60-day FRN

2018-05-31 CoE FRN FR 83 25109.pdf

Center of Excellence for Domestic Maritime Workforce Training and Education Annual Applications for Designation

60-day FRN

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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices
DEPARTMENT OF TRANSPORTATION

a.m. and 5 p.m., Monday through
Friday, except Federal Holidays.

Maritime Administration

FOR FURTHER INFORMATION CONTACT:

[Docket No. MARAD–2018–0088]

Centers of Excellence for Domestic
Maritime Workforce Training and
Education
Maritime Administration,
Department of Transportation.
ACTION: Notice and request for
comments.
AGENCY:

This notice provides
interested parties with the opportunity
to comment on the Maritime
Administration’s (MARAD) application
process to designate training entities as
Centers of Excellence for Domestic
Maritime Workforce Training and
Education (CoE). The Secretary of
Transportation, acting through the
Maritime Administrator, may make CoE
designations and enter Cooperative
Agreements with CoE designees.
MARAD is developing the below
Proposed Applicant Guide and invites
public comment to ensure that the
designation procedure and guidance is
simple, clear, and comprehensive.
DATES: Comments must be received on
or before July 2, 2018. MARAD will
consider comments filed after this date
to the extent practicable.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2018–0088 by any of the
following methods:
• Website/Federal eRulemaking
Portal: Go to http://
www.regulations.gov. Follow the
instructions for submitting comments
on the electronic docket site.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, Room PL–401,
Washington, DC 20590–0001.
• Hand Delivery: Room PL–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.
Instructions: All submissions must
include the agency name and docket
number for this notice.

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SUMMARY:

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 the Applicant Guide or comments
received, go to http://
www.regulations.gov at any time or to
Room PL–401 of the Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC, between 9

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You
may contact Nuns Jain, Maritime
Administration, at 757–322–5801 or by
electronic mail at [email protected].
You may send mail to Nuns Jain at
Maritime Administration, Building 19,
Suite 300, 7737 Hampton Boulevard,
Norfolk, VA 23505.
SUPPLEMENTARY INFORMATION: Following
the enactment of the National Defense
Authorization Act of 2018, Public Law
115–91 (the ‘‘NDAA’’), MARAD is
developing a procedure to designate
eligible institutions as Centers of
Excellence for Domestic Maritime
Workforce Training and Education
(CoE). Qualified training entities seeking
to be designated as a CoE will be
required to apply with MARAD. The
application will include information to
demonstrate that the applicant
institution meets certain eligibility
criteria, designation requirements, and
attributes consistent with Section 3507
of the NDAA, codified at 46 U.S.C.
54102. The final MARAD application
process and procedure will be made
available to the public on its website
www.MARAD.dot.gov. MARAD invites
your comment on the below Proposed
Applicant Guide and the issues
specified under the Scope of Comments
section.
Scope of Comments
In addition to seeking general
comments on the proposed applicant
guide, the agency is interested in
learning 1. Whether the proposed
definitions of ‘‘Community or Technical
College’’, ‘‘Maritime Training Center’’
and ‘‘Operated by, or under the
supervision of a State’’ are clear,
appropriate and adequate to cover all
institutions who may be eligible to
apply for designation under the statute;
2. Whether the proposed Designation
Requirements and Designation
Attributes are clear, appropriate, and
adequate; and 3. Whether there are less
burdensome methods to evidence
applicant qualifications.
Proposed Applicant Guide
How To Be Designated as a Center of
Excellence for Domestic Maritime
Workforce Training and Education
1. Important Definitions
a. ‘‘Afloat Career’’ means a career as
a merchant mariner compensated for
service aboard a vessel in the U.S.
merchant marine. This includes vessels
of all types covering all U.S. Merchant
Marine segments, whether or not
documented, including, but not limited

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25109

to—oceangoing, coastwise, Great Lakes,
inland, harbor, towing, offshore
industry, cruise, pleasure boats, tourist
boats, ferries, dredging, research vessels,
government-owned, etc.;
b. ‘‘Arctic’’—means all United States
and foreign territory north of the Arctic
Circle and all United States territory
north and west of the boundary formed
by the Porcupine, Yukon, and
Kuskokwim Rivers; all contiguous seas,
including the Arctic Ocean and the
Beaufort, Bering, and Chukchi Seas; and
the Aleutian chain. [Section 112 of the
Arctic Research and Policy Act of 1984,
codified at 15 U.S.C. 4111];
c. ‘‘Ashore Career’’ means a career in
in the shore based maritime industry.
Ashore based maritime industry
includes, but is not limited to vessel
operations, ship management, ship
building and ship repair, port
operations and management, marine
terminal operations and management,
vessel design, ship brokerage, marine
insurance, pilotage, towing industry,
offshore industry, dredging and
maritime-oriented supply chain
operations;
d. ‘‘Community or Technical College’’
means an institution of higher education
that
(A) admits as regular students,
persons who are beyond the age of
compulsory school attendance in the
State in which the institution is located;
and
(B) does not provide an educational
program for which the institution
awards a bachelor’s degree (or an
equivalent degree); and
(C) (i) provides an educational
program of not less than 2 years in
duration that is acceptable for full credit
toward a bachelor’s or equivalent
degree; or
(ii) offers at least a 2-year program in
engineering, mathematics, or the
physical or biological sciences, designed
to prepare a student to work as a
technician or at the semiprofessional
level in an industry field that involves
engineering, scientific, or other
technological fields requiring the
understanding and application of basic
engineering, scientific, or mathematical
principles of knowledge; and
(D) that is partially supported by
public funds from the state or its
political subdivisions.
e. ‘‘Maritime Training Center’’ means
a training institution—
(A) that provides a structured program
of training courses to prepare students
and/or enhance their skills for Afloat
Careers and/or Ashore Careers in the
maritime industry; and
(B) that is not a ‘‘Community or
Technical College’’

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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

f. ‘‘Mississippi River System’’ means
the mostly riverine network of the
United States which includes the
Mississippi River, and all connecting
waterways, natural tributaries and
distributaries. The system includes the
Arkansas, Illinois, Missouri, Ohio, Red,
Allegheny, Tennessee, Wabash and
Atchafalaya rivers. Important
connecting waterways include the
Illinois Waterway, the TennesseeTombigbee Waterway, and the Gulf
Intracoastal Waterway;
g. ‘‘Operated by, or under the
supervision of a State’’ means operated
by or under the supervision or control
of a public entity of a State government
or one of its subdivisions, including, but
not limited to, county governments, city
or local governments, and public-school
systems;
h. United States Maritime Industry
includes all segments of the working
community involving the maritime
related transportation activities
involving the transportation system of
the United States, both in domestic and
foreign trade, blue water and brown
water, coastal and inland waters, as well
as non-commercial maritime activities,
such as pleasure boating, and all of the
industries that support such uses,
including, but not limited to vessel
construction and repair, vessel
operations, ship logistics supply,
berthing, port operations, port
intermodal operations, marine terminal
operations, vessel design, marine
brokerage, marine insurance, marine
financing, chartering, maritime-oriented
supply chain operations, offshore
industry.
2. What is the Center of Excellence for
Domestic Maritime Workforce Training
and Education (CoE) Program?
Pursuant to Section 3507 of the
National Defense Authorization Act,
2018, Public Law 115–91 (December 12,
2017), codified at 46 U.S.C. 54102, the
Secretary of Transportation may:
a. Designate a covered training entity
as a Center of Excellence for Domestic
Maritime Workforce Training and
Education (CoE).
b. Enter into a cooperative agreement
with a designated CoE.

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3. Who is eligible to apply for
designation as a CoE?
An educational institution that
provides training and education for the
domestic maritime workforce is eligible
to apply to MARAD for designation as
a CoE if it can demonstrate satisfactory
compliance with the following
Eligibility Criteria for a covered training
entity under the statute:

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I. The institution is in a State that
borders on the:
a. Gulf of Mexico;
b. Atlantic Ocean;
c. Long Island Sound;
d. Pacific Ocean;
e. Great Lakes;
f. Mississippi River System;
g. Arctic; or
h. Gulf of Alaska.
II. The institution is either:
a. A Community or Technical College;
or
b. A Maritime Training Center.
i. Operated by, or under the
supervision of a State; and
ii. With a maritime training program
in operation in its curriculum on
12/12/2017.
4. What are the selection criteria for
designation as a CoE?
An eligible training institution
applicant must demonstrate satisfactory
compliance with the Designation
Requirements listed under III through V
and the qualitative Designation
Attributes listed under VI below.
III. The academic programs offered by
the institution will include:
a. One or more Afloat Career
preparation tracks in the United States
Maritime Industry, and/or
b. One or more Ashore Career
preparation tracks in the United States
Maritime Industry.
IV. Institutions offering Afloat Career
tracks will:
a. Meet Regional and/or state
accreditation, as applicable; and
b. Maintain United States Coast Guard
(USCG) approval for the merchant
mariner training program and/or
merchant mariner training course(s)
offered by the institution, as applicable;
and
c. Provide recruitment and placement
statistics that clearly document
institutional effectiveness.
V. Institutions offering Ashore Career
tracks will:
a. Meet Regional and/or state
accreditation, as applicable; and
b. Maintain authorization and/or
endorsement of the program and/or
course(s) by an applicable professional
society or industry body (Welding,
Electrician, Electronics etc.) to issue
industry accepted Certifications that
reflect a professionally recognized level
of educational or technical skill
achievement; and
c. Provide recruitment and placement
statistics that clearly document
institutional effectiveness.
VI. In addition to meeting the
requirements listed above, the CoE is
expected to foster the following
desirable attributes:

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a. Support the workforce needs of the
local, state, or regional economy; and
b. Build the STEM (Science,
Technology, Engineering, and Math)
competencies of local/future workforce
to meet emerging local, regional, and
national economic interests; and
c. Promote diversity and inclusion
among the student body; and
d. Offer a broad-based curriculum and
stackable credentials where applicable;
and
e. Engage and/or collaborate with the
maritime industry; and
f. Engage and/or collaborate with
maritime high schools; and
g. Engage and/or collaborate with
maritime academies and other
institutions for advanced proficiency
and higher education.
5. What agreement may MARAD
execute with a designated CoE?
The Maritime Administrator, or
designee, may enter into a cooperative
agreement with a covered training entity
that has been designated a CoE to
support maritime workforce training
and education, including but not
limited to efforts of the CoE to:
a. Recruit, admit and train students;
b. Recruit and train faculty;
c. Expand and enhance facilities;
d. Create new maritime career
pathways;
e. Award students credit for prior
experience, including military service;
f. Provide funding to the CoE by
grants or otherwise where such funding
is appropriated for such purposes; or
g. Such other activities that are
determined by the Maritime
Administration and the CoE that would
further maritime workforce training and
education.
6. What specific assistance may MARAD
offer to a designated CoE under a
Cooperative Agreement?
The specific assistance that the
Maritime Administration may offer
under the cooperative agreement
includes, but is not limited to:
a. Donation of surplus equipment to
CoEs that also meet the requirements of
46 U.S.C. 51103(b)(2)(C);
b. Temporary use of MARAD vessels
and assets for indoctrination, training,
and assistance, subject to availability
and approval by MARAD, and where
applicable, the Department of Defense;
c. Availability of MARAD subject
matter experts to address students when
feasible; and
d. The provision of funding, to the
extent such funds are appropriated,
available for CoEs under appropriations
law, and notification to CoEs.

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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices
7. Where do I send my application?

12. Does my designation expire?

All applications for CoE designation
or renewals should be submitted to:
Deputy Associate Administrator for
Maritime Education and Training,
Maritime Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590.

The duration of a CoE designation
shall be for a period of five years from
the date of designation.

8. When should I submit my application
for CoE designation?
MARAD will publish a Federal
Register Notice requesting applications
for designation as a Center of
Excellence. That notice will provide you
with information on timing and what
you can expect.
9. What information should be included
in an application for CoE designation?
The application should include
sufficient information to demonstrate
that the applicant institution meets the
Eligibility Criteria, Designation
Requirements and Designation
Attributes listed above.
10. How will I know whether I was
approved for designation?
During the evaluation of the
application and the supporting
documentation. MARAD may request
clarifications or additional information
from the applicant. MARAD will notify
the applicant of the decision regarding
approval or disapproval for designation
within 120 days after receipt of the
application. In the case of approval,
MARAD will thereafter publish the
designated CoE’s name and contact
information on its website.
Upon designation, MARAD may enter
into a cooperative agreement with the
designated institution in accordance
with Sections 5 and 6 of this applicant
guide. MARAD will develop and
forward an agreement draft for the
designated institution’s review before
the agreement is executed.

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11. After my institution is approved and
designated, are there any on-going
responsibilities necessary to
maintaining my designation?
The designated institution shall
submit an annual statement of
continued compliance with the
designation criteria listed under
Questions 3 and 4 and an annual update
to the recruitment and placement
statistics proffered in their application.
At any time, MARAD may request a
designated institution to provide
updated information to support its
continued status as a CoE.

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13. How can I renew my organization’s
designation?
A designated training institution may
apply for renewal of its CoE designation
six months prior to its expiration.
MARAD may renew the CoE designation
and the Cooperative Agreement if the
designated institution successfully
demonstrates sustained excellence at a
level which initially earned the
institution the CoE designation. The
institution must also demonstrate
excellence in accordance with the
applicable Designation Requirements
and Attributes in place at the time of
such renewals. There is no limit on the
number of times MARAD may renew
the CoE designation of a particular
training institution.
14. Can a CoE designation be revoked?
DOT/MARAD may, after notice and
an opportunity to respond, suspend or
revoke the CoE designation of a training
institution, if there is evidence of the
designated institution’s non-compliance
with the designation criteria or the
terms of the cooperative agreement. A
CoE designation shall be subject to
removal if it ceases to meet either the
CoE requirements and attributes
identified in this applicant guide, loses
its approvals to teach accredited
courses, or for good cause shown as
determined by the Maritime
Administration. Designated institutions
can appeal revocation of the designation
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 designation
should be reinstated by MARAD.
Public Participation
How do I submit comments?
Please submit your comments,
including any attachments, following
the instructions provided under the
above heading entitled ADDRESSES. Be
advised that it may take a few hours or
even days for your comment to be
reflected on the docket. In addition,
your comments must be written in
English. We encourage you to provide
concise comments. You may attach
additional documents as necessary.
There is no limit on the length of the
attachments.
Please note that even after the
comment period has closed, MARAD
will continue to file relevant

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information in the Docket as it becomes
available.
Where do I go to read public comments,
and find supporting information?
Go to the docket online at http://
www.regulations.gov, keyword search
MARAD–2018–0088 or visit us in
person at the Docket Management
Facility (see ADDRESSES for hours of
operation). We recommend that you
periodically check the Docket for new
submissions and supporting material.
Will my comments be made available to
the public?
Yes. Be aware that your entire
comment, including your personal
identifying information, will be made
publicly available.
May I submit comments confidentially?
If you wish to submit comments
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Department
of Transportation, Maritime
Administration, Office of Legislation
and Regulations, MAR–225, W24–220,
1200 New Jersey Avenue SE,
Washington, DC 20590. Include a cover
letter setting forth with specificity the
basis for any such claim and, if possible,
a summary of your submission that can
be made available to the public.
Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT/MARAD solicits comments from
the public to better inform its
rulemaking process. DOT/MARAD posts
these comments, without edit, to
www.regulations.gov, as described in
the system of records notice, DOT/ALL–
14 FDMS, accessible through
www.dot.gov/privacy. To facilitate
comment tracking and response, we
encourage commenters to provide their
name, or the name of their organization;
however, submission of names is
completely optional. Whether or not
commenters identify themselves, all
timely comments will be fully
considered. If you wish to provide
comments containing proprietary or
confidential information, please contact
the agency for alternate submission
instructions.
Authority: 49 CFR Sections 1.92 and 1.93.

* * *
Dated: May 25, 2018.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2018–11682 Filed 5–30–18; 8:45 am]
BILLING CODE 4910–81–P

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