regulations for waiver
consideration for admission to the U.S.
Naval Academy and the physical requirements consistent with commissioning as a reserve officer in the U.S.
Navy in a restricted line program. Individuals requesting medical waivers
must be able to meet all other admission requirements, including the physical examination requirement for an
original U.S. Coast Guard merchant
marine license as a third mate and/or
third assistant engineer. The decision
of the Superintendent on any requested
waiver is administratively final.
[47 FR 21812, May 20, 1982, as amended at 55
FR 46952, Nov. 8, 1990]

§ 310.57 Application and selection of
midshipmen.
(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 obligation contract as a
condition of admission. The contract is
prescribed in § 310.58 of this subpart.

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Maritime Administration, DOT

§ 310.58

(e) Reporting to the Academy. Candidates who accept offers of appointment shall, pursuant to instructions
issued by the Academy, report to the
Academy on a specified date in midJuly for orientation and induction.
(f) Oath. Each midshipman who is a
citizen of the United States shall take
the following oath of office at the
Academy:
‘‘I, lll, having been appointed a midshipman to the U.S. Merchant Marine Academy, accept appointment and do solemnly
swear (or affirm) that I will support and defend the Constitution of the United States
against all enemies, foreign and domestic;
that I will bear true faith and allegiance to
the same; that I will comply with all the regulations of the U.S. Merchant Marine Academy; that I take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully
discharge the duties of the office on which I
am about to enter, so help me God.’’

(g) Birth Certificate. Each candidate
shall present a certificate of birth authenticated by an authorized official.
[47 FR 21812, May 20, 1982, as amended at 68
FR 62538, Nov. 5, 2003; 69 FR 61451, Oct. 19,
2004]

§ 310.58 Service obligation for students
executing or reexecuting contracts.
(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 serves the national security interests of the United States, as determined by the Maritime Administrator;
or
(v) By combining the services specified in paragraphs (a)(5)(i), (ii), (iii) and
(iv) of this section; and,
(vi) Such employment in the Federal
Government that satisfies paragraph
(a)(5)(iv) of this section must be both
significantly
maritime-related
and
serve the national security interests of
the United States. ‘‘Significantly’’ is
equated to a material or essential portion of an individual’s responsibilities.
It does not mean a ‘‘majority’’ of such
individual’s responsibilities, but means
more than just an incidental part; and
(6) Submit periodic reports to the Administration to establish compliance
with all the terms of the contract.
(b) Service as a merchant marine officer. For purposes of the service obligation set forth in paragraph (a)(5)(i) of
this section, a satisfactory year of
service on vessels in the United States

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