[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Notices]
[Pages 13231-13237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04570]
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket Number MARAD-2018-0088]
Final Policy: Centers of Excellence for Domestic Maritime
Workforce Training and Education Designation Program Guidance;
Information Collection Request for Comments
AGENCY: Maritime Administration, Department of Transportation.
ACTION: Final policy and information collection request for comments.
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SUMMARY: This notice serves to inform interested parties and the public
of the Maritime Administration's (MARAD) new program designating
eligible and qualified training entities as Centers of Excellence for
Domestic Maritime Workforce Training and Education (CoE). The National
Defense Authorization Act of 2018 (the Act), provided the Secretary of
Transportation with the discretionary authority to designate eligible
and qualified entities as CoEs. CoE designations will serve to assist
the maritime industry in obtaining and maintaining the highest quality
workforce. On July 19, 2019, the agency published a notice in the
Federal Register seeking public comments on a draft policy under which
designations would be carried out. Below, MARAD provides its responses
to all comments received. The agency is now announcing its voluntary
program to identify and recommend qualified training providers for CoE
designation.
DATES: This policy will become effective once the Office of Management
and Budget (OMB) approves a current information collection control
number. Comments regarding the information collection should be
submitted following guidance in the ADDRESSES section immediately below
on or before April 6, 2020. (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-2018-0088.
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 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. If you have questions on viewing the Docket, call
Docket Operations, telephone: 202-366-9317 or 202-366-9826.
SUPPLEMENTARY INFORMATION: Following the enactment of the National
Defense Authorization Act of 2018, Public Law 115-91 (the ``Act''),
codified at 46 U.S.C. 54102, MARAD developed a procedure to recommend
to the Secretary the designation of eligible institutions as Centers of
Excellence for Domestic Maritime Workforce Training and Education
(CoE). Pursuant to the Act, the Secretary of Transportation may
designate certain eligible and qualified training entities as CoEs and
may subsequently execute Cooperative Agreements with CoE designees.
Authority to administer the CoE program is delegated to MARAD in 49 CFR
1.93(a).
Qualified training entities seeking to be designated as a CoE need
to apply to MARAD. MARAD has developed this policy to provide
interested parties with comprehensive agency guidance on how to apply
for CoE designation and how the CoE program will be administered.
Applications should include information to demonstrate that the
applicant institution meets certain eligibility requirements, selection
criteria, and qualitative attributes consistent with Section 3507 of
the Act.
The MARAD application procedure and program details will be
available to the public on its website https://www.maritime.dot.gov/education/maritime-centers-excellence.
Prior Federal Action
As the first step in developing a CoE policy, MARAD issued a notice
requesting comments on its proposed application process entitled
Centers of Excellence for Domestic Maritime Workforce Training and
Education, 83 FR 25109 (May 31, 2018). In response to the notice, we
received 18 written comments. Then on July 19, 2019, MARAD published
another notice in the Federal Register (84 FR 34994) in which we
responded to comments received and sought new comments on the proposed
policy to which five more comments were received. Responses to the five
comments received from the July notice are summarized immediately
below. All the unabridged comments are available for review
electronically at www.regulations.gov by searching DOT Docket Id
``MARAD-2018-0088'' or by visiting the DOT Docket, Room PL-401, 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except for Federal Holidays.
Response to Comments on the July 19, 2019 Notice
MARAD received comments from five different commenters.
The North Carolina Ferry Division recommended that MARAD include
provisions to ensure geographic diversity, with a special focus on
rural areas. We agree that geographical diversity including rural
representation would be beneficial. However, this is dependent upon the
receipt of acceptable applications from qualified entities in
geographically diverse and rural areas. The statute does not establish
any quotas and we intend to designate all qualified entities. The
government's designation decision will be based upon our evaluation of
the information submitted in each application to demonstrate compliance
with the designation criteria.
The North Carolina Ferry Division suggested that another possible
benefit for these CoE facilities could be support with curriculum
development and growth. Certainly, knowledge sharing on industry
trends, job needs, and career progression would benefit these centers.
We agree.
The Community and Technical College Maritime Workforce Consortium
(CTCMWC), submitted the following 12 comments on behalf of 18 community
and technical colleges located in coastal areas, the Great Lakes, and
inland waterways:
1. CTCMWC requested clarification of `voluntary' as used in this
document. The draft Policy stated that participation
[[Page 13232]]
is entirely voluntary. We have further clarified the Policy.
2. CTCMWC suggested that it is important to define `institution'
and submitted a proposed definition. We do not agree because
``institution'' is a commonly used word with a commonly accepted
meaning and the proposed definition would result in a set of circular
definitions.
3. CTCMWC recommended adding the term ``public'' and language to
reflect State operation or supervision to the definition of a community
or technical college. We disagree because not all technical colleges
are necessarily State institutions.
4. CTCMWC recommended adding the term ``public'' to the definition
of a Maritime Training Center. We disagree because under the statute,
Maritime Training Centers can be privately owned and operated.
Including the word ``public'' would narrow the scope of the statute.
Such narrowing would restrict Maritime Training Centers that otherwise
would be eligible under the statute.
5. CTCMWC suggested that to be considered for designation, a
program should demonstrate a period of sustained program performance,
student retention, data generation, and rigor and relevance in meeting
industry workforce needs. CTCMWC recommended that both community and
technical colleges and maritime training centers be required to have a
maritime or maritime-related program in place for a period of five
years prior to applying for CoE designation. We disagree because
including such requirement for a maritime or maritime-related program
to be in place for a period of five years prior to applying for a CoE
designation would narrow the scope of the statute. Such narrowing would
restrict groups that otherwise would be eligible under the statute.
6. CTCMWC stated that a number of programs serve multiple
industries (e.g., welding, HVAC, diesel, transportation and logistics,
advanced manufacturing, and cyber security). Therefore, CTCMWC
suggested that expanding the scope of the eligibility language to
include maritime-related programming would be inclusive and appropriate
to best serve the needs of the maritime workforce. CTCMWC proposed
including ``maritime-related industry training program in its
curriculum'' within the eligibility criteria at 1.b.1 for community and
technical colleges. We disagree because programs that serve multiple
industries are not prohibited under the eligibility criteria for a
community or technical college at 1.b.1, if at least some of the
training is for the domestic maritime workforce. We note, however, that
the selection criteria at 2.I.a.2 includes programs offering Ashore
Career preparation tracks in the United States Maritime Industry which
has been defined quite broadly. Each institution's application may
explain how their maritime related programs provide Ashore Career
preparation tracks in the United States Maritime Industry.
7. CTCMWC suggested that MARAD recognize the alignment of some
community and technical colleges and maritime centers structuring as
consortia or alliances that will apply for designation in this form,
with one entity within that consortium or alliance operating as the
lead. CTCMWC recommended that the eligibility criteria be modified to
include a consortium or alliance of public Community or Technical
Colleges and/or Maritime Training Center(s). We agree and have
clarified our policy regarding applications by a group of otherwise
qualified entities and the expectations we have for such filings.
8. CTCMWC suggested expanding the scope of the language with regard
to high school engagement to include high schools with maritime-related
programming. According to this commenter, the expansion will support:
Broader outreach, outreach to underserved and underrepresented
communities, and support greater awareness of career pathways,
educational and apprenticeship opportunities in the industry. CTCMWC
recommended corresponding changes to the text at II.g. to reflect
broader scope regarding high school engagement. We agree and have
incorporated appropriate changes in the Policy.
9. CTCMWC suggested that Maritime academy engagement may not be a
viable strategy for all Domestic Maritime Centers of Excellence. This
may be due to geographic, industry, program and other factors.
According to this commenter, changing the language to be more
expansive, would be appropriate, and provide a more dynamic and
flexible platform from which the designated Domestic Maritime Centers
of Excellence can operate. CTCMWC recommended corresponding changes to
the text at II.h. to reflect flexible engagement with maritime
academies and broader engagement with applicable institutions for
advanced proficiency and higher education. We agree and have
incorporated appropriate changes in the Policy.
10. CTCMWC suggested that the policy require a mandatory written
agreement between MARAD and all designated Domestic Maritime Centers of
Excellence to address intent, scope of work, performance, compliance,
fiduciary guidelines, if applicable, etc. CTCMWC recommended that
``may'' be replaced by ``shall'' in ``After issuance of the
designation, MARAD may enter into a cooperative agreement with the
CoE.'' We disagree because imposing mandatory requirements in this
guidance document would be inconsistent with the Administrative
Procedure Act and DOT processes. See 49 CFR 5.29(e).
11. CTCMWC submitted their consensus position that a one-year
designation period is not feasible, and places an onerous burden not
only on an institution, but MARAD as well. CTCMWC recommended that
successful applicants receive a five-year designation and may reapply
for designation at the end of the five-year period. We understand the
concerns identified by CTCMWC and previously weighed the potential of a
five-year designation period. However, we believe that the one-year
period is workable and protects the accuracy and value of our
designations. A five-year period would necessitate the development of a
regulation and impose additional administrative burdens, i.e. oversight
mechanisms, not necessary with a one-year CoE designation. In addition,
we believe that this policy based program is the most responsive means
to exercise our discretionary authority. Consistent with other MARAD
programs, this new policy will allow experience to dictate whether and
how a regulation may be developed to best administer the program in the
future. For now, we believe this new policy, overall, is in the best
interest of potential CoE designees.
12. CTCMWC proposed that item # 3.d, addressing non-profit
certification, under `Information to include in your application' be
deleted, as eligible applicants are from public community and technical
colleges and maritime training centers operated under the supervision
of a state. We do not agree because non-profit certification is
required to be submitted only if applicable and a maritime training
center could be a non-public entity.
The American Waterways Operators expressed support for the CoE
program and encouraged MARAD to ensure that those community and
technical colleges that receive the CoE designation are ready to assist
the maritime industry in obtaining and maintaining the highest quality
workforce. The CoE designation will provide further opportunities and
avenues for these institutions to expand their reach, thus benefitting
the entire maritime industry. We agree.
[[Page 13233]]
The University of Alaska (UA) supported the CTCMWC comments. In
addition, UA noted that it has expanded its efforts to partner with the
State of Alaska Department of Labor and Workforce Development Alaska
Vocational Technical Center (AVTEC) to develop the Alaska Maritime
Education Consortium (AMEC). Partnering as a single consortium will
strengthen their abilities to meet the maritime workforce needs in
Alaska. UA strongly recommended that MARAD allow a consortium of
otherwise eligible community and technical colleges and maritime
training centers, to be eligible to apply for the CoE designation
within a State. Alaska's nearly 34,000 miles of coastline borders the
Beaufort and Chukchi Seas to the North (both of which merge into the
Arctic Ocean), the Bering Sea to the west, and the Gulf of Alaska and
Pacific Ocean to the south. UA has coastal campuses in Ketchikan,
Sitka, Juneau, Valdez, Homer, Kodiak, Soldotna, Dillingham, Bethel,
Nome, and Kotzebue. AVTEC is located on the coast in Seward. It is
neither practical nor prudent in a State like Alaska, to designate a
single geographical location as a CoE. UA hopes to apply for the CoE
designation as a single, integrated statewide consortium to leverage
the location, programs, and expertise of UA and AVTEC, into one,
robust, networked, center of excellence model. We agree and have
clarified our policy regarding applications by a group of otherwise
qualified entities and the expectations we have for such filings.
The Pacific Maritime Industries Education Alliance submitted
comments which were identical to the comments submitted by CTCMWC.
MARAD Center of Excellence for Domestic Maritime Workforce Training and
Education Designation Policy
This policy describes the process through which MARAD will exercise
its discretionary authority to designate Centers of Excellence for
Domestic Maritime Workforce Training and Education.
How To Be Designated a Center of Excellence for Domestic Maritime
Workforce Training and Education
Introduction
The Secretary of Transportation, acting through the Maritime
Administrator, may designate certain eligible and qualified training
entities as Centers of Excellence for Domestic Maritime Workforce
Training and Education (CoE) and may subsequently execute Cooperative
Agreements with CoE designees. The Maritime Administration (MARAD) has
developed the CoE Program to provide interested parties with
comprehensive agency guidance on how best to apply for CoE designation.
However, conformity with this CoE applicant guidance, except where
explicit in the statute, is voluntary only. MARAD will review and
consider all applications it receives and may contact applicants with
questions to assist in reviewing their applications. The CoE Program is
a voluntary program. Each eligible and qualified training entity is
free to decide whether it wishes to participate in the program and
apply for a CoE designation.
Eligible training entities seeking to be designated as a CoE are
welcome to apply with MARAD. The application should include information
to demonstrate that the applicant institution meets certain eligibility
criteria, designation requirements, and attributes consistent with 46
U.S.C. 54102.
Key Terms
The following list of key terms are either directly taken from the
statute or have been developed by MARAD or from comments received from
the public during our earlier notice and comment period. The list is
intended to assist applicants by providing context and insight into the
approval process. If you believe that your institution qualifies for
CoE designee status under an alternate interpretation or by
qualifications not otherwise clearly articulated in the statute, please
provide a cogent justification for any such alternative and it will be
given due consideration during our review.
1. ``Afloat Career'' is a term developed by MARAD to mean a career
as a merchant mariner compensated for service aboard a vessel in the
U.S. Maritime Industry.
2. ``Arctic'' as explicitly stated in the statute 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];
3. ``Ashore Career'' is a term developed by MARAD to mean a shore-
based compensated occupation in the United States Maritime Industry.
4. ``Community or Technical College'' is interpreted by MARAD to
mean an institution of higher education that--
a. admits as regular students, persons who are beyond the age of
compulsory school attendance, or are enrolled in a high school and
concurrently are participating in a dual credit or similar program, in
the State in which the institution is located or in an adjoining State
or region; and
b. has primary focus on awarding Associate (or equivalent) degrees;
and
5. provides an educational program that is acceptable for full
credit toward a bachelor's or equivalent degree or that may culminate
in a professional or technical certificate or credential, stackable
certificates and credentials, and/or two-year degree; ``Maritime
Training Center'' is interpreted by MARAD to mean a training
institution that:
a. Does not grant baccalaureate or higher levels of academic
degree;
b. is not a ``Community or Technical College''; and
c. provides a structured program of training courses to prepare
students and/or enhance their skills for Afloat Careers and/or Ashore
Careers in the United States Maritime Industry.
6. ``Mississippi River System'' is interpreted by MARAD to mean 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.
7. ``Operated by, or under the supervision of, a State'' is
interpreted by MARAD to mean operated by or under the supervision of a
public entity of a State government or one of its subdivisions, as well
as, county governments, and city or local governments;
a. ``operated by'' a State is interpreted by MARAD to mean that the
State controls or provides direct oversight to the Maritime Training
Center or the Community or Technical College through:
i. A State charter process, or other equivalent documents and
system; and
ii. a State oversight body.
b. ``under the supervision of a State'' is interpreted by MARAD to
mean that the State oversees in some manner the Maritime Training
Center or the Community or Technical College through at least one of
the following means:
i. Accreditation or similar review, validation, and approval by a
public entity of the State government or one of
[[Page 13234]]
its subdivisions as well as, county governments, and city or local
governments;
ii. Registration approval by a State Apprenticeship Agency (SAA),
in accordance with 29 CFR part 29, of an apprenticeship program offered
by the Maritime Training Center to qualified students from the public;
or
iii. Other means which demonstrate to MARAD that the State is
supervising the educational process for which a CoE designation is
sought.
c. ``State'' is interpreted by MARAD to mean a State of the United
States, the District of Columbia, Guam, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and any other
territory or possession of the United States.
d. ``United States Maritime Industry'' is a term developed by MARAD
that includes all segments of the maritime-related transportation
system of the United States, both in domestic and foreign trade,
coastal and inland waters, as well as non-commercial maritime
activities, such as pleasure boating, marine sciences (including all
scientific research vessels) 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 and maritime-oriented research and development.
Applicant Information
1. Who is eligible to apply for designation as a Center of Excellence
for Domestic Maritime Workforce Training and Education (CoE)?
Participation in the CoE program is entirely voluntary for an
eligible educational institution. An eligible educational institution
is not required to seek a CoE designation. Under the statute, an
educational institution that provides training and education for the
domestic maritime workforce is eligible to apply so long as it meets
the following criteria:
a. An institution located in a State that borders on at least one
of the following bodies of water:
1. Gulf of Mexico;
2. Atlantic Ocean;
3. Long Island Sound;
4. Pacific Ocean;
5. Great Lakes;
6. Mississippi River System;
7. Arctic; or
8. Gulf of Alaska.
b. The institution is:
1. A Community or Technical College; or
2. 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; or
3. A group of Community or Technical Colleges and/or Maritime
Training Centers that:
i. Consists only of members that meet the eligibility criteria at
(1)(a) and either (1)(b)(1) or (1)(b)(2), and the selection criteria
under (2);
ii. Names a member of such group as a lead entity. The lead entity
will serve as the primary point of contact with MARAD and will be
responsible for all duties, including administrative, legal and
financial, as related to the CoE designation. For example, the lead
entity is responsible for submitting the CoE application, responding to
any inquiries from MARAD, and coordinating and executing any
cooperative agreements with MARAD; and
iii. Has a legally binding agreement signed by all members. That
agreement must include the name of the group, which will receive the
CoE designation if one is granted, and list the lead entity and its
responsibilities consistent with (ii) of this section.
2. How does MARAD interpret the selection criteria for CoE designation?
I. Assuming no alternative qualifications are provided, MARAD will
consider applicants eligible for designation if they can demonstrate
compliance with all the following criteria:
a. The academic programs offered by the institution include:
1. One or more Afloat Career preparation tracks in the United
States Maritime Industry, and/or
2. One or more Ashore Career preparation tracks in the United
States Maritime Industry.
b. Applicant institutions offering Afloat Career and/or Ashore
Career tracks have been accredited as follows:
1. ``Community or Technical Colleges'' hold current accreditation
of the institution from a Regional Accreditation Agency or a Nationally
Recognized Agency on the list of Accrediting Agencies approved by the
U.S. Department of Education.
2. ``Maritime Training Centers'' hold current accreditation
either--
i. of the institution, from a Regional Accreditation Agency or a
Nationally Recognized Agency on the list of Accrediting Agencies
approved by the U.S. Department of Education; or
ii. of the maritime training program offered by the institution
from either:
A. The State Apprenticeship Agency (SAA) in accordance with 29 CFR
part 29,
B. the State's Department of Education or equivalent State agency,
C. the United States Coast Guard (USCG), or
D. other appropriate external review body which is specifically
authorized to review and validate post-secondary education programs and
is acceptable to MARAD.
c. As applicable, maintain USCG approval for the merchant mariner
training program and/or merchant mariner training course(s) offered by
the institution.
d. Provide data and statistics to demonstrate institutional and/or
program effectiveness. This should include, but is not limited to,
recruitment data, past/current enrollment (trends), attrition rates,
student program completion data, post-program job and placement
statistics (to the extent available to the institution), and program
effectiveness feedback from students, faculty, alumni, and other
stakeholders.
e. As applicable, maintain authorization and/or endorsement of the
program and/or course(s) by an applicable professional society or
industry body (including, but not limited to Welding, Electrician,
Electronics, Maritime Construction, Maritime Logistics, Maritime
Systems, etc.) to issue industry accepted certifications that reflect
professional recognition of the level of educational or technical skill
achievement.
II. Additional factors to be considered may include the following
qualitative attributes fostered by the institution:
a. Supporting workforce needs of the local, state, or regional
economy;
b. Building Science, Technology, Engineering, and Math (STEM)
competencies of local/future workforce through maritime programs to
meet emerging local, regional, and national economic interests;
c. Promoting diversity and inclusion among the student body;
d. Offering a broad-based curriculum and stackable credentials
where applicable;
e. Engaging and/or collaborating with the maritime industry
including, but not limited to employers, associations, and other
industry organizations or partners;
f. Engaging and/or collaborating with employer-led maritime
training practices and programs through Sector Partnerships as
authorized in the 2014
[[Page 13235]]
Workforce Innovation and Opportunity Act Section 3(26);
g. Engaging and/or collaborating with local and regional maritime
high schools or other high schools with maritime, maritime related,
Career Technical Education (CTE) or STEM programs;
h. Engaging and/or collaborating with maritime academies as
appropriate and other applicable institutions or organizations for
advanced proficiency and higher education; and
i. Conducting other significant domestic maritime workforce
development related activities.
3. What agreement may MARAD execute with a designated CoE?
The Maritime Administrator, or designee, may enter into a
cooperative agreement with 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 or enhance facilities;
d. Create new maritime career pathways;
e. Award students credit for prior experience, including military
service;
f. Expand and improve employer-led maritime training practices and
programs through the establishment of Sector Partnerships as authorized
in the 2014 Workforce Innovation and Opportunity Act Section 3(26); and
g. Conduct such other CoE activities that are determined by MARAD
to further maritime workforce training and education.
4. What specific assistance may MARAD offer to a designated CoE under a
Cooperative Agreement?
By entering into a cooperative agreement, MARAD may be able to
offer the following types of assistance:
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 the Department of Defense when applicable. For any CoE requests
relating to temporary use of a MARAD Training Ship operated by a State
Maritime Academy, the MARAD approval process will include consultation
with that Academy;
c. Availability of MARAD subject matter experts to address students
when feasible; and
d. Funding, to the extent such funds are properly appropriated and
made available for this purpose.
Implementation and Administration
MARAD will evaluate the applicant's supporting documentation and
either approve or disapprove the request for designation. During the
evaluation of the application and the supporting documentation, MARAD
may request clarifications or additional information from the
applicant. Upon approval, the Maritime Administrator or his/her
designee will make a designation. MARAD will thereafter publish the
CoE's name and contact information on its website. After issuance of
the designation, MARAD may enter into a cooperative agreement with the
CoE.
5. When and where should I submit my application for designation?
a. MARAD will publish notifications in the Federal Register and on
its website at the beginning of March each year seeking applications on
or before June 1. This should provide applicants a minimum of 60 days
to prepare and submit their applications.
Note: The first CoE application period is anticipated to occur
sometime soon after the agency receives the required Office of
Management and Budget information collection number. Accordingly, the
first CoE application period to be noticed may occur outside the
proposed March-June time frame.
b. An eligible training entity seeking designation as a CoE may
submit applications, including all supporting information and
documents, by email to [email protected].
Or by mail addressed as follows: Department of Transportation,
Maritime Administration, Deputy Associate Administrator for Maritime
Education and Training, Attention: CoE Designation Program, 1200 New
Jersey Ave. SE, Washington, DC 20590.
6. How will I know the outcome of my designation request application?
MARAD will notify each applicant of the status of their designation
request. During the evaluation period, MARAD may request clarification
or additional information from the applicant.
7. Does my CoE designation expire?
CoE designations are identified by year (e.g., X has been
designated a Center of Excellence for Domestic Maritime Workforce
Training and Education for 2020). Successful applicants can apply each
year for designation.
How To Apply for a CoE Designation
8. What should be included in my CoE Designation Application?
Special Instructions: To assist MARAD in its review of your
application and to ensure that your application is identified as
complete, your institution should provide only concise and relevant
information and supporting documentation to adequately demonstrate your
eligibility and compliance with the statutory designation criteria. To
that end, MARAD encourages your institution to ensure that each
responsive section and each page of any document or enclosure in your
application clearly references the question number(s) and section(s)
listed in this guidance and or the statute. See the below examples:
Example 1. ``Mar Ex'' is eligible for the CoE program as a
community college. (Q10, Section I(c)). Please find enclosed our
Articles of Incorporation, Certificate of Status, State supervision and
validation document. (Q10, Section I(c)(1-3).
Example 2. ``Mar Ex'' is enclosing the following supporting
documents to demonstrate that our Maritime Training Center offers
Afloat Track programs and that we are State accredited. (Q10, Section
I(e)(2)): U.S. Department of Education Accrediting Agency XYZ
accreditation (Q10, Section I(e)(2)(i).
Information To Include in Your Application
Including the following information will greatly assist our review
process:
1. Letter applying for CoE designation from the Chief Executive of
the applicant institution.
2. Applicant contact information:
a. Legal name of applicant institution and address.
b. Chief executive's name, position title, address, phone number(s)
and email.
c. Points of contact (POC) name(s), position titles, phone
number(s), emails.
3. Indicate if the applicant institution is claiming eligibility
for the CoE program as a ``Community or Technical College'' or
``Maritime Training Center'', and submit the following supporting
information and documents:
a. Charter, Articles of Incorporation, Certificate of
Incorporation, or equivalent, if applicable.
b. Certificate of Status (also known as Certificate of Existence or
Certificate of Good Standing), a document issued by a State official
(usually the Secretary of State), if applicable.
c. State operation or State supervision validation documents, if
applicable.
d. Non-Profit certification, if applicable.
[[Page 13236]]
e. Accreditation approval letter(s) from an accrediting
agency(ies).
f. Approval letter from a State Apprenticeship Agency (SAA) in
accordance with 29 CFR part 29, if applicable.
g. Approval letter from the State's Department of Education or
equivalent State agency, if applicable.
h. Approval letter from the United States Coast Guard (USCG), if
applicable.
i. ISO 9001 or other quality management certification (Maritime
Training Centers only), if applicable.
j. Data and statistics to demonstrate institutional effectiveness.
This should include, but not be limited to, recruitment data, past/
current enrollment (trends), attrition rates, student program
completion data, post-program job and placement statistics (to the
extent available to the institution), and program effectiveness
feedback from students, faculty, alumni, and other stakeholders.
4. Indicate that the applicant offers one or more Afloat Career
preparation tracks and/or one or more Ashore Career preparation tracks
in the United States Maritime Industry and submit the following
supporting information:
a. Program summary;
b. A description of applicable courses offered (only relevant
maritime related program-specific pages from the catalogue);
c. If applicable, letters of authorization and/or endorsement of
the course/program and/or course(s) by an applicable professional
society or industry body (including, but not limited to Welding,
Electrician, Electronics, Maritime Construction, Maritime Logistics,
Maritime Systems, etc.) to issue industry accepted certifications that
reflect a professionally recognized level of educational or technical
skill achievement; and
d. Any other relevant supporting documentation.
Note: Applicant institutions offering both Ashore and Afloat Career
tracks are encouraged to submit supporting information for both tracks.
5. Applicant institutions offering Afloat Career and/or Ashore
Career tracks should indicate that they have satisfied accreditation
requirements, as set forth below:
a. ``Community and Technical Colleges'' hold current accreditation
of the institution from a Regional Accreditation Agency or a Nationally
Recognized Agency on the list of Accrediting Agencies approved by the
U.S. Department of Education.
b. ``Maritime Training Centers'' hold current accreditation--
i. either of the institution from a Regional Accreditation Agency
or a Nationally Recognized; Agency on the list of Accrediting Agencies
approved by the U.S. Department of Education; or
ii. of the maritime training program offered by the institution
from one or more of the following:
A. A State Apprenticeship Agency (SAA) in accordance with 29 CFR
part 29,
B. the State's Department of Education or equivalent State agency,
C. the United States Coast Guard (USCG), if applicable; or
D. other appropriate external review body which is specifically
authorized to review and validate post-secondary education programs and
is acceptable to MARAD.
6. All applicant institutions may submit a brief narrative
statement for one or more qualitative attributes fostered by the
institution to accomplish the following:
a. Support the workforce needs of the local, state, or regional
economy;
b. Build the STEM (Science, Technology, Engineering, and Math)
competencies of local/future workforce to meet emerging local,
regional, and national economic interests;
c. Promote diversity and inclusion among the student body;
d. Offer a broad-based curriculum and stackable credentials, where
applicable;
e. Engage and/or collaborate with the maritime industry, including,
but not limited to employers, associations, and other industry
organizations or partners;
f. Engage and/or collaborate with employer-led maritime training
practices and programs through Sector Partnerships as authorized in the
2014 Workforce Innovation and Opportunity Act Section 3(26);
g. Engage and/or collaborate with local and regional maritime high
schools with maritime, maritime related, Career Technical Education
(CTE) or STEM programs;
h. Engage and/or collaborate with maritime academies and other
institutions or organizations for advanced proficiency and higher
education; and
i. Conduct other significant domestic maritime workforce
development related activities.
7. All applicant institutions may provide any relevant
endorsements, awards, recognition and significant accomplishments in
support of their application.
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 3507 of the National
Defense Authorization Act of 2018, Public Law 115-91 (December 12,
2017). Nothing in this notice or in the policy itself requires MARAD to
exercise its discretionary authority under 46 U.S.C. 54102. This policy
establishes a voluntary program in which successful applicants may be
designated as a Center of Excellence for Domestic Maritime Workforce
Training and Education (CoE).
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 be Designated a
Center of Excellence for Domestic Maritime Workforce Training and
Education'' 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 this 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. Copies of this notice and information collection
request may be obtained from the Office of Maritime Labor and Training
MAR-650, Room W23-314, 1200 New Jersey Avenue SE, Washington, DC 20590.
--Title of Information Collection: Centers of Excellence for
Domestic Maritime Workforce Training and Education Program.
--OMB Control Number: Pending.
--Form Number: None.
--Expiration Date of Approval: Three years following approval by
the Office of Management and Budget.
--Summary of Collection of Information: Entities seeking to obtain
[[Page 13237]]
designation as a Center of Excellence for Domestic Maritime Workforce
Training and Education (CoE). Entities seeking CoE designation must
submit certain information described in the proposed policy and
application procedures. No form is required to make a submission.
However, all information described in the application procedures will
be required to be submitted as described therein and is necessary for
the proper review of the applicant's qualifications.
--Need for and Use of the Information: The information collected
will be used to analyze whether applicants have the qualifications to
meet the programmatic requirements of Section 3507 of the National
Defense Authorization Act, 2018. This policy is necessary to establish
an understanding between MARAD and the applicant/training entity that
certain terms must be met to hold a CoE designation. Without this
information, MARAD would not be able to offer the benefit of its CoE
designation program to applicants. In addition, CoE designation will
facilitate the training and education of a domestic maritime workforce
essential to meeting the nation's current and projected economic and
national security needs.
--Description of Respondents: As defined by statute, Community
Colleges, Technical Colleges and certain Maritime Training Centers with
a maritime training program in operation on December 12, 2017.
--Annual Responses: Once the Program is implemented, the agency
anticipates between 75-100 submissions each year. Designation is a one-
time event identified by year. However, the agency does anticipate the
collection of information annually from the same estimated number of
training entities seeking annual designation.
--Annual Burden: 24 hours per program participant.
(Authority: The National Defense Authorization Act of 2018, P.L.
115-91 (December 12, 2017), 46 U.S.C. 54102, The Paperwork Reduction
Act of 1995, 44 U.S.C. Chapter 35, as amended, 49 CFR 1.49)
Dated: March 2, 2020.
By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020-04570 Filed 3-5-20; 8:45 am]
BILLING CODE 4910-81-P