83 FR 25109 - Centers of Excellence for Domestic Maritime Workforce Training and Education

DEPARTMENT OF TRANSPORTATION
Maritime Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

This notice provides interested parties with the opportunity to comment on the Maritime Administration's (MARAD) application process to designate training entities as Centers of Excellence for Domestic Maritime Workforce Training and Education (CoE). The Secretary of Transportation, acting through the Maritime Administrator, may make CoE designations and enter Cooperative Agreements with CoE designees. MARAD is developing the below Proposed Applicant Guide and invites public comment to ensure that the designation procedure and guidance is simple, clear, and comprehensive.

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25109-25111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11682]



[[Page 25109]]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2018-0088]


Centers of Excellence for Domestic Maritime Workforce Training 
and Education

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: This notice provides interested parties with the opportunity 
to comment on the Maritime Administration's (MARAD) application process 
to designate training entities as Centers of Excellence for Domestic 
Maritime Workforce Training and Education (CoE). The Secretary of 
Transportation, acting through the Maritime Administrator, may make CoE 
designations and enter Cooperative Agreements with CoE designees. MARAD 
is developing the below Proposed Applicant Guide and invites public 
comment to ensure that the designation procedure and guidance is 
simple, clear, and comprehensive.

DATES: Comments must be received on or before July 2, 2018. MARAD will 
consider comments filed after this date to the extent practicable.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2018-0088 by any of the following methods:
     Website/Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments on 
the electronic docket site.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room PL-401, Washington, DC 
20590-0001.
     Hand Delivery: Room PL-401 of the Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice.

    Note: All comments received will be posted without change to 
http://www.regulations.gov including any personal information 
provided.

    Docket: For access to the docket to read the Applicant Guide or 
comments received, go to http://www.regulations.gov at any time or to 
Room PL-401 of the Department of Transportation, 1200 New Jersey Avenue 
SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: You may contact Nuns Jain, Maritime 
Administration, at 757-322-5801 or by electronic mail at 
[email protected]. You may send mail to Nuns Jain at Maritime 
Administration, Building 19, Suite 300, 7737 Hampton Boulevard, 
Norfolk, VA 23505.

SUPPLEMENTARY INFORMATION: Following the enactment of the National 
Defense Authorization Act of 2018, Public Law 115-91 (the ``NDAA''), 
MARAD is developing a procedure to designate eligible institutions as 
Centers of Excellence for Domestic Maritime Workforce Training and 
Education (CoE). Qualified training entities seeking to be designated 
as a CoE will be required to apply with MARAD. The application will 
include information to demonstrate that the applicant institution meets 
certain eligibility criteria, designation requirements, and attributes 
consistent with Section 3507 of the NDAA, codified at 46 U.S.C. 54102. 
The final MARAD application process and procedure will be made 
available to the public on its website www.MARAD.dot.gov. MARAD invites 
your comment on the below Proposed Applicant Guide and the issues 
specified under the Scope of Comments section.

Scope of Comments

    In addition to seeking general comments on the proposed applicant 
guide, the agency is interested in learning 1. Whether the proposed 
definitions of ``Community or Technical College'', ``Maritime Training 
Center'' and ``Operated by, or under the supervision of a State'' are 
clear, appropriate and adequate to cover all institutions who may be 
eligible to apply for designation under the statute; 2. Whether the 
proposed Designation Requirements and Designation Attributes are clear, 
appropriate, and adequate; and 3. Whether there are less burdensome 
methods to evidence applicant qualifications.

Proposed Applicant Guide

How To Be Designated as a Center of Excellence for Domestic Maritime 
Workforce Training and Education

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

[[Page 25110]]

    f. ``Mississippi River System'' means the mostly riverine network 
of the United States which includes the Mississippi River, and all 
connecting waterways, natural tributaries and distributaries. The 
system includes the Arkansas, Illinois, Missouri, Ohio, Red, Allegheny, 
Tennessee, Wabash and Atchafalaya rivers. Important connecting 
waterways include the Illinois Waterway, the Tennessee-Tombigbee 
Waterway, and the Gulf Intracoastal Waterway;
    g. ``Operated by, or under the supervision of a State'' means 
operated by or under the supervision or control of a public entity of a 
State government or one of its subdivisions, including, but not limited 
to, county governments, city or local governments, and public-school 
systems;
    h. United States Maritime Industry includes all segments of the 
working community involving the maritime related transportation 
activities involving the transportation system of the United States, 
both in domestic and foreign trade, blue water and brown water, coastal 
and inland waters, as well as non-commercial maritime activities, such 
as pleasure boating, and all of the industries that support such uses, 
including, but not limited to vessel construction and repair, vessel 
operations, ship logistics supply, berthing, port operations, port 
intermodal operations, marine terminal operations, vessel design, 
marine brokerage, marine insurance, marine financing, chartering, 
maritime-oriented supply chain operations, offshore industry.
2. What is the Center of Excellence for Domestic Maritime Workforce 
Training and Education (CoE) Program?
    Pursuant to Section 3507 of the National Defense Authorization Act, 
2018, Public Law 115-91 (December 12, 2017), codified at 46 U.S.C. 
54102, the Secretary of Transportation may:
    a. Designate a covered training entity as a Center of Excellence 
for Domestic Maritime Workforce Training and Education (CoE).
    b. Enter into a cooperative agreement with a designated CoE.
3. Who is eligible to apply for designation as a CoE?
    An educational institution that provides training and education for 
the domestic maritime workforce is eligible to apply to MARAD for 
designation as a CoE if it can demonstrate satisfactory compliance with 
the following Eligibility Criteria for a covered training entity under 
the statute:
    I. The institution is in a State that borders on the:
    a. Gulf of Mexico;
    b. Atlantic Ocean;
    c. Long Island Sound;
    d. Pacific Ocean;
    e. Great Lakes;
    f. Mississippi River System;
    g. Arctic; or
    h. Gulf of Alaska.
    II. The institution is either:
    a. A Community or Technical College; or
    b. A Maritime Training Center.
    i. Operated by, or under the supervision of a State; and
    ii. With a maritime training program in operation in its curriculum 
on 12/12/2017.
4. What are the selection criteria for designation as a CoE?
    An eligible training institution applicant must demonstrate 
satisfactory compliance with the Designation Requirements listed under 
III through V and the qualitative Designation Attributes listed under 
VI below.
    III. The academic programs offered by the institution will include:
    a. One or more Afloat Career preparation tracks in the United 
States Maritime Industry, and/or
    b. One or more Ashore Career preparation tracks in the United 
States Maritime Industry.
    IV. Institutions offering Afloat Career tracks will:
    a. Meet Regional and/or state accreditation, as applicable; and
    b. Maintain United States Coast Guard (USCG) approval for the 
merchant mariner training program and/or merchant mariner training 
course(s) offered by the institution, as applicable; and
    c. Provide recruitment and placement statistics that clearly 
document institutional effectiveness.
    V. Institutions offering Ashore Career tracks will:
    a. Meet Regional and/or state accreditation, as applicable; and
    b. Maintain authorization and/or endorsement of the program and/or 
course(s) by an applicable professional society or industry body 
(Welding, Electrician, Electronics etc.) to issue industry accepted 
Certifications that reflect a professionally recognized level of 
educational or technical skill achievement; and
    c. Provide recruitment and placement statistics that clearly 
document institutional effectiveness.
    VI. In addition to meeting the requirements listed above, the CoE 
is expected to foster the following desirable attributes:
    a. Support the workforce needs of the local, state, or regional 
economy; and
    b. Build the STEM (Science, Technology, Engineering, and Math) 
competencies of local/future workforce to meet emerging local, 
regional, and national economic interests; and
    c. Promote diversity and inclusion among the student body; and
    d. Offer a broad-based curriculum and stackable credentials where 
applicable; and
    e. Engage and/or collaborate with the maritime industry; and
    f. Engage and/or collaborate with maritime high schools; and
    g. Engage and/or collaborate with maritime academies and other 
institutions for advanced proficiency and higher education.
5. What agreement may MARAD execute with a designated CoE?
    The Maritime Administrator, or designee, may enter into a 
cooperative agreement with a covered training entity that has been 
designated a CoE to support maritime workforce training and education, 
including but not limited to efforts of the CoE to:
    a. Recruit, admit and train students;
    b. Recruit and train faculty;
    c. Expand and enhance facilities;
    d. Create new maritime career pathways;
    e. Award students credit for prior experience, including military 
service;
    f. Provide funding to the CoE by grants or otherwise where such 
funding is appropriated for such purposes; or
    g. Such other activities that are determined by the Maritime 
Administration and the CoE that would further maritime workforce 
training and education.
6. What specific assistance may MARAD offer to a designated CoE under a 
Cooperative Agreement?
    The specific assistance that the Maritime Administration may offer 
under the cooperative agreement includes, but is not limited to:
    a. Donation of surplus equipment to CoEs that also meet the 
requirements of 46 U.S.C. 51103(b)(2)(C);
    b. Temporary use of MARAD vessels and assets for indoctrination, 
training, and assistance, subject to availability and approval by 
MARAD, and where applicable, the Department of Defense;
    c. Availability of MARAD subject matter experts to address students 
when feasible; and
    d. The provision of funding, to the extent such funds are 
appropriated, available for CoEs under appropriations law, and 
notification to CoEs.

[[Page 25111]]

7. Where do I send my application?
    All applications for CoE designation or renewals should be 
submitted to: Deputy Associate Administrator for Maritime Education and 
Training, Maritime Administration, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, Washington, DC 20590.
8. When should I submit my application for CoE designation?
    MARAD will publish a Federal Register Notice requesting 
applications for designation as a Center of Excellence. That notice 
will provide you with information on timing and what you can expect.
9. What information should be included in an application for CoE 
designation?
    The application should include sufficient information to 
demonstrate that the applicant institution meets the Eligibility 
Criteria, Designation Requirements and Designation Attributes listed 
above.
10. How will I know whether I was approved for designation?
    During the evaluation of the application and the supporting 
documentation. MARAD may request clarifications or additional 
information from the applicant. MARAD will notify the applicant of the 
decision regarding approval or disapproval for designation within 120 
days after receipt of the application. In the case of approval, MARAD 
will thereafter publish the designated CoE's name and contact 
information on its website.
    Upon designation, MARAD may enter into a cooperative agreement with 
the designated institution in accordance with Sections 5 and 6 of this 
applicant guide. MARAD will develop and forward an agreement draft for 
the designated institution's review before the agreement is executed.
11. After my institution is approved and designated, are there any on-
going responsibilities necessary to maintaining my designation?
    The designated institution shall submit an annual statement of 
continued compliance with the designation criteria listed under 
Questions 3 and 4 and an annual update to the recruitment and placement 
statistics proffered in their application. At any time, MARAD may 
request a designated institution to provide updated information to 
support its continued status as a CoE.
12. Does my designation expire?
    The duration of a CoE designation shall be for a period of five 
years from the date of designation.
13. How can I renew my organization's designation?
    A designated training institution may apply for renewal of its CoE 
designation six months prior to its expiration. MARAD may renew the CoE 
designation and the Cooperative Agreement if the designated institution 
successfully demonstrates sustained excellence at a level which 
initially earned the institution the CoE designation. The institution 
must also demonstrate excellence in accordance with the applicable 
Designation Requirements and Attributes in place at the time of such 
renewals. There is no limit on the number of times MARAD may renew the 
CoE designation of a particular training institution.
14. Can a CoE designation be revoked?
    DOT/MARAD may, after notice and an opportunity to respond, suspend 
or revoke the CoE designation of a training institution, if there is 
evidence of the designated institution's non-compliance with the 
designation criteria or the terms of the cooperative agreement. A CoE 
designation shall be subject to removal if it ceases to meet either the 
CoE requirements and attributes identified in this applicant guide, 
loses its approvals to teach accredited courses, or for good cause 
shown as determined by the Maritime Administration. Designated 
institutions can appeal revocation of the designation by appealing to 
the Maritime Administrator or his designated representative. The appeal 
must be in writing and address the specific reasons why you believe 
your designation should be reinstated by MARAD.

Public Participation

How do I submit comments?

    Please submit your comments, including any attachments, following 
the instructions provided under the above heading entitled ADDRESSES. 
Be advised that it may take a few hours or even days for your comment 
to be reflected on the docket. In addition, your comments must be 
written in English. We encourage you to provide concise comments. You 
may attach additional documents as necessary. There is no limit on the 
length of the attachments.
    Please note that even after the comment period has closed, MARAD 
will continue to file relevant information in the Docket as it becomes 
available.

Where do I go to read public comments, and find supporting information?

    Go to the docket online at http://www.regulations.gov, keyword 
search MARAD-2018-0088 or visit us in person at the Docket Management 
Facility (see ADDRESSES for hours of operation). We recommend that you 
periodically check the Docket for new submissions and supporting 
material.

Will my comments be made available to the public?

    Yes. Be aware that your entire comment, including your personal 
identifying information, will be made publicly available.

May I submit comments confidentially?

    If you wish to submit comments under a claim of confidentiality, 
you should submit three copies of your complete submission, including 
the information you claim to be confidential business information, to 
the Department of Transportation, Maritime Administration, Office of 
Legislation and Regulations, MAR-225, W24-220, 1200 New Jersey Avenue 
SE, Washington, DC 20590. Include a cover letter setting forth with 
specificity the basis for any such claim and, if possible, a summary of 
your submission that can be made available to the public.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT/MARAD solicits comments 
from the public to better inform its rulemaking process. DOT/MARAD 
posts these comments, without edit, to www.regulations.gov, as 
described in the system of records notice, DOT/ALL-14 FDMS, accessible 
through www.dot.gov/privacy. To facilitate comment tracking and 
response, we encourage commenters to provide their name, or the name of 
their organization; however, submission of names is completely 
optional. Whether or not commenters identify themselves, all timely 
comments will be fully considered. If you wish to provide comments 
containing proprietary or confidential information, please contact the 
agency for alternate submission instructions.

    Authority: 49 CFR Sections 1.92 and 1.93.
    * * *

    Dated: May 25, 2018.

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