30-Day Federal Register Notice

Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Notices
Issued in Washington, DC, on June 20,
2014.
Ron Hynes,
Director, Office of Safety Assurance and
Compliance.
[FR Doc. 2014–14826 Filed 6–24–14; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD–2013–0022]

Final Policy: Cruise Vessel Security
and Safety Training Provider
Certification
Maritime Administration,
Department of Transportation.
ACTION: Final policy.
AGENCY:

This notice serves to inform
interested parties and the public of the
Maritime Administration’s (MARAD)
new policy on certification of cruise
vessel security and safety training
providers. As required by the Cruise
Vessel Security and Safety Act of 2010,
Public Law 111–207 (July 27, 2010)
(codified at 46 U.S.C. sections 3507–08)
(CVSSA), the U.S. Coast Guard (USCG),
in consultation with the Federal Bureau
of Investigation (FBI), and MARAD
developed training standards and
curricula (the ‘‘Model Course’’) to allow
for the certification of passenger vessel
security personnel, crewmembers, and
law enforcement officials on the
appropriate methods for the prevention,
detection, evidence preservation and
reporting of criminal activities in the
international maritime environment. 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. On May 23,
2013, the agency published a notice in
the Federal Register seeking public
comment on a draft policy under which
such certification would be carried out
(78 FR 30956). In response, the agency
received four separate comments to
which it provides its responses below.
The agency is now announcing its
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 Course. MARAD certification
will serve to assist the cruise industry
in identifying and obtaining qualified
training services.
DATES: This policy will become effective
once the Office of Management and

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SUMMARY:

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Budget approves a current information
collection control number. (See also
Paperwork Reduction Act section.)
ADDRESSES: The complete file for this
policy is available for inspection with
the Docket Clerk, 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. You
may also view the comments submitted
to the docket via the Federal
eRulemaking Portal at http://
www.regulations.gov by following
search instructions using DOT Docket
Number MARAD–2013–0022.
Organizations and individuals
desiring to submit comments on the
collection of information requirements
should direct them to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Washington DC 20503, Attention:
MARAD Desk Officer. Comments may
also be sent via email to the Office of
Management and Budget at the
following address: oira_submissions@
omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: You
may contact T. Mitchell Hudson, Jr.,
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 Cheryl Collins,
Program Manager, Docket Operations,
telephone: (800) 647–5527.
SUPPLEMENTARY INFORMATION: Following
the enactment of the CVSSA, the USCG,
MARAD, and the FBI, as directed under
the Act, developed the Model Course.
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, before entering a United States
port on a voyage or voyage segment on
which a United States citizen is a
passenger, that they have at least one
crewmember on board who is properly
trained on prevention, detection,
evidence preservation, and reporting

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requirements of criminal activities in
the international maritime environment.
MARAD’s voluntary training provider
certification program will help assure
the general public that passenger vessel
security and safety personnel have
received proper training consistent with
the Model Course and will assist the
industry in obtaining quality training
services. Training providers seeking to
be certified by MARAD are 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 are also
available to the public on its Web site
www.marad.dot.gov/cvssa.
Comments on the Proposed Policy
In response to the agency’s Federal
Register notice seeking public comment
on its proposed CVSSA trainer
certification policy, a total of four
separate comment submissions were
made by the following entities: the
International Cruise Victims
Association, Inc. (ICV); the Cruise Lines
International Association (CLIA); the
American Association for Justice (AAJ);
and a private citizen. The agency
responds below to all comments, which
have been organized under four general
topic areas—Statutory Authority,
Program Administration, Public
Information and Trainer/Applicant
Requirements.
Statutory Authority
(1) Comments submitted by ICV
questioned the efficacy of a voluntary
certification program, rather than a
mandatory program, in order to
‘‘provide a standardized training format
for certification.’’
For several reasons, MARAD chose a
voluntary program implemented
through policy rather than issuing a
formal rulemaking to establish a
mandatory requirement. First, because
the CVSSA provides the Administrator
with discretionary authority, the law
allows for the implementation of a
voluntary program. Second, based on
the agency’s successful experience
implementing a voluntary program
under the authority provided by Section
109 of the Maritime Transportation
Security Act of 2002, the agency is
confident that voluntary programs can
be successful at achieving proper
oversight and ensuring regulatory
compliance. Third, MARAD anticipates
the cruise lines will recognize the

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importance of certification of their
program in order to ensure the best
possible safety and security for its
passengers. Lastly, in the event that this
program is unable to establish the
industry standard for security and safety
training through voluntary compliance,
the agency can implement a mandatory
program through regulation, and do so
with the experience to better understand
the issues and challenges.
(2) Comments submitted by ICV
question whether the Security Officer’s
impartiality is compromised by having
no authority in a criminal investigation,
arguing that security personnel should
be agents of the government.
The provided training does not render
ship security personnel agents of the
government in securing a crime scene or
preserving evidence. The training is
designed to ensure that neither the
crime scene nor evidence are disturbed
or destroyed such that their value is lost
or diminished to law enforcement. The
course materials provide an appropriate
level of guidance as to fundamental
aspects of crime scene preservation.
A vessel security officer (VSO), as any
employee of a private concern, only
becomes an agent of the U.S.
government when the security officer is
directed by, tasked by or is otherwise
acting at the behest of the U.S.
Government. Generalized instruction to
VSOs on crime scene preservation prior
to and wholly removed from a particular
incident, do not convert the VSOs into
agents of government.
Program Administration
(1) ICV expressed concerns regarding
the effectiveness, quality and integrity
of distance learning or E-learning course
instruction.
The agency does not agree that
distance learning or E-learning is
necessarily inferior to other methods of
instruction. E-learning models are being
used across industries and in schools
and universities around the world.
During the application review process,
applications that identify E-learning as
a method of training will be scrutinized
for high quality content and use of best
practices. In addition, the audit process
can identify weaknesses in any
particular E-learning course.
(2) Both ICV and CLIA commented on
and questioned various aspects of the
proposed audit process. ICV asked the
agency to clarify when audits will be
scheduled.
Audits must be conducted during the
term of certification as per the following
schedule: An initial audit must be
conducted within 6 months of
certification; a mid-period audit must be
conducted between the second and

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third year anniversary of certification;
and a recertification audit must be
conducted within 6 months prior to
expiration of the certificate. These
audits must be carried out by a qualified
independent auditor, as discussed
below. It is the responsibility of the
training provider to schedule and
ensure completion of these audits. The
training provider must advise MARAD
of the dates of the upcoming audits.
MARAD reserves the right to participate
in the audit along with the independent
auditor.
As clarification, the policy provides
that the final audit will take place ‘‘no
earlier than 6 months before expiration
of the MARAD certification. Therefore,
for example, if the training provider’s
certification expires on December 15,
2020, the training provider must
schedule the final audit between June
16th and December 14th 2020.
(3) ICV and CLIA commented on the
issue of auditor qualifications. ICV
asked what is meant by the term
‘‘accredited’’ auditor.
The program policy has been revised
to remove the term ‘‘accredited.’’
Auditors must be able to demonstrate
that they are competent to carry out the
task and that they have been assessed
against a recognized standard. Auditors
designated by Flag states, or by
Classification Societies that are
members of the International
Association of Classification Societies
(IACS), and ISO 9001 Quality
Management certified auditors, will be
considered qualified auditors.
(4) CLIA also asked how the agency
would determine who is an
‘‘independent auditor?’’
An independent auditor is any
auditor that has not had an affiliation
with the training provider (e.g., an
employee, consultant, etc.) being
audited for three years prior to the
audit.
(5) CLIA asked MARAD to clarify
whether audits will be performed by
agency personnel and/or at the
corporation’s expense.
The costs of audits by qualified
independent auditors will be borne by
the certified training provider. The costs
of MARAD’s participation in those
audits, when MARAD elects to
participate, will be borne by MARAD.
(6) The ICV submitted comments
suggesting that auditors should be
authorized to question personnel having
completed the training in order to
ensure proficiency.
While MARAD’s certification process
pertains to the training provider and not
to individual trainees, auditors may, as
part of an audit, question trainees as one

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means of assessing the effectiveness of
the training program.
(7) Commenters have asked what
actions or issues would cause MARAD
to suspend or revoke a training
provider’s certification.
MARAD may suspend or revoke
certification if the agency determines
that the training provider is unable to
meet the course objectives; has
submitted documentation that is found
to be fraudulent or inaccurate; has failed
to implement corrective actions
satisfactorily or within an agreed time
frame; or at the request of the training
provider. MARAD may consult with the
USCG and FBI on whether to suspend
or revoke certification.
(8) CLIA inquired whether MARAD
will offer retroactive certification to
training providers whose curricula have
been verified by a qualified independent
auditor as consistent with the Model
Course.
MARAD will retroactively certify
training providers if (1) MARAD finds
the training curriculum is consistent
with the Model Course and the training
provider executes the Agreement
discussed below; and (2) an audit
conducted by a qualified independent
auditor prior to issuance of this final
policy found that the curriculum was
consistent with the Model Course, and
that the training offered was effective.
Training providers seeking retroactive
certification must submit their
application, including the audit results,
within three months of the effective date
of this policy. Certification will be
retroactive to the date of the audit, and
will be effective for five years from the
date the certification is issued.
(9) CLIA asked whether applications
and supporting information can be
submitted either electronically or by
paper filing.
Either format is acceptable. MARAD
anticipates that most applications will
be submitted electronically. MARAD
will ensure that the agency’s Web site
provides all necessary contact
information for both electronic and
paper filings.
(10) CLIA expressed concern that 3
days to provide administrative records
would not be enough time and instead
recommends that 10 days would be a
more practical time frame.
Training organizations seeking
MARAD certification must be prepared
to respond quickly if and when
circumstances result in the agency’s
need to review additional information.
If more time is needed, the training
organization may request an extension
and provide a proper justification of the
need to the agency. However, to ensure
that MARAD certification is current and

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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Notices
meaningful to the public, training
organizations must be prepared to
respond within 3 business days. The use
of electronic document exchanges
should minimize any administrative
burden.
(11) CLIA recommended that MARAD
state a particular time frame of 30 days
or less to process an application.
MARAD’s goal is to process each
initial and renewal application as
expeditiously as possible. In the case of
certification renewals, MARAD will
(assuming timely receipt of a complete
application for renewal), extend the
expiration date on current CVSSA
certificates on a case-by-case basis.
(12) CLIA also asserts that 90 days in
advance of expiration is not a
reasonable time frame in which to
submit the certification renewal
application.
The expiration date will be known
from the date of certification; the 90 day
requirement should not be difficult to
meet. Later submissions will be
accepted, however, processing time
could result in a delay in renewal.
(13) CLIA asserts that in-classroom or
real-time monitoring of the course is not
the certifying organization’s role. CLIA
also took issue with the required
training provider agreement wherein it
requires applications to include
photographs, diagrams, or plans of the
training site.
MARAD regards in-classroom
monitoring as a highly effective means
by which the agency can ensure that
training organizations adhere to the
CVSSA Model course. Plans and
photographs can assist the agency’s
understanding of how the trainer will
successfully impart information;
however, we agree that this may not be
necessary in all instances. Therefore,
MARAD has modified the agreement to
provide that such plans and
photographs will be provided upon
request.
(14) Comments submitted by CLIA
seek clarification as to who has the
responsibility to report nonconformities to MARAD.
The training provider has ultimate
responsibility to ensure that MARAD
receives audit results delineating any
non-conformities, and a corrective
action plan. The auditor, however,
should provide the above information
directly to MARAD.
(15) CLIA recommended a grace
period be provided between the time the
final policy is published and an
application is submitted, as well as
between the submission of the
application for certification and
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Since MARAD certification of training
programs is voluntary, the existing
means for compliance with the CVSSA
training requirement at 46 U.S.C.
3508(c) will remain in effect and
sufficient for purposes of CVSSA
compliance. Accordingly there is no
need to establish a grace period in
which to obtain MARAD certification.
Public Information
(1) CLIA asked what information
MARAD will publish on its Web site
regarding training providers.
MARAD will publish the training
provider’s name, corporate contact
information, and the date of
certification. The policy has been
amended to ensure clarity on this point.
(2) CLIA expressed concern that the
application procedure and program
details will be available to the public.
Specifically, they assert that
applications submitted by training
providers should not be open to the
public for review and comment.
Individual training provider
applications should not be subject to a
public notice and comment process.
However, it has been the longstanding
policy of the Department of
Transportation and MARAD to ensure a
transparent administrative process
when it affects members of the public.
Accordingly, in the previous Federal
Register Notice of Proposed New Policy,
the agency described the program
details including the application
process and the Agreement that
successful applicants must sign before
being certified by MARAD. All
concerned should understand, however,
that the release of any information
submitted to the agency by the training
provider is subject to the Freedom of
Information Act and the Privacy Act.
Applicants should identify any
proprietary and/or privacy rights
information they feel is exempt from
release and provide the appropriate
supporting justification.
(3) Comments submitted by CLIA
assert that the course content,
certification details, and training
provider issues are not the purview of
the general public and questioned why
MARAD was soliciting input from
cruise line passengers.
DOT and MARAD support, as sound
public policy, outreach to interested
stakeholders and public participation in
rulemaking and in issuing policy
documents. Doing so is consistent with
the law and builds greater confidence in
and broader acceptance of Federal
Agency judgments.

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Trainer/Applicant Requirements
(1) ICV submitted comments asserting
that the time allotted to crime scene
preservation and evidence collection
training is not adequate to properly
equip security personnel. The time
allotted under the CVSSA Model Course
was determined by USCG, FBI and
MARAD to represent an acceptable
minimum standard. It is the
responsibility of the training provider to
demonstrate that the time allotted for
each topic and for the entire course is
sufficient to meet the requirements of
the Model Course.
(2) Both ICV and CLIA requested the
criteria or standards MARAD will apply
when evaluating instructor
qualifications.
In evaluating instructor qualifications
MARAD will consider relevant training
and education the instructor has
completed, and the nature and extent of
the instructor’s experience in the areas
of security, safety, passenger vessel
operation and law enforcement.
(3) ICV suggested that MARAD
develop a controlled course completion
certificate and oversee issuance to
trainees who complete the course.
MARAD’s certification will be issued
to training providers, not to the
individuals who complete the training
provider’s course of instruction. It is the
responsibility of the training providers
to issue and account for all trainee
course completion certificates.
(4) Commenters stated opposing
views regarding the anticipated
participation of foreign owned training
providers and their qualifications to
obtain MARAD certification.
The CVSSA specifically allows for
certification of foreign training
providers. Accordingly, MARAD will
accept all complete applications from
training organizations both foreign and
domestic and it will issue certifications,
when appropriate, after review of the
application.
(5) CLIA has sought clarification with
respect to the need for submitting
names, positions, and backgrounds of
shore side and shipboard staff members
who will evaluate, review, and monitor
the CVSSA course.
MARAD is seeking to identify training
coordinators and their qualifications
where training is being performed by
cruise line personnel or an independent
training organization. In the case of
independent training organizations, the
information must be provided if known.
In cases where a particular cruise line
holds out-of-classroom training,
conducted by a company official to
augment the Model Course, MARAD
believes a point of contact at the cruise

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lines would benefit the evaluation of the
training provider package.
(6) CLIA questioned the practicality of
identifying by number the
corresponding CVSSA Model Course
section in the training syllabus and
outline provided by certification
applicants.
MARAD recognizes that some courses
may include material beyond that
contained in the Model Course, for
which there would be no corresponding
Model Course section. However, to the
extent possible, the training curriculum
should identify the Model Course
numbered objective in the proposed
syllabus. This will assist MARAD in
performing its review.
(7) CLIA requests clarification on
whether the training provider is
required to provide the policy governing
when additional instructors are
required.
MARAD is not requesting the training
provider’s policy on when additional
instructors will be used. MARAD is
requiring the training provider to
indicate the teacher-student ratio and
upon request, when additional
instructors will be used.
MARAD CVSSA Training Provider
Certification Policy
This policy describes the process
through which MARAD will exercise its
CVSSA discretionary authority to certify
training providers that offer the CVSSA
Model Course.
How To Become A Maritime
Administration (MARAD) Certified
CVSSA Training Provider

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Must organizations that provide security
and safety training be certified by
MARAD?
No. Training provider certification is
voluntary.
Is there a Model Course that training
providers must follow in order to
become a MARAD Certified CVSSA
Training Provider?
Yes. Training providers that are
voluntarily 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 USCG, in consultation with MARAD
and the FBI. A copy of the Model
Course is available for download at
MARAD’s Web site:
www.marad.dot.gov/cvssa.
What is the purpose of the Model
Course?
The purpose is to provide training
standards and curricula to allow for the

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certification of passenger vessel security
personnel, crewmembers, and law
enforcement officials on the appropriate
methods for prevention, detection,
evidence preservation, and reporting of
criminal activities in the maritime
environment.
What should be included in my
application for MARAD certification?
Applications must contain all of the
following information and materials:
1. Training Provider Information:
• Company name;
• Business address;
• State of incorporation;
• Articles of Incorporation;
• Name, address, and contact
information of the individual who will
be the training provider’s point of
contact with MARAD; and
• Signed Training Provider
Agreement.
2. Instructor Information: 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. Where
cruise lines are applying for certification
of in-house training, cruise lines must
provide the names, positions, and
backgrounds of shore side and
shipboard staff members who will
evaluate, review, and monitor any
element of the CVSSA course.
Independent training organizations
must provide this information if known.
3. Course Schedule: 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. For each lesson, where
applicable, indicate the number of the
corresponding subject area from the
CVSSA Model Course.
4. Syllabus and Instructor Manual:
Include a course outline, containing a
summary of the teaching syllabus and
learning objectives by subject area
indicating 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.
5. E-Learning Requirements: For ELearning courses, include an estimate of
the time required for a student to
complete the lesson and any applicable

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time limits for lesson completion. Also,
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.
6. Course Evaluation Form: Include
the course evaluation form that will be
used to obtain student feedback on the
effectiveness of the instruction and
instructors.
7. Training Facility Information: 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.
8. Class Size Information: 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. State the
maximum student to instructor ratio to
be allowed.
9. Visual Aids: 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.)
10. Written Teaching and Testing
Materials: Include copies of all student
handouts, homework assignments,
workbooks, and a bibliography of
textbooks to be used. Include copies of
all tests and examinations. Describe the
grading procedure to be used and what
will be considered a passing score.
11. Practical Testing Materials:
Include a detailed description of any
practical or simulator assessments, tests,
or exercises that will be conducted. For
these exercises, 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. Indicate what is
considered a passing score. This
checklist must indicate the condition
under which the practical

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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.
12. Re-testing: Include a description
of the training provider’s policy on retests of failed assessments.
What course records should be
maintained?
Training providers must retain each
student’s assessment reports, reports of
practical tests administered (if any), and
record of classroom attendance.
How long must my organization
maintain course records?
A training provider must maintain
course records at the training facility, or
other location approved by MARAD, for
at least 5 years after the end of each
student’s enrollment. Course records
must be made available for inspectors
within 3 business days of notice.

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How should my organization administer
course completion certification?
Training Providers must 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 from or
modify the specifications of the Model
Course and still obtain MARAD
approval and certification?
Deviations from or modifications to
the Model Course format are

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permissible, however all course material
required by the Model Course must be
included in proposed course curricula
to the extent stated in the Model Course.
To facilitate MARAD review, training
providers are encouraged to present the
information in the format indicated in
the Model Course outline. Any
proposed deviations from or
modifications to the specifications of
the Model Course must be highlighted
in the application for certification, with
an explanation justifying the change,
discussing its benefits, and describing
how the material will be covered.
What will MARAD do with the materials
submitted?
MARAD will review all information
and materials submitted and determine
whether the course submitted is
consistent with the Model Course. If
consistent, MARAD will issue a training
provider certification after receipt of the
executed training provider Agreement
which acknowledges MARAD and its
designees may audit the course.
Where do 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.

36129

How will MARAD ensure that certified
training organizations provide training
that is effective and consistent with the
Model Course?
MARAD will ensure compliance
through scheduled audits performed by
qualified independent auditors, in
which MARAD personnel may
participate. MARAD may also conduct
audits by agency personnel. Three
audits will take place during the 5-year
certification period. The first audit must
be scheduled within the first 6 months
of MARAD certification. A mid-period
audit will be conducted between the
second and third anniversary of
certification. A final audit must take
place no earlier than 6 months before
the expiration of the MARAD
certification. It is the responsibility of
the training provider to schedule and
ensure completion of these three audits.
It is also the responsibility of the
training provider to ensure that MARAD
receives audit results, descriptions of
non-conformities, and corrective action
plans. Training providers must inform
MARAD in advance of the dates of
upcoming audits.
Does my certification expire?
Certifications are effective for a period
of five years, or until the certification is
suspended or revoked.

How can I renew my organization’s
certification?
or
A request for the renewal of a course
by mail addressed as follows:
approval and certification should be
Department of Transportation, Maritime submitted at least 90 days before the
current approval expires. The applicant
Administration, Attention: CVSSA
is responsible for the content of its
Training Certification Program, 1200
submission. Therefore, the renewing
New Jersey Avenue SE., Washington,
organization should review MARAD
DC 20590.
application instructions and guidance in
How will I know whether I was approved order to ensure that the new application
for certification?
is consistent with current MARAD
requirements. Assuming that no updates
MARAD will issue a certification to
have been made to the CVSSA training
the training organization. MARAD will
provider application process, to
publish the names of certified training
facilitate the renewal process, all
providers on the MARAD Web site.
changes should be highlighted. If there
have been no changes since the last
After my course is approved and my
approval, a statement to the effect that
organization is certified, are there any
the curriculum, instructors, and
on-going responsibilities necessary to
facilities are the same as was previously
maintaining my certification?
submitted and approved should
Yes. Certified training organizations
accompany the submittal.
must notify MARAD in writing within
Reconsideration Process
30 calendar days of any changes in
information last furnished with respect
Training providers may request
to the course, teaching staff, maximum
reconsideration of a disapproval of
certification, or the suspension or
teacher/student ratio, maximum class
revocation of certification. Requests
size, training facility, or training
must be in writing, state the basis for the
equipment. Certified training
reconsideration request, and provide
organizations must also maintain, for
any additional relevant information.
audit purposes, a copy of the
Requests must be directed to the
identification of all students who
Maritime Administration Administrator.
successfully complete the course.

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mstockstill on DSK4VPTVN1PROD with NOTICES

36130

Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Notices

MARITIME ADMINISTRATION
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
llllllll (HEREINAFTER
CALLED THE ‘‘CORPORATION’’),
WITH OFFICES AT llllllll,
(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
MARITIME ADMINISTRATION
(MARAD) APPROVAL AND
CERTIFICATION:
(I) The Corporation agrees that:
(a) The content of approved training
courses will conform to 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 approved and certified by MARAD.
(d) All administrative records will be
provided electronically to MARAD
within 3 business days 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;

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(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, for audit purposes,
a copy of the identification of all
students who successfully complete the
course.
(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
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 commencement.
(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 Corporation status, the course
curriculum, teaching staff, maximum
teacher/student ratio, class size, training
facility, or training equipment.
(e) Photographs, diagrams, or plans of
the training site upon request.
(f) A description of the equipment
that will be used during the course. This
includes all equipment to be used

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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:
(a) Schedule audits of its CVSSA
Training Program by qualified
independent auditors at the
Corporation’s expense, according to the
schedule stated in the MARAD training
provider certification policy;
(b) Require the auditor to provide a
copy of all audit results and any
corrective action plan directly to
MARAD;
(c) Implement expeditiously any
corrective action plan provided by the
auditor or by MARAD;
(d) Immediately report to MARAD any
nonconformity with a certified training
program, whether detected in an audit
or otherwise;
(e) Allow MARAD personnel to
participate in scheduled audits, and
allow MARAD to conduct unscheduled
audits of the Training Program at
MARAD expense.
(IV) The Corporation acknowledges,
understands, and further agrees that:
(a) MARAD certification is effective
for a period of five years from the date
of certification, or until the certification
is suspended or revoked.
(b) MARAD may suspend or revoke its
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 other use of
MARAD certification.
(d) The corporation may request
reconsideration of a disapproval of
certification, or the suspension or
revocation of certification, through a
written request to the Maritime
Administrator discussing in detail the
reasons why relief should be granted.
(e) MARAD approval of an
application is at the discretion of the
agency. Nothing in this agreement or in
the Agency’s policy requires MARAD to
issue a certification.
Signature of Authorized Official, Title,
Date llllllllllllllll
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).

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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Notices
Policy Analysis and Notices
Consistent with the Administrative
Procedures Act and Department of
Transportation rulemaking policy,
MARAD is publishing this policy in the
Federal Register to indicate how it
plans to exercise the discretionary
authority provided by Section 3508 of
the CVSSA. Nothing in this notice or in
the policy itself requires MARAD to
exercise its discretionary authority
under the CVSSA. This policy
establishes a voluntary program in
which successful applicants may obtain
MARAD cruise vessel security and
safety training provider certification.
Paperwork Reduction Act: The
information collection requirements in
this final policy are being submitted for
approval to the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501,
et seq. The sections that contain the
information collection requirements are
detailed in the above section entitled
‘‘HOW TO BECOME A MARITIME
ADMINISTRATION (MARAD)
CERTIFIED CVSSA TRAINING
PROVIDER’’ and the estimated time to
fulfill each requirement and to prepare
a complete application are estimated in
the section entitled ‘‘Collection
Summary’’ below.
The OMB is required to make a
decision concerning the collection of
information requirements contained in
this final policy within 60 days after
publication of this document in the
Federal Register. Therefore, a comment
to OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication. [To direct your
comments, see section entitled
ADDRESSES].
MARAD intends to obtain a current
OMB control number for the
information collection requirements
resulting from this rulemaking action
prior to the effective date of this final
policy. The OMB control number, when
assigned, will be announced by separate
notice in the Federal Register.

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Collection Summary
Persons or organizations seeking
training provider certification must
submit certain information described in
the above section entitled ‘‘How to
become a Maritime Administration
Certified CVSSA Training Provider’’ and
must sign a training provider agreement.
No particular form is required for the
application procedure. However, all
information described in the application
procedure must be submitted and is
necessary for proper review of the
applicant’s qualifications. The training
provider agreement will be required to

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follow the published format and be
signed by the successful applicant
before MARAD will issue its
certification. To maintain certification,
training providers will be required to
undergo audits and to provide audit
reports to MARAD.
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
obtain 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. 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 policy is
effective, the agency anticipates as many
as 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 or 1400 hours total.
Authority: The Cruise Vessel Security and
Safety Act of 2010, 46 U.S.C. 3508, The
Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; 49 CFR 1.49.
Dated: March 26, 2014.
By Order of the Maritime Administrator.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2014–14875 Filed 6–24–14; 8:45 am]
BILLING CODE 4910–81–P

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36131

DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2014 0089]

Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
VALENTINE VENTURE; Invitation for
Public Comments
Maritime Administration,
Department of Transportation.
ACTION: Notice.
AGENCY:

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
July 25, 2014.
ADDRESSES: Comments should refer to
docket number MARAD–2014–0089.
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 http://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 http://
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
[email protected].
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel VALENTINE
VENTURE is:
Intended Commercial Use of Vessel:
‘‘Carry Passengers up to 12; Sport
Fishing, catch not to be sold
commercially; Rent vessel to teach other
boat operators on safety and proper
operation. Vessel will only be rented to
established US companies requiring
Maritime training. Vessel may be
SUMMARY:

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