[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18461-18469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06672]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2022-0057]
Every Mariner Builds a Respectful Culture (EMBARC)--Procedure and
Sexual Assault and Sexual Harassment Prevention Standards
AGENCY: Maritime Administration, Department of Transportation
[[Page 18462]]
ACTION: Notice and request for comments.
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SUMMARY: After consulting with operators of commercial vessels and
other Sea Year stakeholders, on December 15, 2021, the Maritime
Administration (MARAD) released on its website agency guidance entitled
Every Mariner Builds a Respectful Culture (EMBARC). The EMBARC
standards enumerate sexual assault and sexual harassment (SASH)
prevention and response safety criteria for commercial vessel operators
approved to carry cadets from the U.S. Merchant Marine Academy (USMMA)
for training purposes. EMBARC includes compliance procedures, and
sexual assault and sexual harassment (SASH) prevention and response
standards that all commercial vessel operators should implement before
the USMMA entrusts them with the at-sea training of midshipmen. EMBARC
will help strengthen the maritime industry's efforts to prevent and
respond to incidents of SASH and other forms of misconduct and help
ensure a safer training environment for all cadets. By this notice,
MARAD is seeking public comment on its EMBARC policy.
DATES: Comments must be received on or before May 31, 2022. MARAD will
consider comments filed after this date to the extent practicable.
ADDRESSES: You may submit comments identified by DOT Docket Number
MARAD-2022-0057 by any one of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD-2022-0057 and follow the instructions
for submitting comments.
Email: [email protected]. Include MARAD-2022-0057 in the
subject line of the message and provide your comments in the body of
the email or as an attachment.
Mail or Hand Delivery: The Docket Management Facility is
in the West Building, Ground Floor of the U.S. Department of
Transportation. The Docket Management Facility location address is U.S.
Department of Transportation, MARAD-2022-0057, 1200 New Jersey Avenue
SE, West Building, Room W12-140, Washington, DC 20590. Due to flexible
work schedules in response to Covid 19, call 202-493-0402 to determine
facility hours prior to hand delivery.
Note: If you mail or hand-deliver your comments, we recommend that
you include your name and a mailing address, an email address, and/or a
telephone number in a cover page so that we can contact you if we have
questions regarding your submission.
Instructions: All submissions received must include the agency name
and specific docket number. All comments received will be posted
without change to the docket at www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments, see the section entitled Public Participation.
FOR FURTHER INFORMATION CONTACT: Chris Wahler, Director of Maritime
Labor and Training, (202) 366-5469 or via email at [email protected].
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to
contact the above individual during business hours. The FIRS is
available twenty-four hours a day, seven days a week, to leave a
message or question. You will receive a reply during normal business
hours. You may send mail to Department of Transportation, Maritime
Administration, Maritime Labor and Training, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
EMBARC is comprised of SASH prevention and response policies and
procedures, a Self-Assessment Check List, and a Statement of
Compliance. In this notice, MARAD has published the SASH policies,
procedures, and standards for public review. The Self-Assessment Check
List, Statement of Compliance, and Frequently Asked Questions (FAQs)
are also available for review on the docket. Please feel free to
provide any comments on those documents as well.
As a prerequisite to graduation from the USMMA, cadets must obtain
training at sea. This training is required before a cadet may obtain a
U.S. Coast Guard (USCG) license for an unlimited deck or engineering
credential--also a prerequisite for graduation. The U.S. Department of
Transportation (DOT) has stated that all commercial vessel operators
that carry USMMA cadets should adopt and follow EMBARC--a set of
standards and procedures to help prevent and respond to incidents of
SASH. EMBARC is also intended to guide the provision of appropriate
support to survivors of sexual assault and sexual harassment and other
forms of misconduct. As a prerequisite to employing USMMA midshipmen as
cadets aboard their vessels, MARAD expects commercial vessel operators
to evidence implementation of EMBARC and to sign the EMBARC Statement
of Compliance.
The EMBARC standards replace earlier commitments made by vessel
operators to comply with Sea Year eligibility requirements previously
established by MARAD's Shipboard Climate Compliance Team (SCCT). EMBARC
standards apply to owners and operators of vessels subject to the
International Convention for Safety of Life at Sea 1974 (SOLAS).
However, MARAD seeks comments and recommendations related to applying
EMBARC, or substantially similar standards to vessels not subject to
the Convention. We may amend EMBARC so that it will apply to vessels
not required to comply with SOLAS, or we may establish alternative
criteria for such vessels to carry USMMA cadets.
DOT, MARAD, and the USMMA are committed to ongoing evaluation and
improvement of EMBARC and will incorporate best and promising practices
and engage with stakeholders to further strengthen MARAD's EMBARC
guidance. Current EMBARC materials, including frequently asked
questions (FAQs), are maintained and available to the public on MARAD's
website at https://www.maritime.dot.gov/education/sea-year-training-program-criteria/every-mariner-builds-respectful-culture-embarc.
Discussion of Public Input Received and MARAD Actions to Date
Prior to the issuance of MARAD's EMBARC guidance on December 15,
2021, MARAD, USMMA, and DOT officials heard from stakeholders both
internal and external to the U.S. Government. DOT and MARAD staff
visited the USMMA to hear directly from midshipmen, staff, USMMA
alumni, and community members in roundtable-format and small group
meetings. MARAD, USMMA, and DOT officials also met with the U.S. Coast
Guard (USCG), the U.S. Department of Education, Members and staff of
the U.S. Congress, representatives from maritime labor, ship owners and
operators, SMA leaders, and seafarers. Additional interested parties
consulted included maritime workforce associations and non-maritime
organizations with expertise in sexual assault and sexual harassment
response and survivor support. MARAD also held a public workshop to
hear from interested stakeholders and members of the public. This
series of meetings took place from September through mid-December 2021.
At these meetings, MARAD and DOT received stakeholders' individual
comments and recommendations on policies and procedures that could help
strengthen safety for cadets embarked at
[[Page 18463]]
sea--and for all mariners--by helping prevent sexual assault and sexual
harassment, improve support provided to survivors, and support a
culture of accountability.
Following these meetings, MARAD, USMMA, and DOT developed
principles to guide the development of new criteria that would be
applied to commercial vessel operators that train USMMA cadets. These
principles formed the basis for the EMBARC ``Core Tenets'' on which
MARAD seeks comments.
1. Build and maintain a shipboard culture of inclusion and respect.
2. Establish zero tolerance policies for SASH, harassment, and
hostile work environment, as well as zero tolerance for retaliation
against anyone who reports assault or harassment.
3. Eliminate the barriers that survivors and bystanders face in
reporting SASH incidents.
4. Support survivors and bystanders who report SASH incidents.
5. Promptly address any report of behavior that is inconsistent
with EMBARC standards, using every available resource.
6. Provide for a comprehensive review of all company and vessel
policies and procedures to ensure that they fully support a work
environment in which assault and harassment in any form--and
retaliation against those who report assault or harassment--are not
tolerated.
7. Provide for the proper implementation of cadet safety standards
and ensure the adoption of updates as they are promulgated by MARAD.
8. Incorporate SASH prevention, response, and reporting procedures
into the Company and Vessel Safety Management Systems.
Consistent with these principles, MARAD, DOT, and the USMMA sought
individual input on a draft version of the Every Mariner Builds a
Respectful Culture (EMBARC) criteria. MARAD received input from USMMA
midshipmen, vessel owners and operators, maritime labor, state maritime
academies, maritime workforce leaders, staff of the U.S. Congress,
USCG, the Department of Education, and a non-maritime organization with
expertise in sexual assault and sexual harassment response and survivor
support. Among the stakeholders' individual recommendations, commenters
suggested that the EMBARC Standards should:
Ensure that all standards that are immediately applicable
to carriers are implemented before cadets are embarked;
clarify the training requirements--including the frequency
of training--for crew members and for cadets;
not designate the Designated Person Ashore--a position
identified under the SOLAS convention--as a carrier's SASH contact for
cadets;
clarify the communications procedures between a carrier's
SASH contact and cadets;
clarify the training requirements for carriers' SASH
contacts; and
delay certain proposed requirements that may require
vessels to be unavailable for service.
On December 15, 2021, MARAD released on its website the EMBARC
Standards and Self-Assessment Check List on which comments are now
sought. MARAD has continued to meet with stakeholders to clarify EMBARC
requirements and receive comments. For example, MARAD and USMMA met
with representatives of the SMAs, vessel owners and operators, and
maritime labor on January 27, 2022, to clarify EMBARC check list items
and hear stakeholders' individual comments and concerns regarding
EMBARC. MARAD also released a ``Frequently Asked Questions'' (FAQ) on
its website on February 8, 2022.
Consistent with its commitment to continuous review and improvement
of EMBARC and continuing its extensive outreach to stakeholders, MARAD
believes that this notice with request for comments will further
improve its EMBARC agency guidance.
Scope of Comments Requested
MARAD is interested in learning how EMBARC could be improved, while
also ensuring comprehensive support and adoption by the maritime
industry and other stakeholders. Accordingly, MARAD specifically seeks
comment on the following: (1) Any areas of sexual assault and sexual
harassment prevention and response not properly addressed or accounted
for in the EMBARC guidance; (2) any method MARAD could employ that
would assist with oversight of, and compliance with, EMBARC; and, (3)
other policies, procedures, or programs MARAD should consider to help
ensure the safety and security of mariner cadets.
MARAD also seeks comment on the application of EMBARC, or standards
similar to EMBARC, to owners or operators of vessels other than
commercial carriers that must comply with SOLAS. Such other owners or
operators include state and local governments, state maritime academies
(SMA), and Great Lakes commercial vessel operators. Application to the
SMAs would include the SMAs as operators of vessels upon which USMMA
cadets receive training, and the SMAs as institutions of higher
education that place their cadets on commercial vessels would be
required to meet Coast Guard licensing requirements.
Content of Comments Requested
In making your comments, direct experience and quantifiable data
are more useful than anecdotal descriptions. Likewise, if a commenter
believes that there is a more effective alternative, the commenter
should describe that alternative in verifiable detail.
Public Participation Instructions
How long do I have to submit comments?
We are providing a 60-day comment period.
How do I prepare and submit comments?
Your comments must be written in English.
To ensure that your comments are correctly filed in the Docket,
please include the docket number shown at the beginning of this
document in your comments.
If you are submitting comments electronically as a PDF (Adobe)
File, MARAD asks that the documents be submitted using the Optical
Character Recognition (OCR) process, thus allowing MARAD to search and
copy certain portions of your submissions. Comments may be submitted to
the docket electronically at http://www.regulations.gov. Search using
the MARAD docket number in this notice and follow the online
instructions for submitting comments.
You may also submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Please note that pursuant to the Data Quality Act, for substantive
data to be relied upon and used by the agency, it must meet the
information quality standards set forth in the OMB and DOT Data Quality
Act guidelines. Accordingly, we encourage you to consult the guidelines
in preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's guidelines may
be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.
I provided MARAD comments on EMBARC, orally or in writing, in
another forum. May I provide comments in response to this notice as
well?
[[Page 18464]]
Yes, MARAD encourages any member of the public to submit relevant
comments for the docket, including input that has previously been
communicated to MARAD. Doing so will ensure that your comments are
considered in the development of future policies and MARAD response to
your concerns.
How can I be sure that my comments were received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
Confidential business information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. MARAD will treat such marked submissions as confidential
under the FOIA, and they will not be placed in the public docket.
Submissions containing PROPIN should be sent to the email address
provided in the FOR FURTHER INFORMATION CONTACT section. In addition,
you should submit two copies, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above under ADDRESSES. Any comments MARAD receives that are not
specifically designated as PROPIN will be placed in the public docket
for this notice.
Will the agency consider late comments?
MARAD will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket Management
Unit are indicated above in the same location. You may also see the
comments on the internet. To read the comments on the internet, go to
http://www.regulations.gov. Follow the online instructions for
accessing the dockets. Please note that even after the comment closing
date, MARAD will continue to file relevant information in the Docket as
it becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically check the Docket for
new material.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). For information on DOT''s compliance with
the Privacy Act, please visit https://www.transportation.gov/privacy.
EMBARC Policies, Procedures, and Standards on Which MARAD Seeks Comment
In developing the policies, procedures, standards and definitions
in EMBARC, MARAD relied on authorities including: 46 U.S.C. 10104; 46
U.S.C. 51318; Title VII of the Civil Rights Act of 1964, 42 U.S.C.
2000e; U.S. Equal Employment Opportunity Commission Guidance; Title IX
of the Education Amendments of 1972, 20 U.S.C. 1681; U.S. Department of
Education, Office for Civil Rights Guidance; Best Practices Guide on
Prevention of Sexual Harassment & Sexual Assault in the U.S. Merchant
Marine (SOCP BPG); Ship Operations Cooperative Program (SOCP), June
2017; and USMMA Superintendent Instruction 2018-04 Sexual Assault,
Sexual or Gender-Based Harassment, Relationship Violence, Stalking and
Retaliation Policy. MARAD seeks comment and suggestions for improvement
from interested members of the public on all elements of EMBARC posted
on its website at https://maritime.dot.gov/education/sea-year-training-program-criteria. The following is a consolidation of both the EMBARC
Policies and Procedures and the EMBARC Standards documents.
Every Mariner Builds a Respectful Culture (EMBARC)
Procedure
I. Purpose
The mission of the United States Merchant Marine Academy (USMMA) is
to educate and graduate leaders of exemplary character who are inspired
to serve the national security, marine transportation, and economic
needs of the United States. As USMMA educates and trains the next
generation of leaders, it is committed to ensuring that all members of
the Academy community learn and work in safe and supportive
environments.
Realizing these goals depend on fostering a community of mutual
respect, support, and accountability. Accordingly, the U.S. Department
of Transportation (DOT), Maritime Administration (MARAD), and USMMA
require all commercial vessel owners and operators that participate in
USMMA cadet training to adopt and follow the Every Mariner Builds a
Respectful Culture (EMBARC) Sexual Assault and Sexual Harassment (SASH)
Prevention Mandatory Standards (EMBARC Standards)--a set of policies,
programs, procedures, and practices to help strengthen a culture of
SASH prevention and support appropriate responses to incidents of
sexual violence and sexual harassment and other forms of misconduct--
and complete enrollment before embarking any cadet.
The policies, procedures, and culture of DOT, MARAD, and USMMA must
support effective implementation of the standards outlined in EMBARC.
Therefore, DOT, MARAD, and USMMA are revising policies and procedures
for Sea Year to enable midshipmen to safely obtain the sea time needed
to qualify them to sit for their licensing examinations. Specific
policies and procedures already under development are described in more
detail below.
DOT, MARAD, and USMMA are committed to ongoing evaluation and
improvement of the EMBARC standards to incorporate emerging best
practices and will engage closely and regularly with USMMA cadets and
other stakeholders to assess implementation and discuss options to
further strengthen the EMBARC program. Similarly, DOT, MARAD, and USMMA
will continue to evaluate and strengthen USMMA's policies and
procedures regarding implementation of Sea Year, including closely and
regularly engaging with USMMA cadets and other stakeholders regarding
the design and implementation of these policies and procedures.
II. Core Tenets
The following Core Tenets frame all aspects of the implementation
of Sea Year at USMMA:
Build and maintain a shipboard culture of inclusion and
respect.
Establish zero tolerance policies for SASH, harassment,
and hostile work
[[Page 18465]]
environment, zero tolerance for retaliation against anyone who reports
assault or harassment, and proportionate responses to policy
infractions.
Eliminate the barriers that survivors, witnesses, and
bystanders face in reporting SASH incidents.
Support survivors, witnesses, and bystanders who report
SASH incidents.
Promptly address any report of behavior that is
inconsistent with EMBARC Standards, using every available resource.
Review all company and vessel policies and procedures to
ensure such policies fully support a work environment in which assault,
harassment, and retaliation against those who report assault or
harassment--are not tolerated.
Implement SASH best practices and commit to adopting
updates when such practices are promulgated by MARAD. (See Best
Practices Guide on Prevention of Sexual Harassment & Sexual Assault in
the U.S. Merchant Marine (SOCP BPG); Ship Operations Cooperative
Program (SOCP), June 2017.)
Incorporate SASH prevention, response, and reporting
procedures into the Company and Vessel Safety Management Systems.
III. Actions by DOT, MARAD, and USMMA
To help support a safe and supportive learning environment for
every cadet during Sea Year and on the USMMA campus, DOT, MARAD, and
USMMA will continue to review and revise policies and procedures to
strengthen safety; support a culture of SASH prevention and appropriate
response to any type of SASH-involved behavior, bullying, or hostile
work environment; and support an inclusive culture--including by
seeking guidance from outside experts. As first steps, DOT, MARAD, and
USMMA will do the following:
Develop a Superintendent Instruction on Sea Year policy
that includes the following:
[cir] A Sea Year Assignment Policy detailing how Sea Year
assignments are made. The revised policy will formalize the practice of
assigning two or more cadets to each ship participating in Sea Year.
The policy will also formalize the process for removing cadets from
ships after reporting a SASH incident or for any other reason (such as
illness, family emergency, etc.), including making clear that USMMA
will work with students who leave ships to ensure that they are able to
obtain required sea time with minimal disruption to academic progress.
[cir] Procedures for Handling Restricted (confidential) and
Unrestricted (not confidential) reports of SASH, gender-based
harassment, relationship violence, and stalking at sea, including:
[ssquf] Explicit definitions of these behaviors;
[ssquf] description of the roles of the parties including shipboard
training personnel and Sexual Assault Prevention and Response staff
(SAPR), such as victim advocates; and
[ssquf] support resources for survivors, witnesses, and bystanders.
[cir] A new Amnesty Policy for survivors, witnesses, and bystanders
issued earlier this month.\1\
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\1\ The USMMA revised the Superintendent's Instruction that
includes an amnesty provision on December 22, 2022.
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[cir] Procedures for the use of satellite phones and satellite
texting devices at sea. These devices enhance cadet safety and well-
being by allowing immediate contact with authorized representatives of
the SAPR Office and other Academy personnel as well as a cadet's
family, friends, and support networks.
[cir] Procedures for the training and credentialing of victim
advocates who can provide crisis intervention, referrals, and ongoing
non-clinical support to survivors of sexual assault, sexual or gender-
based harassment, relationship violence, or stalking.
[cir] A Midshipmen Sea Year Mentorship Program to ensure that first
time sailors (sophomores or Midshipmen Third Class) will be connected
in advance of their first Sea Year assignment to a senior Midshipman
mentor. The senior Midshipman mentor will be available to provide
insight into all aspects of Sea Year sailing and to answer questions as
needed. Mentors will immediately refer any SASH concerns to the SAPR
office.
Update the USMMA Sea Year Guide to ensure that it
incorporates all revised SASH reporting policies and procedures
outlined in the Superintendent Instruction, as well as the EMBARC
program requirements. The Sea Year Guide will be focused on supporting
USMMA cadets.
Provide Midshipmen with a pocket guide detailing how to
make restricted and unrestricted reports of SASH.
Strengthen the SAPR Office, including creating and
staffing a new Director position for the Office and adding staff
positions to expand response capabilities and better support training
and prevention efforts across the USMMA community.
Continue to Coordinate with the U.S. Coast Guard, which is
the regulator of the maritime industry and provides law enforcement at
sea, to champion broader changes across the industry, including by
supporting efforts to strengthen regulatory requirements regarding the
reporting of sexual harassment and predatory behavior, where authorized
by law.
To ensure effective support and oversight of USMMA efforts, DOT and
MARAD will:
Develop an EMBARC Compliance Review Process: As soon as
practicable, MARAD will stand up a new office to review vessel
compliance with EMBARC and USMMA policy and procedures. Once staffed,
this office will carry out the inspection responsibilities USMMA
shipboard training personnel previously performed. Until this new
office is organized and staffed, MARAD will assign personnel from its
Office of Strategic Sealift to conduct vessel compliance reviews.
Establish Task Force on USMMA Governance and Culture: DOT
will create a Task Force to assess and, as needed, recommend changes to
transform USMMA's external and internal governance and Academy culture.
Sexual Assault and Harassment Prevention and Response Standards
IV. Compliance With EMBARC Standards for Sea Year Eligibility
Each Vessel Operator agrees to comply with the EMBARC
Standards, which replace the SCCT Sea Year Eligibility Requirements
(dated March 16, 2020), by confirming completion of the immediate
actions (set forth in Section III, below) on the EMBARC Accession
checklist and submitting the checklist to MARAD. Vessel operators shall
submit copies of their SASH policies together with the accession
checklist and statement of compliance document.
Each Vessel Operator agrees to conduct self-assessments of
its compliance with the EMBARC Standards annually thereafter and to
submit confirmation of such self-assessments and any resultant changes
from the annual self-assessments to MARAD. Vessel Operators shall
submit copies of their SASH policies together with assessment results.
Each Vessel Operator agrees to permit MARAD--including
third parties engaged by MARAD--to conduct recurring assessments of its
compliance with the EMBARC Standards.
V. Immediate Actions by Each Vessel Operator
Before accepting cadets on board, each operator shall take the
following actions:
[[Page 18466]]
Safety Management System.
[cir] Affirm that SASH reporting policies and procedures that
ensure compliance with the Standards of the EMBARC program will be
operational upon enrollment and will be documented within the Safety
Management System (SMS) within 90 days of enrollment.
Designated SASH Contact.
[cir] Designate a person ashore who will be the primary contact for
all SASH issues (SASH Contact). The SASH Contact must have completed
the free 40-hour Victim Assistance Training Online provided by the
Office for Victims of Crime Training & Technical Assistance Center, and
received the Certificate of Completion, or have completed an equivalent
training program.
Meetings Between the SASH Contact and Cadet.
[cir] Confirm that cadets will have (1) a virtual or in-person
meeting with the SASH Contact before joining a ship; or (2) if there is
inadequate time between a cadet's assignment to a vessel and the
cadet's embarkation, the SASH Contact shall have contact with the cadet
within 48 hours of the cadet's embarkation.
Communication Measures.
[cir] Implement measures to--
[ssquf] Confirm that SASH Contacts and cadets can communicate as
needed once a cadet is on board, including adopting measures to require
that the SASH Contact initiate contact with each assigned cadet within
the first 7 days of vessel onboarding;
[ssquf] Confirm that the SASH Contact shall respond to cadet
outreach no later than the next business day;
[ssquf] Ensure that whenever a cadet is aboard a vessel for more
than 30 days, the SASH Contact shall initiate contact, via email, with
the cadet at least every 14 days;
[ssquf] Require the SASH Contact to encourage and honor requests
from cadets for increased frequency of check-ins; and
[ssquf] Ensure the SASH Contact makes a record of any possible
violations and ensures prompt and thorough investigation and corrective
action, where appropriate, and/or referral to proper authorities.
Safety practices.
[cir] Reinforce Vessel Operator safety practices (including SASH
prevention, bystander intervention, reporting procedures, and alcohol
prohibitions) frequently with every cadet and crew member through
onboard or virtual meetings in accordance with company procedures to
strengthen a culture of prevention and build industry-wide
understanding and accountability.
Crew-Cadet Interaction.
[cir] Adopt policies that prohibit cadets from entering the
stateroom of any other crew member; prohibit ship's crew members from
entering cadets' private staterooms for any reason other than official
maintenance or housekeeping duties during appropriate working hours and
with adequate notice; and provide functional door locks for all cadet
staterooms. Vessel Operator SASH policies shall include a list of all
master key holders with access to cadet staterooms identified by
position. Vessel Operator policies shall also establish and maintain
open-door office or workspace interaction between cadets and other
ship's employees, except when impractical due to vessel compartment
configuration or safety procedures.
Vessel Operator training requirements.
[cir] Safety Management Systems shall establish quarterly training
requirements on SASH prevention, bystander intervention, reporting, and
response procedures for all shipboard personnel (regardless of whether
cadets are onboard). Cadets shall participate in, but shall not have
any role in managing, this training.
[cir] All officers and crew shall be required to complete the
Maritime Sexual Assault and Sexual Harassment Prevention Training
before a cadet is embarked and to repeat the training annually. The
interactive Computer Based Training (CBT) is available at no charge
from SOCP.
[cir] Incorporate SASH discussions in periodic Vessel Safety
Meetings using materials similar to those in the Facilitator's Guide
and Student Workbook in the SOCP SASH Tool Kit. The SOCP SASH Tool Kit
is available at no charge from SOCP.
[cir] Provide copies of vessel operator's SASH prevention policies
and reporting procedures to each cadet upon boarding the vessel.
[cir] Display company policies prohibiting SASH, retaliation, drug
and alcohol usage, and cadet presence in crew member staterooms/crew
member presence in cadet staterooms on board.
[cir] Display posters and guides that support a respectful and
inclusive workplace culture. Display SASH prevention, reporting, and
response posters prominently in common areas of the vessel. Vessel
Operators shall also display such posters in shoreside facilities to
which cadets have access.
[cir] Distribute the quick reference guide brochures in the SOCP
SASH Tool Kit or other comparable materials to all crew, officers,
cadets, and all shore-based personnel who interact with, or have
responsibilities related to, officers, crew and cadets. Tips for
prevention of, and response to, SASH behaviors shall be provided as
appropriate for each intended audience.
[cir] Vessel operators agree to reinforce training, by
specifically:
[ssquf] Requiring Vessel Masters to introduce cadets to ship's
company employees as soon as practicable after boarding to foster an
open, welcoming environment for Sea Year students.
[ssquf] Requiring Vessel Masters to ensure that cadets are
familiarized with the ship during onboarding in accordance with the
Safety Management System.
[ssquf] Reporting procedures provided to officers, crew, cadets,
and posted on the vessel shall include: (1) Contact information for the
Vessel Operator's SASH Contact(s) and (2) Point of contact information
for notifications to the Coast Guard.
Notifications can be made to the Coast Guard National Command
Center at (202) 372-2100, or through the CG Tips, a web-based and
mobile alternative to submit either attributed or anonymous reports
about crimes witnessed or experienced aboard a vessel directly to a
Coast Guard criminal investigator. The CG Tips App can be downloaded
from a mobile provider's marketplace. For more information about CGIS,
or to submit a tip via the web, visit: https://www.uscg.mil/Units/Coast-Guard-Investigative-Service/.
Reporting.
[cir] When cadets are embarked, Vessel Operators shall immediately
(within 24 hours after learning of an allegation) notify USMMA of an
allegation of SASH-involved behavior, regardless of whether the
behavior involves a cadet. If the incident involves a cadet, operators
shall provide a complete report of investigation to USMMA when
concluded. Vessel Operator policies shall require that: (1) Thorough
investigation of alleged violations of the SASH policy meet best
practices for investigations of sexual assaults and sexual harassments;
and, (2) interviews be conducted using trauma-informed interview
methods.
[[Page 18467]]
[cir] The Vessel Operator's company policies shall require that all
shipboard complaints of a sexual offense prohibited under current law
must be immediately reported to the Coast 1 (202) 372-2100, or as an
attributed report through CG Tips--a web-based and mobile alternative
to submit reports about crimes witnessed or experienced aboard a vessel
directly to a Coast Guard criminal investigator. The CG Tips App can be
downloaded from a mobile provider's marketplace. For more information
about CGIS, or to submit a tip via the web, visit: https://www.uscg.mil/Units/Coast-Guard-Investigative-Service/.
[cir] Vessel Operator company leadership should inform the Coast
Guard of adverse or disciplinary actions that result in termination or
a probationary status of any crewmember for harassment or SASH. Reports
of mariner misconduct should be made to nearest Coast Guard Officer In
Charge, Marine Inspection which can be found at the following website:
https://www.uscg.mil/contact/.
Best Practices.
Each Vessel Operator shall review company policies within the
Safety Management System to determine if they are at least as
comprehensive as those listed in the current version of the SOCP Best
Practices Guide and revise as necessary, including but not limited to
the following policies:
[cir] Employee Best Practices:
[ssquf] Best Practice #1: Reporting of Sexual Harassment & Sexual
Assault
[ssquf] Best Practice #2: Basic Do's and Don'ts
[ssquf] Best Practice #3: Safety on Shore Leave
[ssquf] Best Practice #4: Response to Sexual Harassment & Sexual
Assault
[ssquf] Drugs & Alcohol
[ssquf] Company Investigation Process
[ssquf] Victim Advocacy
[ssquf] ``Did You Know?''
[cir] Vessel Operator Company Best Practices:
[ssquf] Best Practice #1: Defining Sexual Harassment & Sexual Assault
[ssquf] Best Practice #2: Nurturing a Culture Free of Sexual Harassment
& Sexual Assault
[ssquf] Best Practice #3: Development of Prevention Policies
[ssquf] Best Practice #4: Effective Training on Sexual Harassment &
Sexual Assault Prevention and Response
[ssquf] Best Practice #5: Establishing Reporting Options
[ssquf] Best Practice #6: Response to Sexual Harassment & Sexual
Assault
Vessel operators shall comply with the reporting procedures listed
herein instead of any obsolete reporting procedures in the SOCP Best
Practices Guide.
Compliance Review.
[cir] Vessel Operators shall meet with DOT, MARAD, USMMA and other
invited government and industry participants quarterly, or as called by
DOT/MARAD/USMMA, to assess compliance with SASH policies and implement
any necessary adjustments and/or corrections.
VI. Intermediate Actions To Be Taken by Vessel Operators, To Be
Completed Within the Times Noted Below After Adoption of These EMBARC
Standards
Within one year, implement vessel master key control
systems, manual or electronic.
Within one year, develop and implement recommended SASH
Contact training and annual refresher training for designated SASH
contacts to include survivor advocacy and instruction in training and
education principles. Each Vessel Operator shall designate and train an
appropriate number of designated SASH Contacts to ensure that an
adequate number (a minimum of one primary and one alternate) are always
available.
Within one year, work with other Vessel Operators, labor,
academies, SOCP and/or other industry organizations, SASH subject
matter experts, MARAD and other stakeholders to review and enhance SASH
policies used by vessel operators. MARAD will initiate revisions of the
SOCP SASH Best Practices Guide. Such revisions will include, among
other things updates to best practices and templates to support
incorporation of SASH prevention, reporting, and response as well as
internal audit and external audit procedures into Company and Vessel
Safety Management Systems.
Within one year, work with other Vessel Operators, labor,
academies, industry organizations, SASH subject matter experts, MARAD
and other stakeholders to develop and implement enhanced policies and
training pertaining to bystander reporting requirements and bystander
duty to intervene in SASH incidents.
Within eighteen months, collaborate with other Vessel
Operators, mariner unions, Academies, union training schools, SASH
subject matter experts, MARAD, USCG and other stakeholders to develop
and implement expanded mandatory annual SASH training for all crew
members including, but not limited to:
[cir] SASH (including bystander intervention);
[cir] Micro aggression consciousness;
[cir] Cadet relationships;
[cir] Creating and maintaining a respectful work environment; and
[cir] Training regimens and methods that enable effective crew
awareness of SASH prevention principles.
As soon as practicable, but not later than two years, work
with other Vessel Operators, labor, Academies, industry organizations,
SASH subject matter experts, MARAD, USCG, and other stakeholders, to
develop, establish and participate in, to the extent permissible under
law, the maintenance and operation of a SASH perpetrator information
exchange.
[cir] The exchange shall contain the names of all merchant mariners
who are the subjects of substantiated reports of discriminatory, SASH-
related, violent, or other violative behavior, or who were terminated
in related proceedings; the incident dates; the bases of
substantiation; and the disposition of each circumstance shall be
recorded and accessible to all operators of U.S.-flag vessels.
VII. Long-Term Actions To Be Taken by Vessel Operators
These will be developed in coordination with the MARAD and other
Government and maritime industry participants and may include:
Consideration of a range of possible measures to address
accountability for the SASH climate onboard Vessel Operator ships that
could include:
[cir] training on records maintenance;
[cir] identified perpetrator tracking and record keeping, to the
extent permissible by law;
[cir] recorded video monitoring of, at a minimum, passageways
immediately adjacent to cadet staterooms;
[cir] enhanced Diversity, Equity, and Inclusion (DEI) initiatives
and practices in the mariner workforce; and
[cir] training and credentialing of officers at the Provisional
level by the National Advocate Credentialing Program.
Collaboration with the U.S. Coast Guard, other Vessel
Operators, mariner unions, and industry organizations to develop the
requirements of a merchant mariner credential that satisfies training
requirements for SASH Contacts and designated onboard officers or other
persons ashore to attain and maintain respective Basic and Provisional
NACP training levels.
VIII. Definitions
The following definitions and examples are derived from the 2017
Best Practices Guide on Prevention of Sexual Assault and Sexual
Harassment in the U.S. Merchant Marine (SOCP BPG), published by the
Ship Operations
[[Page 18468]]
Cooperative Program with support from the U.S. Department of
Transportation Maritime Administration under Agreement No. DTMA
91H1600008 and the U.S. Merchant Marine Academy's 2018 Sexual Assault,
Sexual or Gender-Based Harassment, Relationship Violence, Stalking, and
Retaliation Policy.
Sexual Assault is a crime of violence defined as
intentional touching of a sexual nature against the will (by use of
force, physical threat, coercive conduct, or abuse of authority), or
without the consent of another person, or where that person is
incapacitated (e.g., ``passed out,'' sleeping, or impaired due to the
use of alcohol or drugs, including prescription medications) or
otherwise incapable of giving consent. The other person can be male or
female and the perpetrator of the sexual assault can be of the same or
opposite sex. Sexual assault includes, but is not limited to, the
following:
[cir] Sexual intercourse, including anal, oral, or vaginal
penetration, however slight, with a body part (e.g., penis, finger,
hand or tongue) or an object;
[cir] Kissing, touching, groping, fondling, or other intentional
contact with the breasts, buttocks, groin, or genitals (over or under
an individual's clothing) for purposes of sexual gratification or when
such private body parts are otherwise touched in a sexual manner;
[cir] Sexual contact with someone who is unable to say ``no'' and/
or change their mind due to the presence of coercion or intimidation;
or
[cir] Sexual contact with someone who is under the age of consent
in the jurisdiction in which the sexual assault occurs.
Sexual Harassment and Gender-Based Harassment: Sexual
harassment is any unwelcome sexual advance, request for sexual favors,
or other unwelcome verbal, non-verbal, graphic, or physical conduct of
a sexual nature, including, but not limited to the following:
[cir] Submission to or rejection of such conduct is either an
explicit or implicit term or condition of an individual's employment or
advancement in employment, evaluation of academic work or advancement
in an academic program, or basis for participation in any aspect of an
Academy program or activity, including shipboard training (quid pro
quo);
[cir] Submission to or rejection of such conduct by an individual
is used as a basis for decisions affecting the individual (quid pro
quo); or
[cir] Such conduct has the purpose or effect of unreasonably
interfering with an individual's learning, working, or living
environment; in other words, it is sufficiently severe, pervasive, or
persistent as to create an intimidating, hostile, or offensive
learning, working, or living environment under both an objective--a
reasonable person's view--and subjective--the Complainant's view--
standard (hostile environment).
[cir] Examples of Sexual Harassment include, but are not limited
to, the following behaviors:
[ssquf] Verbal conduct such as epithets, derogatory or off-color
jokes or comments of a sexual nature, slurs or unwanted sexual
advances, invitations, or comments, discussing sexual activities,
commenting on physical attributes, using demeaning names, or using
crude language;
[ssquf] Visual conduct such as derogatory or sexually oriented
posters, photography, cartoons, drawings, or gestures, or exposing
oneself;
[ssquf] Physical conduct such as unwanted or unnecessary touching,
the blocking of voluntary movement, or interfering with a person's work
due to the refusal of sexual advances or a person's sexual orientation;
[ssquf] Threats and demands to submit to sexual requests as a
condition of continued employment or to avoid discipline; and
[ssquf] Rewards and offers of employment benefits in return for
sexual favors.
Gender-Based Harassment includes harassment based on
gender, sexual orientation, gender identity, or gender expression,
which may include acts of aggression, intimidation, or hostility,
whether verbal or non-verbal, graphic, physical, or otherwise, even if
the acts do not involve conduct of a sexual nature. Examples of sexual
or gender-based harassment include, but are not 1imited to, the
following:
[cir] Unwanted flirtation, advances or propositions of a sexual
nature;
[cir] Verbal conduct, including lewd or sexually suggestive
comments, jokes, or innuendos, or unwelcome comments about an
individual's sexual orientation or gender identity;
[cir] Written conduct, including letters, notes, or electronic
communications containing comments, words, jokes, or images that are
lewd or sexually suggestive, or relate in an unwelcome manner to an
individual's sexual orientation or gender identity.
Relationship Violence refers to controlling, abusive
behavior, including any act of violence or threatened act of violence,
against a person who is, or has been involved, in a sexual, dating,
domestic, cohabiting or married relationship with that person.
Relationship violence can take place in heterosexual or same-sex
relationships, and sometimes also involves violence against the
children in the family. Relationship violence can take a number of
forms including physical, verbal, emotional, economic, and sexual
abuse, or any combination thereof.
[cir] Domestic violence: The term ``domestic violence'' includes
felony or misdemeanor crimes of violence committed by a current or
former spouse or intimate partner of the victim, by a person with whom
the victim shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse or intimate
partner, by a person similarly situated to a spouse of the victim under
the domestic or family violence laws of the applicable jurisdiction, or
by any other person against an adult or youth victim who is protected
from that person's acts under the domestic or family violence laws of
the applicable jurisdiction.
[cir] Dating violence: The term ``dating violence'' means violence
committed by a person (a) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and (b) where the
existence of such a relationship shall be determined based on a
consideration of the following factors: (1) The length of the
relationship; (2) the type of relationship; and (3) the frequency of
interaction between the persons involved in the relationship.
Stalking is a course of conduct directed at a specific
person that would cause a reasonable person to fear for his or her
safety or the safety of others or suffer substantial emotional
distress. Such conduct includes, but is not limited to, unwelcome acts
in which the stalker directly, indirectly, or through third parties, by
any action, method, device, or means, follows, monitors, observes,
surveils, threatens, or communicates to or about a person or interferes
with a person's property. It includes cyber-stalking, in which
electronic media, such as the internet, social networks, blogs, cell
phones, texts, or other similar devices or forms of contact are used.
Stalking can occur in a dating relationship, friendship, or past
relationship, or can be perpetrated by a stranger.
Harassment is the act of systematic and/or continued
unwanted and annoying actions of one party or a group, including
threats and demands. The purpose may vary, including racial prejudice,
personal malice, and attempt to force someone to quit a job or grant
sexual favors, or merely gain sadistic pleasure from making someone
fearful or anxious.
[[Page 18469]]
Bullying is the use of force, threat, or coercion to
abuse, intimidate or aggressively dominate others. The behavior is
often repeated and habitual. One essential prerequisite is the
perception, by the bully or by others, of an imbalance of social or
physical power, which distinguishes bullying from conflict.
Consent means clear words or overt acts by a competent
person indicating freely given agreement to engage in mutually agreed
upon sexual conduct. An expression of refusal through words or conduct
means there is no consent. Consent may not be inferred from silence,
passivity, or lack of resistance alone. Consent to one form of sexual
activity does not imply consent to other forms of sexual activity, and
the existence of a current or previous dating or sexual relationship is
not sufficient to constitute consent to additional sexual activity.
Consent may be initially given but can be withdrawn at any time.
[cir] Consent cannot be given when a person is incapacitated, which
occurs when an individual lacks the ability to knowingly choose to
participate in sexual activity. Incapacitation may be caused by the
lack of consciousness, being asleep, being involuntarily restrained, or
being coerced or intimidated. Depending on the degree of intoxication,
an individual who is under the influence of alcohol, drugs, or other
intoxicants, may be incapacitated and, therefore, unable to consent.
Sexual Exploitation occurs when a person takes non-
consensual or abusive sexual advantage of another person for their own
advantage or benefit or for the advantage or benefit of anyone else.
Examples of sexual exploitation include but are not limited to the
following:
[cir] Voyeurism (such as watching or taking pictures, videos, or
audio recordings of another person engaging in a sexual act, in a state
of undress, or in a place and time where such person has the reasonable
expectation of privacy, such as a changing room, toilet, bathroom, or
shower, each without the affirmative consent of all parties);
[cir] Disseminating, streaming, or posting pictures or video of
another in a state of undress or of a sexual nature without the
person's affirmative consent;
[cir] Exposing one's genitals to another person without affirmative
consent; or
[cir] Knowingly exposing another individual to a sexually
transmitted infection or virus without the other individual's
knowledge.
Retaliation (sometimes referred to as reprisal) means
taking or threatening to take any adverse action taken against an
individual for making a good faith report of conduct prohibited under
the organization's Policy, or for participating in any investigation or
proceeding resulting from such a report. Retaliation includes
threatening, intimidating, harassing, or any other conduct that would
discourage a reasonable person from making a report, or from
participating in proceedings related to such a report. Examples of
retaliation include, but are not limited, to the following:
[cir] Disadvantaging or restricting a person in their status as an
employee or cadet, or in their ability to gain benefits or
opportunities available at the organization or the USMMA;
[cir] Precluding a person from filing a report of prohibited
conduct;
[cir] Pressuring someone to drop or not support a complaint, or to
provide incomplete, false, or misleading information; or
[cir] Adversely altering the educational or work environment of
someone who has r participated in the complaint process.
By order of the Acting Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2022-06672 Filed 3-29-22; 8:45 am]
BILLING CODE 4910-81-P