[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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD-2022-0057 and follow the instructions 
for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#5510181714071615313a217b323a23"><span class="__cf_email__" data-cfemail="4500080704170605212a316b222a33">[email protected]</span></a>. 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#efaaa2adaebdacaf8b809bc1888099"><span class="__cf_email__" data-cfemail="387d757a796a7b785c574c165f574e">[email protected]</span></a>. 
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:
    <bullet> Ensure that all standards that are immediately applicable 
to carriers are implemented before cadets are embarked;
    <bullet> clarify the training requirements--including the frequency 
of training--for crew members and for cadets;
    <bullet> not designate the Designated Person Ashore--a position 
identified under the SOLAS convention--as a carrier's SASH contact for 
cadets;
    <bullet> clarify the communications procedures between a carrier's 
SASH contact and cadets;
    <bullet> clarify the training requirements for carriers' SASH 
contacts; and
    <bullet> 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:
    <bullet> Build and maintain a shipboard culture of inclusion and 
respect.
    <bullet> 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.
    <bullet> Eliminate the barriers that survivors, witnesses, and 
bystanders face in reporting SASH incidents.
    <bullet> Support survivors, witnesses, and bystanders who report 
SASH incidents.
    <bullet> Promptly address any report of behavior that is 
inconsistent with EMBARC Standards, using every available resource.
    <bullet> 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.
    <bullet> 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.)
    <bullet> 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> Provide Midshipmen with a pocket guide detailing how to 
make restricted and unrestricted reports of SASH.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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
    <bullet> 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.
    <bullet> 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.
    <bullet> 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]]

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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/.
    <bullet> 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/.
    <bullet> 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.
    <bullet> 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
    <bullet> Within one year, implement vessel master key control 
systems, manual or electronic.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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]]

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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


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