[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36125-36131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14875]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number MARAD-2013-0022]


Final Policy: Cruise Vessel Security and Safety Training Provider 
Certification

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final policy.

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SUMMARY: 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 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: [email protected].

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 [email protected]. 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 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

[[Page 36126]]

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 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 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

[[Page 36127]]

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 non-conformities 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 
certification issuance.
    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.

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

[[Page 36128]]

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

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 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 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. 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

[[Page 36129]]

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 re-tests 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.

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 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 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 
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.

or

by mail addressed as follows:

Department of Transportation, Maritime Administration, Attention: CVSSA 
Training Certification Program, 1200 New Jersey Avenue SE., Washington, 
DC 20590.

How will I know whether I was approved for certification?

    MARAD will issue a certification to the training organization. 
MARAD will publish the names of certified training providers on the 
MARAD Web site.

After my course is approved and my organization is certified, are there 
any on-going responsibilities necessary to maintaining my 
certification?

    Yes. Certified training organizations must notify MARAD 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. 
Certified training organizations must also maintain, for audit 
purposes, a copy of the identification of all students who successfully 
complete the course.

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?

    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.

Reconsideration Process

    Training providers may request reconsideration of a disapproval of 
certification, or the suspension or revocation of certification. 
Requests must be in writing, state the basis for the reconsideration 
request, and provide any additional relevant information. Requests must 
be directed to the Maritime Administration Administrator.

[[Page 36130]]

MARITIME ADMINISTRATION 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 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;
    (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 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--------------------------

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).

[[Page 36131]]

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.

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 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