[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30956-30961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12300]
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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.
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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 http://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
http://www.regulations.gov including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to http://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
[email protected]. 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]
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