Mariner Cadet Training-Agreements, Compliance Reporting, and Audits

Forms and Documents

Document Name	Status
Form MA-1084 Safety Management System Checklist SMS Authority Approval Form and Instruction	New
Form MA-1085 Enrollment Statement of Compliance and Checklist Form and Instruction	New
Letter Requesting Emergency Approval.pdf Supplementary Document	2021-12-21
20211221 EMBARC Standards Policy.docx Supplementary Document	2021-12-21
20211221 Supporting Statement Mariner Cadet Training Compliance Reporting and Audits.docx Supporting Statement A	2021-12-21

IC Document Collections

IC ID	Document Title	Status
250888	SASH Compliance Quarterly Meeting	New
250887	SASH Violations Reporting	New
250885	Onboarding Recordkeeping	New
250884	Onboarding Reporting	New
250883	Vessel Operator Training Recordkeeping	New
250882	MARAD and 3rd Party Audits of the Vessel Operators	New
250880	Vessel Operator Self Audits	New
250879	Safety Management System Checklist SMS Authority Approval Form and Instruction	New
250876	Enrollment Statement of Compliance and Checklist Form and Instruction	New
250875	Initial Submission (SASH Policy)	New

ICR Details

OMB Control No: 2133-0553	ICR Reference No: 202112-2133-001
Status: Active	Previous ICR Reference No:
Agency/Subagency: DOT/MARAD	Agency Tracking No: 2133-NEW
Title: Mariner Cadet Training-Agreements, Compliance Reporting, and Audits
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/23/2021
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/23/2021
	Date Received in OIRA: 12/23/2021
Terms of Clearance: This version of the EMBARC plan and its related information collections represents a first step on behalf of the agency in ensuring cadet safety aboard commercial vessels. The agency will continue to work with stakeholders both in and out of government to develop a long-term plan that fosters overall improvements in culture and in the safety of its cadets aboard commercial vessels. The agency will report to OMB on its progress prior to submitting its request for an extension of this information request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2022	6 Months From Approved
Responses	428	0	0
Time Burden (Hours)	1,615	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: In accordance with its delegation of authority at 49 CFR 1.93(a), and pursuant to 46 U.S.C. 50101(a)(4), the Maritime Administration (MARAD) is charged with ensuring that the United States Merchant Marine is manned with trained and efficient citizen personnel. Furthermore, 46 U.S.C. 51322 requires MARAD to protect cadet mariners from sexual assault onboard vessels and in so doing, to set sexual assault policy and to conduct random and targeted unannounced checks of commercial vessels.

Emergency Justfication: In September of 2021, a student at the USMMA published a disturbing account of sexual assault occurring while onboard a commercial vessel during her cadet at sea training. On October 2, 2021, the Deputy Secretary, Department of Transportation (DOT), issued a statement committing to "move swiftly and resolutely to address sexual assault and harassment, protect and support survivors, and fulfill our deep commitment to the vital work of the USMMA." Shortly thereafter, to protect the safety of cadet mariners, the DOT, and MARAD, which is responsible for providing oversight of the USMMA and support to the nation's State Maritime Academies, paused the use of commercial vessels in what is called Sea Year training for cadets. From that time until now, MARAD has been working to develop and establish the means to protect cadets' personal safety and security in the course of their training onboard commercial vessels. As a result of these efforts, MARAD is now prepared to issue interim sexual assault and sexual harassment prevention measures to be agreed to and incorporated by commercial vessel operators before resuming cadet training on commercial vessels. The inability to safely utilize commercial vessels for mariner training is presently disrupting cadets' ability to predict when and how they may obtain the necessary experience required to obtain their U.S. Coast Guard Merchant Marine Officer license while at the same time adversely impacting an industry that relies on the cadets as valued crew members. However, cadet safety being paramount, MARAD cannot resume training on commercial vessels until it solidifies an understanding with the vessel operators on how best to protect against sexual assault and harassment moving forward.

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Authorizing Statute(s): US Code: 46 USC 50101 (a)(4) Name of Law: Shipping Objectives and Policy
   US Code: 46 USC 51322 Name of Law: Protection of Cadets from Sexual Assault Onboard Vessels
   US Code: 49 USC 1.93 Name of Law: Delegations to the Maritime Administrator
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Enrollment Statement of Compliance and Checklist	MA-1085	EMBARC Statement of Compliance
Initial Submission (SASH Policy)
MARAD and 3rd Party Audits of the Vessel Operators
Onboarding Recordkeeping
Onboarding Reporting
SASH Compliance Quarterly Meeting
SASH Violations Reporting
Safety Management System Checklist SMS Authority Approval	MA-1084	EMBARC Checklist
Vessel Operator Self Audits
Vessel Operator Training Recordkeeping

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	428	0	0	428	0	0
Annual Time Burden (Hours)	1,615	0	0	1,615	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new information collection.

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Annual Cost to Federal Government: $205,612

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/23/2021

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