Cruise Vessel Security and Safety Training Provider Certification, 30956-30961 [2013-12300]
Download as PDF
<![CDATA[
30956
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
equal to that existing without the
exemption.
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Request for Comments
[Docket Number FRA–2013–0039]
FMCSA will review comments
received at any time concerning a
particular driver’s safety record and
determine if the continuation of the
exemption is consistent with the
requirements at 49 U.S.C. 31136(e) and
31315. However, FMCSA requests that
interested parties with specific data
concerning the safety records of these
drivers submit comments by June 24,
2013.
FMCSA believes that the
requirements for a renewal of an
exemption under 49 U.S.C. 31136(e) and
31315 can be satisfied by initially
granting the renewal and then
requesting and evaluating, if needed,
subsequent comments submitted by
interested parties. As indicated above,
the Agency previously published
notices of final disposition announcing
its decision to exempt these 17
individuals from the vision requirement
in 49 CFR 391.41(b)(10). The final
decision to grant an exemption to each
of these individuals was made on the
merits of each case and made only after
careful consideration of the comments
received to its notices of applications.
The notices of applications stated in
detail the qualifications, experience,
and medical condition of each applicant
for an exemption from the vision
requirements. That information is
available by consulting the above cited
Federal Register publications.
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
sroberts on DSK5SPTVN1PROD with NOTICES
Issued on: May 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–12357 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by documents dated April 2,
2013, and April 24, 2013, the City of
Burlington, WI (City), and Wisconsin
Central Ltd. (WCL) have jointly
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 222, Use of
Locomotive Horns at Public HighwayRail Grade Crossings. FRA assigned the
petition Docket Number FRA–2013–
0039.
The City and CL (jointly referred to as
Petitioners) seek a waiver from the
requirements of 49 CFR
222.41(c)(2)(i)(B), which provides that a
detailed plan for quiet zone
improvements must be filed with FRA
by June 24, 2008, in order to continue
existing locomotive horn restrictions.
The Petitioners also seek a waiver from
the requirements of 49 CFR 222.41(c)(3),
which provides that locomotive horn
restrictions may continue until June 24,
2013, for a pre-rule quiet zone that was
not able to be established by automatic
approval, had been continued under the
provisions of 49 CFR 222.31(c)(1) and
49 CFR 222.31(c)(2), and for which the
State agency had provided a
comprehensive statewide
implementation plan. Specifically, the
Petitioners request that the City be
granted permission to correct the
detailed plan that FRA has on file. The
Petitioners also wish to retain the
present locomotive horn restriction as
trains approach the public highway-rail
grade crossings at Roberts Street (DOT
#689851C), Adams Street (DOT
#689853R), Jefferson Street (DOT
#689854X), Milwaukee Avenue (DOT
#689857T), and Chestnut Street (DOT
#689856L) until June 24, 2015.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Ave. SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by July 8,
2013 will be considered by FRA before
final action is taken. Comments received
after that date will be considered as far
as is practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on May 20,
2013.
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2013–12352 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2013–0022]
Cruise Vessel Security and Safety
Training Provider Certification
Maritime Administration,
Department of Transportation.
ACTION: Notice of Proposed New Policy.
AGENCY:
SUMMARY: This notice provides
interested parties with the opportunity
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
to comment on the Maritime
Administration’s (MarAd) new policy to
certify cruise vessel security and safety
training providers. As a result of the
enactment of the Cruise Vessel Security
and Safety Act (‘‘CVSSA’’), the USCG,
in consultation with the FBI, MarAd
headquarters and the United States
Merchant Marine Academy (USMMA),
developed training standards and
curricula to allow for the certification of
passenger vessel security personnel,
crewmembers, and law enforcement. In
addition, the CVSSA provided the
Maritime Administrator with the
discretionary authority to certify
organizations in the United States and
abroad that offer the curriculum for
training and certification. Pursuant to
this authority, the agency is now
proposing a voluntary certification
program for training providers to assure
the general public that passenger cruise
vessel security and safety personnel
have received training that is in strict
compliance with the CVSSA mandated
model standards. MarAd certification
would serve to assist the cruise industry
in identifying and obtaining qualified
training services. MarAd invites public
comment on this new proposed policy.
DATES: Comments must be received on
or before July 22, 2013. MarAd will
consider comments filed after this date
to the extent practicable.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2013–0022 by any of the
following methods:
• Web site/Federal eRulemaking
Portal: Go to https://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site.
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
Instructions: All submissions must
include the agency name and docket
number for this rulemaking.
sroberts on DSK5SPTVN1PROD with NOTICES
Note: All comments received will be
posted without change to https://
www.regulations.gov including any personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
Room W12–401 of the Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
You
may contact T. Mitchell Hudson, Jr.,
Attorney-Advisor, Office of Chief
Counsel, Maritime Administration, at
(202) 366–9373. You may send mail to
Mr. Hudson at Maritime
Administration, 1200 New Jersey
Avenue, SE., MAR 225, W24–220,
Washington, DC 20590–0001. You may
send electronic mail to
Mitch.Hudson@dot.gov. If you have
questions on viewing the Docket, call
Barbara Hairston, Acting Program
Manager, Docket Operations, telephone:
202–366–9826.
SUPPLEMENTARY INFORMATION: Following
the enactment of the Cruise Vessel
Security and Safety Act of 2010
(‘‘CVSSA’’), the USCG, MarAd,
USMMA, and the FBI began work, as
directed under the act, developing the
standards and curricula to allow for the
certification of security personnel.
Published in July of 2011, the ‘‘Model
Course CVSSA 11–01 Crime Prevention,
Detection, Evidence Preservation and
Reporting’’ set the standards for security
personnel training. The CVSSA training
requirements are applicable to
passenger vessels that carry at least 250
passengers; have onboard sleeping
facilities for each passenger; are on a
voyage that embarks and disembarks
passengers in the United States; and are
not engaged on a coastwise voyage.
Since July 27, 2011, passenger vessels
have been required to certify to the
USCG that they have at least one
crewmember on board that is properly
trained on prevention, detection,
evidence preservation, and reporting
requirements of criminal activities in
the international maritime environment
before entering a United States port on
a voyage or voyage segment on which a
United States citizen is a passenger.
MarAd is now proposing to
implement a voluntary training provider
certification program to help assure the
general public that passenger vessel
security and safety personnel have
received proper training consistent with
the model standards developed by
USCG in coordination with MarAd, the
USMMA, and the FBI, and in order to
assist the industry in obtaining quality
training services. Training providers
seeking to be certified by MarAd will be
required to submit training plans and
supporting information for review. If the
training provider’s plans meet the
model course criteria, the agency will
offer its certification subject to the
training provider entering into an
agreement which, in addition to other
terms, will subject the organization to
program audits. The MarAd application
procedure and program details will be
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
30957
available to the public on its Web site
www.marad.dot.gov/cvssa.
Proposed New Policy
The agency is requesting public
comment on the following proposed
application procedure and training
provider agreement:
How To Become a Maritime
Administration (MarAd) Certified
CVSSA Training Provider
Is there a model course that training
providers must follow in order to
become a MarAd Certified CVSSA
Training Provider?
Yes. Training provider certification is
voluntary. Training providers seeking
certification must meet the minimum
requirements found in the Model Course
CVSSA 11–01; Crime Prevention,
Detection, Evidence Preservation and
Reporting (July 2011 version). The
course was prepared by the United
States Coast Guard, in consultation with
MarAd and the Federal Bureau of
Investigation. A copy of the Model
Course is available for download at
MarAd’s Web site: www.marad.dot.gov/
cvssa.
What is the scope of the model course?
The model course is intended to
provide the knowledge required for
personnel who are assigned passenger
vessel security responsibilities to
perform their duties as mandated in the
Cruise Vessel Security and Safety Act of
2010, Public Law 111–207 (July 27,
2010) (codified at 46 U.S.C. 3507–08).
What should be included in my
application for MarAd certification?
In addition to the following items, the
applicant must include a signed
Training Provider Agreement. (An
agreement wherein the applicant agrees
to an audit regimen and to additional
specific requirements for certification.)
Note: Except where indicated, all items
pertain to live training and E-learning
courses.
1. Include the following information
about your organization:
• Company name;
• Business address;
• State of incorporation;
• Articles of Incorporation; and
• Name, address, and contact
information of individual that will liaise
with MarAd.
2. Include a list of instructors with a
description of their experience,
background, and qualifications that
demonstrate that they have the subject
matter expertise to answer student
questions, as well as the instructional
capability to impart the required
information to students.
E:\FR\FM\23MYN1.SGM
23MYN1
30958
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
3. Cruise lines must provide the
names, positions, and backgrounds of
shore side and shipboard staff that will
evaluate, review, and monitor any
element of the CVSSA course.
4. Include a course schedule,
including the length of each lesson and
indicate whether the lesson is presented
through a classroom lecture, distance Elearning, practical demonstration, or
simulator exercise and the particulars of
how the assessment of students will be
administered.
sroberts on DSK5SPTVN1PROD with NOTICES
Note: Each lesson in the course schedule
must be prefaced by a number that
corresponds to the subject area listed in the
Model Course teaching syllabus and outline.
5. Include a course outline, containing
a summary of the teaching syllabus and
learning objectives by subject area with
the number of hours to be allocated for
each lecture, practical demonstration, or
simulation program. A detailed
instructor manual must be submitted.
Submissions should demonstrate the
focus of the course while highlighting
how the course conforms to the
standards and content contained in the
model course.
6. For E-Learning courses, include an
estimate of the time required for a
student to complete the lesson and any
applicable time limits for lesson
completion.
7. For E-Learning courses, include
information describing the method for
distance learners to obtain prompt
feedback and assistance from someone
meeting the same qualification
standards as an instructor in a ‘‘live’’
course.
8. Include a sample student course
evaluation form(s) or the training
provider’s procedures for obtaining
student feedback on the effectiveness of
the instruction and instructors.
9. For live training courses, include
the following information for the
training facility:
• address;
• description of the training facility
rooms including capacity of rooms; and
• description of the equipment that
will be used during the course,
including all equipment to be used
during hands-on training and/or testing,
and any simulators or simulation
programs to be used. If a simulator or
simulation program is to be used,
include technical specifications and
brochures provided by the
manufacturer.
10. Provide the maximum class size
for classroom lessons and, if
appropriate, for practical
demonstrations or simulation exercises
and assessments, including the number
of the students per simulator. Provide
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
the learner/teacher ratio and provide the
organization’s policy for circumstances
when more than one instructor will be
present during any of the lessons.
11. Include copies of all visual aids
and a discussion of how audiovisual
and other aids will be used during the
training course, and which performance
objectives they will impact. (This
information may be a part of the
curriculum documentation that
discusses the make-up of the lesson
plans.)
12. Include, as appropriate, sample
copies of all student handouts,
homework assignments, workbooks, and
a bibliography of textbooks to be used.
Include, as appropriate, sample copies
of all written assessments, the grading
procedure to be used, the frequency of
revision, and what will be considered a
passing score.
13. Include a detailed description of
any practical or simulator assessments,
tests, or exercises that describe the
situation presented to the student; what
the students must do to successfully
complete each assessment and how each
student’s performance will be evaluated
and recorded. Include a separate
checklist to evaluate each practical
assessment, if any, and what is
considered a passing score. This
checklist must include the condition
under which the practical
demonstration will occur, the behavior
to be observed, and the criteria for
successful completion of the
demonstration. Include a discussion of
how the instructor(s) will determine
final grades by proportioning written
and practical examination scores as
appropriate.
14. Include a description of the
training provider’s policy on re-tests of
failed assessments.
How long should my organization
maintain course records?
A training provider must maintain a
file at the training facility, or other
location approved by MarAd, available
for review within 3 business days of
notice, for at least 5 years after the end
of each student’s enrollment.
What should be contained in the
administrative record?
The record must be comprised of the
student’s assessment reports, a report of
practical tests administered (if any), and
a record of classroom attendance. If
approved courses are taught in more
than one location, or if the course is
delivered by E-Learning, the records
must be made available within 3
business days of notice.
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
How should my organization administer
course completion certification?
The MarAd certified CVSSA Training
Provider must first verify the identity of
all students (whether live training or Elearning) who have completed a
certified security training course and
issue consecutively numbered
certificates to students who successfully
complete the approved course. Blank
course completion certificates must be
kept secure at all times. The paper stock
of course completion certificates must
contain micro printing, watermarks and/
or other effective measures to help
prevent production of fraudulent
certificates. Training providers should
consult International Maritime
Organization MSC/Circ. 1089
‘‘Guidance on Recommended AntiFraud Measures and Forgery Prevention
Features for Seafarers’ Certificates’’
available via the IMO Web site at
www.imo.org.
Course completion certificates should
be in a standardized format and contain
the following:
• the name of the course as stated in
the course certification letter;
• the name of the school or training
provider;
• the date the training began and was
completed;
• the signatures of the course
instructor and director or department
head; and
• the student’s full name.
May my organization deviate or modify
from the specifications of the Model
Course and still obtain MarAd approval
and certification?
Any deviations or modifications from
the specifications of the Model Course
must be highlighted in the application
for certification with an explanation
justifying the change, its benefits, and
how the additional material will be
covered. (One example of material that
may not be covered during classroom
training is found under Section 4:
Security Equipment. On board training
may be the more appropriate venue for
the instruction in the use of the
equipment. Training providers must
provide documentation that security
personnel that are certified, have
received training in this area.)
Implementation and Administration
MarAd will evaluate the application’s
supporting documentation and either
approve or disapprove the content of the
submission. Upon approval, the
organization will enter into a voluntary
agreement with MarAd evidencing the
applicant’s intention to implement the
MarAd approved training regimen.
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
Training Provider Certification will be
issued to the applicant only after the
voluntary agreement has been entered
into. MarAd will thereafter publish the
certified training providers name and
contact information on its Web site.
Does my certification expire?
Where would I submit my application
for certification?
How can I renew my organization’s
certification?
Course approvals and certification are
effective for a period of five years or
until the approval and certification is
suspended or withdrawn.
A request for the renewal of a course
approval and certification should be
submitted at least 90 days before the
current approval expires. The applicant
is responsible for the content of its
submission. Therefore, the renewing
organization should review MarAd
application instructions and guidance in
order to ensure that the new application
is consistent with current MarAd
requirements. Assuming that no updates
have been made to the CVSSA training
How will I know whether I was approved
provider application process, to
for certification?
facilitate the renewal process, all
changes should be highlighted. If there
MarAd will issue a course approval
have been no changes since the last
letter and certification. The letter will
approval, a statement to the effect that
inform you that in order to maintain
the curriculum, instructors, and
certification, the course must be
facilities are the same as was previously
conducted consistent with the
submitted and approved should
information provided in your
accompany the submittal.
application.
A training provider seeking MarAd
certification as a CVSSA Training
Provider may electronically submit the
required information to
www.marad.dot.gov/cvssa or by mail
addressed as follows: Department of
Transportation, Maritime
Administration, Attention: CVSSA
Training Certification Program, 1200
New Jersey Ave. SE., Washington, DC
20590.
Revocation and Appeal Process
After my course is approved and my
organization is certified, are there any
on-going responsibilities necessary to
maintaining my certification?
Yes. It will be incumbent upon the
certified training organization to notify
the MarAd CVSSA certification program
office in writing within 30 calendar
days of any changes in information last
furnished with respect to the course,
teaching staff, maximum teacher/
student ratio, maximum class size,
training facility, or training equipment.
It will also be incumbent upon the
certified training organization to
maintain a copy of all students’
identification for purposes of MarAd
audit and law enforcement.
sroberts on DSK5SPTVN1PROD with NOTICES
How will MarAd review training
provider compliance?
MarAd will ensure compliance
utilizing two methods-1. Audits
performed by private accredited
auditors on a scheduled basis and 2.
Random audits performed by agency
personnel. The first accredited audit
will be scheduled to occur within the
first 6 to 12 months of MarAd
certification. Thereafter, two more
accredited audits will be scheduled over
years 2 and 3 with a final audit to take
place no earlier than 6 months before
the expiration of the MarAd
certification.
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
Training providers can appeal
disapproval, revocation, or suspension
of the certificate by appealing to the
Maritime Administrator or his
designated representative. The appeal
must be in writing and address the
specific reasons why you believe your
submission should be approved or
reinstated by MarAd.
MARITIME ADMINISTRATION
(MarAd) CERTIFIED CVSSA
TRAINING PROVIDER AGREEMENT
I, llllllllll (NAME) AM
AUTHORIZED BY AND IN BEHALF OF
llllllllll (THE
CORPORATION) A CORPORATION
ORGANIZED AND EXISTING UNDER
THE LAWS OF THE STATE OF
llllll (HEREINAFTER CALLED
THE ‘‘CORPORATION’’), WITH
OFFICES AT llllllllll ,
llllllllll (BUSINESS
ADDRESS) IN EVIDENCE OF WHICH
INCORPORATION A CERTIFIED COPY
OF THE ARTICLES OF
INCORPORATION (OR
ASSOCIATION) IS FILED HEREWITH
(OR HAS BEEN FILED).
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
30959
I AM AUTHORIZED BY AND IN
BEHALF OF THE CORPORATION TO
EXECUTE AND DELIVER THIS
AGREEMENT AS A CONDITION OF
MarAd APPROVAL AND
CERTIFICATION:
(I) The Corporation agrees that:
(a) the content of approved training
courses will conform to the syllabi of
the Model Course CVSSA 11–01 Crime
Prevention, Detection, Evidence
Preservation and Reporting, or other
model courses that may be approved by
MarAd.
(b) a complete administrative record
to include the student’s assessment
reports, a report of practical tests
administered, and a record of classroom
attendance, will be maintained at the
training facility or other location
approved by MarAd and will be made
available for MarAd review within 3
business days of notice for at least 5
years from the student’s date of
enrollment.
(c) training courses will be conducted
as proposed and in accordance with the
conditions of the approval as stated in
the course approval letter.
(d) all administrative records will be
provided electronically to MarAd
within 3 business day of a request for
review by MarAd officials.
(e) it will accommodate MarAd
attendance in CVSSA training classes
and training facilities whether
unannounced or otherwise.
(f) it will authorize course instructors
to answer MarAd inquiries and provide
course material as requested.
(g) the identity of students will
undergo verification and be evidenced
through one of the forms of photo
identification listed under section (h)
below. For E-Learning, equivalent
arrangements for student identity will
be established, controlled, provided,
and administered at the training
provider’s centralized location.
(h) Acceptable forms of identification
are:
(1) Merchant Mariner Document;
(2) National Passport;
(3) Armed Forces Identification Card;
(4) Photo identification cards issued
by U.S. federal, state, or local
government agencies; or
(5) Driver’s license with photo of the
driver.
(i) it will maintain a copy of all
students’ identification for purposes of
MarAd audits and law enforcement.
(j) E-learning student projects and
work will be reviewed by an assessor
meeting the same qualification
standards as an instructor in a live
course.
(k) instructors or training provider
personnel will not assist or coach
E:\FR\FM\23MYN1.SGM
23MYN1
30960
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
students in any way during the
evaluation process.
(l) it will issue consecutively
numbered certificates to students who
successfully complete the approved
course.
(m) blank course completion
certificates will be kept secure at all
times.
(1) The paper stock of course
completion certificates will contain
micro printing, watermarks and/or other
effective measures to help prevent
production of fraudulent certificates.
(2) Course completion certificates will
be in a standardized format and contain
the following:
(i) the name of the course as stated in
the course certification letter;
(ii) the name of the school or training
provider;
(iii) the date the training began and
was completed;
(iv) the signatures of the course
instructor and director or department
head; and
(v) the student’s full name.
sroberts on DSK5SPTVN1PROD with NOTICES
(II) The Corporation agrees to provide:
(a) the class schedule to MarAd one
month before any CVSSA training class
enrollment.
(b) copies of training textbooks upon
request from MarAd.
(c) notice to MarAd of any instructor
changes no fewer than 10 days prior to
course enrollment.
(d) notice to MarAd in writing within
30 calendar days of any changes in
information previously provided and
relied upon for approval and
certification including but not limited to
the Corporation, the courses, teaching
staff, maximum teacher/student ratio,
class size, training facility, or training
equipment.
(e) photographs, diagrams, or plans of
the training site.
(f) a description of the equipment that
will be used during the course. This
includes all equipment to be used
during hands-on training and/or testing,
and any simulators or simulation
programs to be used. If a simulator or
simulation program is to be used,
include technical specifications and
brochures provided by the
manufacturer.
(g) a request for renewal of course
approval and certification at least 90
days before the approval and
certification expiration date.
(III) The Corporation agrees to
independent audits of its CVSSA
Training Program within 30 days of
being directed by MarAd and:
(a) carried out at the expense of the
Corporation and performed by a MarAd
approved independent third party.
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
(b) the results of which will be
provided directly to MarAd by the third
party auditor.
(c) will instruct its third party auditor
to provide the corrective action (CA)
plan to MarAd.
(d) subject to MarAd’s right to reject
the CA plan and to provide its own CA
plan directly to the training provider.
(e) will allow implementation of a
MarAd corrective action plan if the
third party audit CA plan is rejected by
MarAd.
(f) will report any and all training
non-conformities immediately to
MarAd.
(IV) The Corporation acknowledges,
understands, and further agrees that:
(a) MarAd course approval and
provider certification are effective for a
period of five years from the date of the
approval letter; or until the approval
and certification is revoked or
suspended.
(b) MarAd may suspend or revoke its
approval and certification at any time,
without notice and with immediate
effect.
(c) upon written notice of suspension
or revocation of certification, the
Corporation will immediately cease any
display, marketing or otherwise, of
MarAd certification.
(d) MarAd disapproval, or the
suspension or revocation of approval
and certification may only be appealed
in writing to the Maritime
Administrator or his designated
representative and by addressing the
specific reasons why the approval and
certification should be made or
reinstated.
llllllllll
Signature of Authorized Official,
Title, Date
PENALTY FOR FALSE STATEMENT:
A fine or imprisonment, or both, are
provided for violation of the
proscriptions contained in 18 U.S.C.
§ 1001 (see also 18 U.S.C. §§ 286 and
287).
SPECIFIC ISSUES FOR COMMENT:
In addition to seeking general
comments on the proposed new policy,
the agency is requesting public
comment on the following issues:
1. How best to make MarAd
certification readily apparent to the
general public;
2. Whether foreign based training
providers will be faced with legal
barriers or other special challenges in
submitting a complete application or
complying with program requirements;
and
3. Whether the proposed process
raises specific legal or practical issues
PO 00000
Frm 00119
Fmt 4703
Sfmt 4703
for the program participant or the cruise
line passenger.
POLICY ANALYSIS AND NOTICES:
Consistent with the Administrative
Procedures Act and Department of
Transportation rulemaking policy,
MarAd is publishing this proposed
policy in the Federal Register to indicate
how it plans to exercise the
discretionary authority provided by
Section 3508 of the Cruise Vessel
Security and Safety Act of 2010. This
proposed policy would establish a
voluntary program in which successful
applicants would obtain MarAd cruise
vessel security and safety training
provider certification.
Paperwork Reduction Act: This
proposed policy would establish a new
requirement for the collection of
information for all program participants.
The Office of Management and Budget
(OMB) will be requested to review the
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. Section 3501, et seq.).
In accordance with the Paperwork
Reduction Act, this document
announces MarAd’s intentions to
request public comments regarding the
collection of information arising under
this proposed policy.
—Copies of this notice and information
collection request may be obtained
from the Office of Security, MAR–420,
Suite W25–308, 1200 New Jersey
Avenue SE., Washington, DC 20590.
—Title of Information Collection:
CVSSA Training Provider
Certification Program
—OMB Control Number: Pending.
—Form Number: None.
—Expiration Date of Approval: Three
years following approval by the Office
of Management and Budget.
—Summary of Collection of
Information: Persons or Entities
seeking to obtain or maintain MarAd
certification as CVSSA Training
Providers. Persons or Entities seeking
training provider certification must
submit certain information described
in the proposed application procedure
and sign the training provider
agreement. No particular form is
required for the application
procedure. However, all information
described in the application
procedure will be required to be
submitted and is necessary for proper
review of the applicant’s
qualifications. The training provider
agreement will be required to follow
the published format and be signed by
the successful applicant before MarAd
will issue its certification. To
maintain training provider
certification, training providers will
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Notices
be required to submit to random
audits and to provide accredited audit
reports to MarAd on a scheduled
basis.
—Need for and Use of the Information:
The information collected will be
used to analyze the applicant’s
methods and process of instruction in
providing information that is
comprehensive in scope and
consistent with the USCG Model
Course. Information arising under
training provider audits will be used
to ensure that certified training
providers remain qualified throughout
the certification period. The training
provider agreement is necessary to
establish an understanding between
the agency and the training provider
that certain terms must be met in
order to hold and maintain MarAd
training provider certification.
Without this information, MarAd
would not be able to offer the benefit
of its training provider certification to
program applicants. In addition,
MarAd training provider certification
will assist the USCG in ensuring
cruise vessel CVSSA compliance.
—Description of Respondents:
Individuals, partnerships, or
corporations seeking training provider
certification.
—Annual Responses: Once the Program
is implemented, the agency
anticipates between 25–35
submissions each year. Certification is
anticipated to span a period of 5 years
before expiration and renewal.
However, the agency does anticipate
the collection of information annually
from the same estimated number of
training providers seeking to maintain
their certification by complying with
agency audits.
—Annual Burden: 40 hours per program
participant.
(Authority: The Cruise Vessel Security
and Safety Act of 2010, 46 U.S.C.
§ 3508)
*
*
*
*
*
sroberts on DSK5SPTVN1PROD with NOTICES
Dated: May 17, 2013
By Order of the Maritime Administrator.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–12300 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–81–P
VerDate Mar<15>2010
18:14 May 22, 2013
Jkt 229001
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2013–0057]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
LITTLE DUTCH; Invitation for Public
Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:
SUMMARY: As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below.
DATES: Submit comments on or before
June 24, 2013.
ADDRESSES: Comments should refer to
docket number MARAD–2013–0057.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE., Room W23–453,
Washington, DC 20590. Telephone 202–
366–0903, Email
Linda.Williams@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel LITTLE DUTCH is:
Intended Commercial Use of Vessel:
‘‘Carrying up to six passengers for day
trips, sunset sails, weekend or full week
sails on a seasonal basis’’.
Geographic Region: ‘‘New York, New
Jersey, Connecticut, Rhode Island and
Massachusetts’’.
The complete application is given in
DOT docket MARAD–2013–0057 at
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
30961
https://www.regulations.gov. Interested
parties may comment on the effect this
action may have on U.S. vessel builders
or businesses in the U.S. that use U.S.flag vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the docket number of
this notice and the vessel name in order
for MARAD to properly consider the
comments. Comments should also state
the commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
By Order of the Maritime Administrator.
Dated: May 16, 2013.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013–12187 Filed 5–22–13; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2013–0032; Notice 1]
Notice of Receipt of Petition for
Decision that Nonconforming 2005–
2007 Alpina B5 Passenger Cars
Manufactured Before September 1,
2006 Are Eligible for Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Receipt of petition.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that
nonconforming 2005–2007 Alpina B5
passenger cars manufactured before
September 1, 2006 that were not
originally manufactured to comply with
all applicable Federal Motor Vehicle
Safety Standards (FMVSS), are eligible
for importation into the United States
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30956-30961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12300]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2013-0022]
Cruise Vessel Security and Safety Training Provider Certification
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Notice of Proposed New Policy.
-----------------------------------------------------------------------
SUMMARY: This notice provides interested parties with the opportunity
[[Page 30957]]
to comment on the Maritime Administration's (MarAd) new policy to
certify cruise vessel security and safety training providers. As a
result of the enactment of the Cruise Vessel Security and Safety Act
(``CVSSA''), the USCG, in consultation with the FBI, MarAd headquarters
and the United States Merchant Marine Academy (USMMA), developed
training standards and curricula to allow for the certification of
passenger vessel security personnel, crewmembers, and law enforcement.
In addition, the CVSSA provided the Maritime Administrator with the
discretionary authority to certify organizations in the United States
and abroad that offer the curriculum for training and certification.
Pursuant to this authority, the agency is now proposing a voluntary
certification program for training providers to assure the general
public that passenger cruise vessel security and safety personnel have
received training that is in strict compliance with the CVSSA mandated
model standards. MarAd certification would serve to assist the cruise
industry in identifying and obtaining qualified training services.
MarAd invites public comment on this new proposed policy.
DATES: Comments must be received on or before July 22, 2013. MarAd will
consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2013-0022 by any of the following methods:
Web site/Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments on
the electronic docket site.
Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., West
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except on Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this rulemaking.
Note: All comments received will be posted without change to
https://www.regulations.gov including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov at any time or to
Room W12-401 of the Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: You may contact T. Mitchell Hudson,
Jr., Attorney-Advisor, Office of Chief Counsel, Maritime
Administration, at (202) 366-9373. You may send mail to Mr. Hudson at
Maritime Administration, 1200 New Jersey Avenue, SE., MAR 225, W24-220,
Washington, DC 20590-0001. You may send electronic mail to
Mitch.Hudson@dot.gov. If you have questions on viewing the Docket, call
Barbara Hairston, Acting Program Manager, Docket Operations, telephone:
202-366-9826.
SUPPLEMENTARY INFORMATION: Following the enactment of the Cruise Vessel
Security and Safety Act of 2010 (``CVSSA''), the USCG, MarAd, USMMA,
and the FBI began work, as directed under the act, developing the
standards and curricula to allow for the certification of security
personnel. Published in July of 2011, the ``Model Course CVSSA 11-01
Crime Prevention, Detection, Evidence Preservation and Reporting'' set
the standards for security personnel training. The CVSSA training
requirements are applicable to passenger vessels that carry at least
250 passengers; have onboard sleeping facilities for each passenger;
are on a voyage that embarks and disembarks passengers in the United
States; and are not engaged on a coastwise voyage. Since July 27, 2011,
passenger vessels have been required to certify to the USCG that they
have at least one crewmember on board that is properly trained on
prevention, detection, evidence preservation, and reporting
requirements of criminal activities in the international maritime
environment before entering a United States port on a voyage or voyage
segment on which a United States citizen is a passenger.
MarAd is now proposing to implement a voluntary training provider
certification program to help assure the general public that passenger
vessel security and safety personnel have received proper training
consistent with the model standards developed by USCG in coordination
with MarAd, the USMMA, and the FBI, and in order to assist the industry
in obtaining quality training services. Training providers seeking to
be certified by MarAd will be required to submit training plans and
supporting information for review. If the training provider's plans
meet the model course criteria, the agency will offer its certification
subject to the training provider entering into an agreement which, in
addition to other terms, will subject the organization to program
audits. The MarAd application procedure and program details will be
available to the public on its Web site www.marad.dot.gov/cvssa.
Proposed New Policy
The agency is requesting public comment on the following proposed
application procedure and training provider agreement:
How To Become a Maritime Administration (MarAd) Certified CVSSA
Training Provider
Is there a model course that training providers must follow in order to
become a MarAd Certified CVSSA Training Provider?
Yes. Training provider certification is voluntary. Training
providers seeking certification must meet the minimum requirements
found in the Model Course CVSSA 11-01; Crime Prevention, Detection,
Evidence Preservation and Reporting (July 2011 version). The course was
prepared by the United States Coast Guard, in consultation with MarAd
and the Federal Bureau of Investigation. A copy of the Model Course is
available for download at MarAd's Web site: www.marad.dot.gov/cvssa.
What is the scope of the model course?
The model course is intended to provide the knowledge required for
personnel who are assigned passenger vessel security responsibilities
to perform their duties as mandated in the Cruise Vessel Security and
Safety Act of 2010, Public Law 111-207 (July 27, 2010) (codified at 46
U.S.C. 3507-08).
What should be included in my application for MarAd certification?
In addition to the following items, the applicant must include a
signed Training Provider Agreement. (An agreement wherein the applicant
agrees to an audit regimen and to additional specific requirements for
certification.)
Note: Except where indicated, all items pertain to live training
and E-learning courses.
1. Include the following information about your organization:
Company name;
Business address;
State of incorporation;
Articles of Incorporation; and
Name, address, and contact information of individual that
will liaise with MarAd.
2. Include a list of instructors with a description of their
experience, background, and qualifications that demonstrate that they
have the subject matter expertise to answer student questions, as well
as the instructional capability to impart the required information to
students.
[[Page 30958]]
3. Cruise lines must provide the names, positions, and backgrounds
of shore side and shipboard staff that will evaluate, review, and
monitor any element of the CVSSA course.
4. Include a course schedule, including the length of each lesson
and indicate whether the lesson is presented through a classroom
lecture, distance E-learning, practical demonstration, or simulator
exercise and the particulars of how the assessment of students will be
administered.
Note: Each lesson in the course schedule must be prefaced by a
number that corresponds to the subject area listed in the Model
Course teaching syllabus and outline.
5. Include a course outline, containing a summary of the teaching
syllabus and learning objectives by subject area with the number of
hours to be allocated for each lecture, practical demonstration, or
simulation program. A detailed instructor manual must be submitted.
Submissions should demonstrate the focus of the course while
highlighting how the course conforms to the standards and content
contained in the model course.
6. For E-Learning courses, include an estimate of the time required
for a student to complete the lesson and any applicable time limits for
lesson completion.
7. For E-Learning courses, include information describing the
method for distance learners to obtain prompt feedback and assistance
from someone meeting the same qualification standards as an instructor
in a ``live'' course.
8. Include a sample student course evaluation form(s) or the
training provider's procedures for obtaining student feedback on the
effectiveness of the instruction and instructors.
9. For live training courses, include the following information for
the training facility:
address;
description of the training facility rooms including
capacity of rooms; and
description of the equipment that will be used during the
course, including all equipment to be used during hands-on training
and/or testing, and any simulators or simulation programs to be used.
If a simulator or simulation program is to be used, include technical
specifications and brochures provided by the manufacturer.
10. Provide the maximum class size for classroom lessons and, if
appropriate, for practical demonstrations or simulation exercises and
assessments, including the number of the students per simulator.
Provide the learner/teacher ratio and provide the organization's policy
for circumstances when more than one instructor will be present during
any of the lessons.
11. Include copies of all visual aids and a discussion of how
audiovisual and other aids will be used during the training course, and
which performance objectives they will impact. (This information may be
a part of the curriculum documentation that discusses the make-up of
the lesson plans.)
12. Include, as appropriate, sample copies of all student handouts,
homework assignments, workbooks, and a bibliography of textbooks to be
used. Include, as appropriate, sample copies of all written
assessments, the grading procedure to be used, the frequency of
revision, and what will be considered a passing score.
13. Include a detailed description of any practical or simulator
assessments, tests, or exercises that describe the situation presented
to the student; what the students must do to successfully complete each
assessment and how each student's performance will be evaluated and
recorded. Include a separate checklist to evaluate each practical
assessment, if any, and what is considered a passing score. This
checklist must include the condition under which the practical
demonstration will occur, the behavior to be observed, and the criteria
for successful completion of the demonstration. Include a discussion of
how the instructor(s) will determine final grades by proportioning
written and practical examination scores as appropriate.
14. Include a description of the training provider's policy on re-
tests of failed assessments.
How long should my organization maintain course records?
A training provider must maintain a file at the training facility,
or other location approved by MarAd, available for review within 3
business days of notice, for at least 5 years after the end of each
student's enrollment.
What should be contained in the administrative record?
The record must be comprised of the student's assessment reports, a
report of practical tests administered (if any), and a record of
classroom attendance. If approved courses are taught in more than one
location, or if the course is delivered by E-Learning, the records must
be made available within 3 business days of notice.
How should my organization administer course completion certification?
The MarAd certified CVSSA Training Provider must first verify the
identity of all students (whether live training or E-learning) who have
completed a certified security training course and issue consecutively
numbered certificates to students who successfully complete the
approved course. Blank course completion certificates must be kept
secure at all times. The paper stock of course completion certificates
must contain micro printing, watermarks and/or other effective measures
to help prevent production of fraudulent certificates. Training
providers should consult International Maritime Organization MSC/Circ.
1089 ``Guidance on Recommended Anti-Fraud Measures and Forgery
Prevention Features for Seafarers' Certificates'' available via the IMO
Web site at www.imo.org.
Course completion certificates should be in a standardized format
and contain the following:
the name of the course as stated in the course
certification letter;
the name of the school or training provider;
the date the training began and was completed;
the signatures of the course instructor and director or
department head; and
the student's full name.
May my organization deviate or modify from the specifications of the
Model Course and still obtain MarAd approval and certification?
Any deviations or modifications from the specifications of the
Model Course must be highlighted in the application for certification
with an explanation justifying the change, its benefits, and how the
additional material will be covered. (One example of material that may
not be covered during classroom training is found under Section 4:
Security Equipment. On board training may be the more appropriate venue
for the instruction in the use of the equipment. Training providers
must provide documentation that security personnel that are certified,
have received training in this area.)
Implementation and Administration
MarAd will evaluate the application's supporting documentation and
either approve or disapprove the content of the submission. Upon
approval, the organization will enter into a voluntary agreement with
MarAd evidencing the applicant's intention to implement the MarAd
approved training regimen.
[[Page 30959]]
Training Provider Certification will be issued to the applicant only
after the voluntary agreement has been entered into. MarAd will
thereafter publish the certified training providers name and contact
information on its Web site.
Where would I submit my application for certification?
A training provider seeking MarAd certification as a CVSSA Training
Provider may electronically submit the required information to
www.marad.dot.gov/cvssa or by mail addressed as follows: Department of
Transportation, Maritime Administration, Attention: CVSSA Training
Certification Program, 1200 New Jersey Ave. SE., Washington, DC 20590.
How will I know whether I was approved for certification?
MarAd will issue a course approval letter and certification. The
letter will inform you that in order to maintain certification, the
course must be conducted consistent with the information provided in
your application.
After my course is approved and my organization is certified, are there
any on-going responsibilities necessary to maintaining my
certification?
Yes. It will be incumbent upon the certified training organization
to notify the MarAd CVSSA certification program office in writing
within 30 calendar days of any changes in information last furnished
with respect to the course, teaching staff, maximum teacher/student
ratio, maximum class size, training facility, or training equipment.
It will also be incumbent upon the certified training organization
to maintain a copy of all students' identification for purposes of
MarAd audit and law enforcement.
How will MarAd review training provider compliance?
MarAd will ensure compliance utilizing two methods-1. Audits
performed by private accredited auditors on a scheduled basis and 2.
Random audits performed by agency personnel. The first accredited audit
will be scheduled to occur within the first 6 to 12 months of MarAd
certification. Thereafter, two more accredited audits will be scheduled
over years 2 and 3 with a final audit to take place no earlier than 6
months before the expiration of the MarAd certification.
Does my certification expire?
Course approvals and certification are effective for a period of
five years or until the approval and certification is suspended or
withdrawn.
How can I renew my organization's certification?
A request for the renewal of a course approval and certification
should be submitted at least 90 days before the current approval
expires. The applicant is responsible for the content of its
submission. Therefore, the renewing organization should review MarAd
application instructions and guidance in order to ensure that the new
application is consistent with current MarAd requirements. Assuming
that no updates have been made to the CVSSA training provider
application process, to facilitate the renewal process, all changes
should be highlighted. If there have been no changes since the last
approval, a statement to the effect that the curriculum, instructors,
and facilities are the same as was previously submitted and approved
should accompany the submittal.
Revocation and Appeal Process
Training providers can appeal disapproval, revocation, or
suspension of the certificate by appealing to the Maritime
Administrator or his designated representative. The appeal must be in
writing and address the specific reasons why you believe your
submission should be approved or reinstated by MarAd.
MARITIME ADMINISTRATION (MarAd) CERTIFIED CVSSA TRAINING PROVIDER
AGREEMENT
I, -------------------- (NAME) AM AUTHORIZED BY AND IN BEHALF OF --
------------------ (THE CORPORATION) A CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF ------------ (HEREINAFTER
CALLED THE ``CORPORATION''), WITH OFFICES AT -------------------- , --
------------------ (BUSINESS ADDRESS) IN EVIDENCE OF WHICH
INCORPORATION A CERTIFIED COPY OF THE ARTICLES OF INCORPORATION (OR
ASSOCIATION) IS FILED HEREWITH (OR HAS BEEN FILED).
I AM AUTHORIZED BY AND IN BEHALF OF THE CORPORATION TO EXECUTE AND
DELIVER THIS AGREEMENT AS A CONDITION OF MarAd APPROVAL AND
CERTIFICATION:
(I) The Corporation agrees that:
(a) the content of approved training courses will conform to the
syllabi of the Model Course CVSSA 11-01 Crime Prevention, Detection,
Evidence Preservation and Reporting, or other model courses that may be
approved by MarAd.
(b) a complete administrative record to include the student's
assessment reports, a report of practical tests administered, and a
record of classroom attendance, will be maintained at the training
facility or other location approved by MarAd and will be made available
for MarAd review within 3 business days of notice for at least 5 years
from the student's date of enrollment.
(c) training courses will be conducted as proposed and in
accordance with the conditions of the approval as stated in the course
approval letter.
(d) all administrative records will be provided electronically to
MarAd within 3 business day of a request for review by MarAd officials.
(e) it will accommodate MarAd attendance in CVSSA training classes
and training facilities whether unannounced or otherwise.
(f) it will authorize course instructors to answer MarAd inquiries
and provide course material as requested.
(g) the identity of students will undergo verification and be
evidenced through one of the forms of photo identification listed under
section (h) below. For E-Learning, equivalent arrangements for student
identity will be established, controlled, provided, and administered at
the training provider's centralized location.
(h) Acceptable forms of identification are:
(1) Merchant Mariner Document;
(2) National Passport;
(3) Armed Forces Identification Card;
(4) Photo identification cards issued by U.S. federal, state, or
local government agencies; or
(5) Driver's license with photo of the driver.
(i) it will maintain a copy of all students' identification for
purposes of MarAd audits and law enforcement.
(j) E-learning student projects and work will be reviewed by an
assessor meeting the same qualification standards as an instructor in a
live course.
(k) instructors or training provider personnel will not assist or
coach
[[Page 30960]]
students in any way during the evaluation process.
(l) it will issue consecutively numbered certificates to students
who successfully complete the approved course.
(m) blank course completion certificates will be kept secure at all
times.
(1) The paper stock of course completion certificates will contain
micro printing, watermarks and/or other effective measures to help
prevent production of fraudulent certificates.
(2) Course completion certificates will be in a standardized format
and contain the following:
(i) the name of the course as stated in the course certification
letter;
(ii) the name of the school or training provider;
(iii) the date the training began and was completed;
(iv) the signatures of the course instructor and director or
department head; and
(v) the student's full name.
(II) The Corporation agrees to provide:
(a) the class schedule to MarAd one month before any CVSSA training
class enrollment.
(b) copies of training textbooks upon request from MarAd.
(c) notice to MarAd of any instructor changes no fewer than 10 days
prior to course enrollment.
(d) notice to MarAd in writing within 30 calendar days of any
changes in information previously provided and relied upon for approval
and certification including but not limited to the Corporation, the
courses, teaching staff, maximum teacher/student ratio, class size,
training facility, or training equipment.
(e) photographs, diagrams, or plans of the training site.
(f) a description of the equipment that will be used during the
course. This includes all equipment to be used during hands-on training
and/or testing, and any simulators or simulation programs to be used.
If a simulator or simulation program is to be used, include technical
specifications and brochures provided by the manufacturer.
(g) a request for renewal of course approval and certification at
least 90 days before the approval and certification expiration date.
(III) The Corporation agrees to independent audits of its CVSSA
Training Program within 30 days of being directed by MarAd and:
(a) carried out at the expense of the Corporation and performed by
a MarAd approved independent third party.
(b) the results of which will be provided directly to MarAd by the
third party auditor.
(c) will instruct its third party auditor to provide the corrective
action (CA) plan to MarAd.
(d) subject to MarAd's right to reject the CA plan and to provide
its own CA plan directly to the training provider.
(e) will allow implementation of a MarAd corrective action plan if
the third party audit CA plan is rejected by MarAd.
(f) will report any and all training non-conformities immediately
to MarAd.
(IV) The Corporation acknowledges, understands, and further agrees
that:
(a) MarAd course approval and provider certification are effective
for a period of five years from the date of the approval letter; or
until the approval and certification is revoked or suspended.
(b) MarAd may suspend or revoke its approval and certification at
any time, without notice and with immediate effect.
(c) upon written notice of suspension or revocation of
certification, the Corporation will immediately cease any display,
marketing or otherwise, of MarAd certification.
(d) MarAd disapproval, or the suspension or revocation of approval
and certification may only be appealed in writing to the Maritime
Administrator or his designated representative and by addressing the
specific reasons why the approval and certification should be made or
reinstated.
--------------------
Signature of Authorized Official, Title, Date
PENALTY FOR FALSE STATEMENT: A fine or imprisonment, or both, are
provided for violation of the proscriptions contained in 18 U.S.C.
Sec. 1001 (see also 18 U.S.C. Sec. Sec. 286 and 287).
SPECIFIC ISSUES FOR COMMENT:
In addition to seeking general comments on the proposed new policy,
the agency is requesting public comment on the following issues:
1. How best to make MarAd certification readily apparent to the
general public;
2. Whether foreign based training providers will be faced with
legal barriers or other special challenges in submitting a complete
application or complying with program requirements; and
3. Whether the proposed process raises specific legal or practical
issues for the program participant or the cruise line passenger.
POLICY ANALYSIS AND NOTICES:
Consistent with the Administrative Procedures Act and Department of
Transportation rulemaking policy, MarAd is publishing this proposed
policy in the Federal Register to indicate how it plans to exercise the
discretionary authority provided by Section 3508 of the Cruise Vessel
Security and Safety Act of 2010. This proposed policy would establish a
voluntary program in which successful applicants would obtain MarAd
cruise vessel security and safety training provider certification.
Paperwork Reduction Act: This proposed policy would establish a new
requirement for the collection of information for all program
participants. The Office of Management and Budget (OMB) will be
requested to review the information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. Section 3501, et seq.).
In accordance with the Paperwork Reduction Act, this document
announces MarAd's intentions to request public comments regarding the
collection of information arising under this proposed policy.
--Copies of this notice and information collection request may be
obtained from the Office of Security, MAR-420, Suite W25-308, 1200 New
Jersey Avenue SE., Washington, DC 20590.
--Title of Information Collection: CVSSA Training Provider
Certification Program
--OMB Control Number: Pending.
--Form Number: None.
--Expiration Date of Approval: Three years following approval by the
Office of Management and Budget.
--Summary of Collection of Information: Persons or Entities seeking to
obtain or maintain MarAd certification as CVSSA Training Providers.
Persons or Entities seeking training provider certification must submit
certain information described in the proposed application procedure and
sign the training provider agreement. No particular form is required
for the application procedure. However, all information described in
the application procedure will be required to be submitted and is
necessary for proper review of the applicant's qualifications. The
training provider agreement will be required to follow the published
format and be signed by the successful applicant before MarAd will
issue its certification. To maintain training provider certification,
training providers will
[[Page 30961]]
be required to submit to random audits and to provide accredited audit
reports to MarAd on a scheduled basis.
--Need for and Use of the Information: The information collected will
be used to analyze the applicant's methods and process of instruction
in providing information that is comprehensive in scope and consistent
with the USCG Model Course. Information arising under training provider
audits will be used to ensure that certified training providers remain
qualified throughout the certification period. The training provider
agreement is necessary to establish an understanding between the agency
and the training provider that certain terms must be met in order to
hold and maintain MarAd training provider certification. Without this
information, MarAd would not be able to offer the benefit of its
training provider certification to program applicants. In addition,
MarAd training provider certification will assist the USCG in ensuring
cruise vessel CVSSA compliance.
--Description of Respondents: Individuals, partnerships, or
corporations seeking training provider certification.
--Annual Responses: Once the Program is implemented, the agency
anticipates between 25-35 submissions each year. Certification is
anticipated to span a period of 5 years before expiration and renewal.
However, the agency does anticipate the collection of information
annually from the same estimated number of training providers seeking
to maintain their certification by complying with agency audits.
--Annual Burden: 40 hours per program participant.
(Authority: The Cruise Vessel Security and Safety Act of 2010, 46
U.S.C. Sec. 3508)
* * * * *
Dated: May 17, 2013
By Order of the Maritime Administrator.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013-12300 Filed 5-22-13; 8:45 am]
BILLING CODE 4910-81-P
