Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 18461 

2The Council on Environmental Quality (CEQ) 

issued new regulations on July 14, 2020, effective 

September 14, 2020, updating the NEPA 

implementing procedures at 40 CFR 1500 through 

1508. However, this project initiated NEPA before 

the effective date and relies on the CEQ regulations 

as they existed prior to September 14, 2020. All 

subsequent citations to the CEQ regulations in the 

ROD and Final EIS refer to the 1978 regulations, 

consistent with 40 CFR 1506.13 (2020) and the 

preamble at 85 FR 43340. 

protective of California’s unique natural 

resources. The Authority has selected 

the HSR Build Alternative with the 

Burbank Station and a modified Los 

Angeles Union Station, as identified in 

the Final Environmental Impact 

Statement (Final EIS) and Record of 

Decision (ROD), for the Burbank to Los 

Angeles Project because the Selected 

Alternative (1) best satisfies the 

Purpose, Need, and Objectives for the 

Project and (2) minimizes impacts on 

the natural and human environment by 

utilizing an existing transportation 

corridor where practicable and 

incorporating mitigation measures 

where practicable. The actions by the 

Authority, and the laws under which 

such actions were taken, are described 

in the Project’s Final EIS and ROD, 

approved on March 7, 2022. The ROD, 

Final EIS, and other documents will be 

available online in PDF at the 

Authority’s website (www.hsr.ca.gov) 

and via CD–ROM by calling (916) 324– 

1541. 

This notice applies to the ROD, Final 

EIS, and all other Federal agency 

decisions with respect to the Project as 

of the issuance date of this notice and 

all laws under which such actions were 

taken, including but not limited to: 

1. NEPA; 

2. Council on Environmental Quality 

regulations (1978); 2

3. Fixing America’s Surface 

Transportation Act (FAST Act); 

4. Department of Transportation Act 

of 1966, Section 4(f); 

5. Land and Water Conservation Fund 

(LWCF) Act of 1965, Section 6(f); 

6. Clean Air Act Amendments of 

1990; 

7. Clean Water Act of 1977 and 1987; 

8. Endangered Species Act of 1973; 

9. Migratory Bird Treaty Act; 

10. National Historic Preservation Act 

of 1966, as amended; 

11. Executive Order 11990, Protection 

of Wetlands; 

12. Executive Order 11988, 

Floodplain Management; 

13. Executive Order 12898, Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations; 

14. Executive Order 13112, Invasive 

Species. 

Issued in Washington, DC. 

Jamie P. Rennert, 

Director, Office of Infrastructure Investment. 

[FR Doc. 2022–06703 Filed 3–29–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2021–0100] 

Notice of Availability of a Final General 

Conformity Determination for the 

California High-Speed Rail System, 

San Jose to Merced Section 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: FRA is providing this notice 

to advise the public that it is issuing a 

Final General Conformity Determination 

(FCD) for the San Jose to Merced Section 

of the California High-Speed Rail (HSR) 

System. 

FOR FURTHER INFORMATION CONTACT: 

Andre ́a Martin, Senior Environmental 

Protection Specialist, Office of Railroad 

Policy and Development (RPD), 

telephone: (202) 493–6201, email: 

Andrea.Martin@dot.gov; or Marlys 

Osterhues, Chief Environment and 

Project Engineering, RPD, telephone: 

(202) 493–0413, email: 

Marlys.Osterhues@dot.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 23 U.S.C. 327 (Section 327), the 

California High-Speed Rail Authority 

(CHSRA or Authority) has assumed 

FRA’s environmental review 

responsibilities under the National 

Environmental Policy Act (NEPA; 42 

U.S.C. 4321 et seq.). However, under 

Section 327, FRA remains responsible 

for compliance with the Clean Air Act 

General Conformity requirements. In 

compliance with NEPA and the 

California Environmental Quality Act 

(CEQA), the Authority published a Final 

Environmental Impact Record/Final 

Environmental Impact Statement (EIR/ 

EIS) for the San Jose to Merced Section 

of the California High-Speed Rail (HSR) 

System on February 25, 2022. 

FRA prepared a Draft General 

Conformity Determination, pursuant to 

40 CFR part 93, subpart B, which 

establishes the process for complying 

with the General Conformity 

requirements of the Clean Air Act. FRA 

published a notice in the Federal 

Register on November 26, 2021 advising 

the public of the availability of the Draft 

Conformity Determination for a 30-day 

review and comment period. The Draft 

Conformity Determination was 

published at http://

www.regulations.gov, Docket No. FRA– 

2021–0100. The comment period of the 

Draft Conformity Determination closed 

on December 30, 2021. FRA received 

two comments expressing support for 

the project and Draft General 

Conformity Determination. 

FRA prepared the Final General 

Conformity Determination pursuant to 

40 CFR part 93 Subpart B, and based on 

the Authority’s coordination with the 

U.S. Environmental Protection Agency 

(EPA), Bay Area Air Quality 

Management District (BAAQMD), San 

Joaquin Valley Air Pollution Control 

District (SJVAPCD), and the California 

Air Resources Board (CARB). The 

analysis found that construction period 

emissions would exceed the General 

Conformity de minimis threshold for 

Nitrogen Oxides (NOX). However, 

operation of the Project would result in 

an overall reduction of regional 

emissions of all applicable air pollutants 

and would not cause a localized 

exceedance of an air quality standard. 

Consistent with the General Conformity 

Rule, the Authority will ensure all 

remaining emissions that exceed the de 

minimis thresholds, after 

implementation of the impact avoidance 

and minimization features and onsite 

mitigation measures, will be completely 

mitigated to zero through agreements 

with the applicable air districts. Based 

on this commitment, FRA determined 

the Project will conform to the 

requirements in the approved State 

Implementation Plan. 

The Final General Conformity 

Determination is available at http://

www.regulations.gov, Docket No. FRA– 

2021–0100, and FRA’s website at 

https://railroads.dot.gov/environment/ 

environmental-reviews/clean-air-actcalifornia-general-conformitydeterminations. 

Issued in Washington, DC. 

Jamie P. Rennert, 

Director, Office of Infrastructure Investment. 

[FR Doc. 2022–06724 Filed 3–29–22; 8:45 am] 

BILLING CODE 4910–06–P 

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 


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18462 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

ACTION: Notice and request for 

comments. 

SUMMARY: After consulting with 

operators of commercial vessels and 

other Sea Year stakeholders, on 

December 15, 2021, the Maritime 

Administration (MARAD) released on 

its website agency guidance entitled 

Every Mariner Builds a Respectful 

Culture (EMBARC). The EMBARC 

standards enumerate sexual assault and 

sexual harassment (SASH) prevention 

and response safety criteria for 

commercial vessel operators approved 

to carry cadets from the U.S. Merchant 

Marine Academy (USMMA) for training 

purposes. EMBARC includes 

compliance procedures, and sexual 

assault and sexual harassment (SASH) 

prevention and response standards that 

all commercial vessel operators should 

implement before the USMMA entrusts 

them with the at-sea training of 

midshipmen. EMBARC will help 

strengthen the maritime industry’s 

efforts to prevent and respond to 

incidents of SASH and other forms of 

misconduct and help ensure a safer 

training environment for all cadets. By 

this notice, MARAD is seeking public 

comment on its EMBARC policy. 

DATES: Comments must be received on 

or before May 31, 2022. MARAD will 

consider comments filed after this date 

to the extent practicable. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2022–0057 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Search 

MARAD–2022–0057 and follow the 

instructions for submitting comments. 

• Email: EMBARC@dot.gov. Include 

MARAD–2022–0057 in the subject line 

of the message and provide your 

comments in the body of the email or as 

an attachment. 

• Mail or Hand Delivery: The Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2022–0057, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590. Due to flexible work 

schedules in response to Covid 19, call 

202–493–0402 to determine facility 

hours prior to hand delivery. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, and/or a 

telephone number in a cover page so 

that we can contact you if we have 

questions regarding your submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, see the section 

entitled Public Participation. 

FOR FURTHER INFORMATION CONTACT: 

Chris Wahler, Director of Maritime 

Labor and Training, (202) 366–5469 or 

via email at EMBARC@dot.gov. 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 SelfAssessment 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-trainingprogram-criteria/every-mariner-buildsrespectful-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 midDecember 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 


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sea—and for all mariners—by helping 

prevent sexual assault and sexual 

harassment, improve support provided 

to survivors, and support a culture of 

accountability. 

Following these meetings, MARAD, 

USMMA, and DOT developed 

principles to guide the development of 

new criteria that would be applied to 

commercial vessel operators that train 

USMMA cadets. These principles 

formed the basis for the EMBARC ‘‘Core 

Tenets’’ on which MARAD seeks 

comments. 

1. Build and maintain a shipboard 

culture of inclusion and respect. 

2. Establish zero tolerance policies for 

SASH, harassment, and hostile work 

environment, as well as zero tolerance 

for retaliation against anyone who 

reports assault or harassment. 

3. Eliminate the barriers that survivors 

and bystanders face in reporting SASH 

incidents. 

4. Support survivors and bystanders 

who report SASH incidents. 

5. Promptly address any report of 

behavior that is inconsistent with 

EMBARC standards, using every 

available resource. 

6. Provide for a comprehensive review 

of all company and vessel policies and 

procedures to ensure that they fully 

support a work environment in which 

assault and harassment in any form— 

and retaliation against those who report 

assault or harassment—are not tolerated. 

7. Provide for the proper 

implementation of cadet safety 

standards and ensure the adoption of 

updates as they are promulgated by 

MARAD. 

8. Incorporate SASH prevention, 

response, and reporting procedures into 

the Company and Vessel Safety 

Management Systems. 

Consistent with these principles, 

MARAD, DOT, and the USMMA sought 

individual input on a draft version of 

the Every Mariner Builds a Respectful 

Culture (EMBARC) criteria. MARAD 

received input from USMMA 

midshipmen, vessel owners and 

operators, maritime labor, state 

maritime academies, maritime 

workforce leaders, staff of the U.S. 

Congress, USCG, the Department of 

Education, and a non-maritime 

organization with expertise in sexual 

assault and sexual harassment response 

and survivor support. Among the 

stakeholders’ individual 

recommendations, commenters 

suggested that the EMBARC Standards 

should: 

• Ensure that all standards that are 

immediately applicable to carriers are 

implemented before cadets are 

embarked; 

• clarify the training requirements— 

including the frequency of training—for 

crew members and for cadets; 

• not designate the Designated Person 

Ashore—a position identified under the 

SOLAS convention—as a carrier’s SASH 

contact for cadets; 

• clarify the communications 

procedures between a carrier’s SASH 

contact and cadets; 

• clarify the training requirements for 

carriers’ SASH contacts; and 

• delay certain proposed 

requirements that may require vessels to 

be unavailable for service. 

On December 15, 2021, MARAD 

released on its website the EMBARC 

Standards and Self-Assessment Check 

List on which comments are now 

sought. MARAD has continued to meet 

with stakeholders to clarify EMBARC 

requirements and receive comments. 

For example, MARAD and USMMA met 

with representatives of the SMAs, vessel 

owners and operators, and maritime 

labor on January 27, 2022, to clarify 

EMBARC check list items and hear 

stakeholders’ individual comments and 

concerns regarding EMBARC. MARAD 

also released a ‘‘Frequently Asked 

Questions’’ (FAQ) on its website on 

February 8, 2022. 

Consistent with its commitment to 

continuous review and improvement of 

EMBARC and continuing its extensive 

outreach to stakeholders, MARAD 

believes that this notice with request for 

comments will further improve its 

EMBARC agency guidance. 

Scope of Comments Requested 

MARAD is interested in learning how 

EMBARC could be improved, while also 

ensuring comprehensive support and 

adoption by the maritime industry and 

other stakeholders. Accordingly, 

MARAD specifically seeks comment on 

the following: (1) Any areas of sexual 

assault and sexual harassment 

prevention and response not properly 

addressed or accounted for in the 

EMBARC guidance; (2) any method 

MARAD could employ that would assist 

with oversight of, and compliance with, 

EMBARC; and, (3) other policies, 

procedures, or programs MARAD 

should consider to help ensure the 

safety and security of mariner cadets. 

MARAD also seeks comment on the 

application of EMBARC, or standards 

similar to EMBARC, to owners or 

operators of vessels other than 

commercial carriers that must comply 

with SOLAS. Such other owners or 

operators include state and local 

governments, state maritime academies 

(SMA), and Great Lakes commercial 

vessel operators. Application to the 

SMAs would include the SMAs as 

operators of vessels upon which 

USMMA cadets receive training, and the 

SMAs as institutions of higher 

education that place their cadets on 

commercial vessels would be required 

to meet Coast Guard licensing 

requirements. 

Content of Comments Requested 

In making your comments, direct 

experience and quantifiable data are 

more useful than anecdotal 

descriptions. Likewise, if a commenter 

believes that there is a more effective 

alternative, the commenter should 

describe that alternative in verifiable 

detail. 

Public Participation Instructions 

How long do I have to submit 

comments? 

We are providing a 60-day comment 

period. 

How do I prepare and submit 

comments? 

Your comments must be written in 

English. 

To ensure that your comments are 

correctly filed in the Docket, please 

include the docket number shown at the 

beginning of this document in your 

comments. 

If you are submitting comments 

electronically as a PDF (Adobe) File, 

MARAD asks that the documents be 

submitted using the Optical Character 

Recognition (OCR) process, thus 

allowing MARAD to search and copy 

certain portions of your submissions. 

Comments may be submitted to the 

docket electronically at http://

www.regulations.gov. Search using the 

MARAD docket number in this notice 

and follow the online instructions for 

submitting comments. 

You may also submit two copies of 

your comments, including the 

attachments, to Docket Management at 

the address given above under 

ADDRESSES. 

Please note that pursuant to the Data 

Quality Act, for substantive data to be 

relied upon and used by the agency, it 

must meet the information quality 

standards set forth in the OMB and DOT 

Data Quality Act guidelines. 

Accordingly, we encourage you to 

consult the guidelines in preparing your 

comments. OMB’s guidelines may be 

accessed at http://www.whitehouse.gov/ 

omb/fedreg/reproducible.html. DOT’s 

guidelines may be accessed at http://

www.bts.gov/programs/statistical_

policy_and_research/data_quality_

guidelines. 

I provided MARAD comments on 

EMBARC, orally or in writing, in another 

forum. May I provide comments in 

response to this notice as well? 


khammond on DSKJM1Z7X2PROD with NOTICES
18464 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

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/seayear-training-program-criteria. The 

following is a consolidation of both the 

EMBARC Policies and Procedures and 

the EMBARC Standards documents. 

Every Mariner Builds a Respectful 

Culture (EMBARC) 

Procedure 

I. Purpose 

The mission of the United States 

Merchant Marine Academy (USMMA) is 

to educate and graduate leaders of 

exemplary character who are inspired to 

serve the national security, marine 

transportation, and economic needs of 

the United States. As USMMA educates 

and trains the next generation of 

leaders, it is committed to ensuring that 

all members of the Academy community 

learn and work in safe and supportive 

environments. 

Realizing these goals depend on 

fostering a community of mutual 

respect, support, and accountability. 

Accordingly, the U.S. Department of 

Transportation (DOT), Maritime 

Administration (MARAD), and USMMA 

require all commercial vessel owners 

and operators that participate in 

USMMA cadet training to adopt and 

follow the Every Mariner Builds a 

Respectful Culture (EMBARC) Sexual 

Assault and Sexual Harassment (SASH) 

Prevention Mandatory Standards 

(EMBARC Standards)—a set of policies, 

programs, procedures, and practices to 

help strengthen a culture of SASH 

prevention and support appropriate 

responses to incidents of sexual 

violence and sexual harassment and 

other forms of misconduct—and 

complete enrollment before embarking 

any cadet. 

The policies, procedures, and culture 

of DOT, MARAD, and USMMA must 

support effective implementation of the 

standards outlined in EMBARC. 

Therefore, DOT, MARAD, and USMMA 

are revising policies and procedures for 

Sea Year to enable midshipmen to safely 

obtain the sea time needed to qualify 

them to sit for their licensing 

examinations. Specific policies and 

procedures already under development 

are described in more detail below. 

DOT, MARAD, and USMMA are 

committed to ongoing evaluation and 

improvement of the EMBARC standards 

to incorporate emerging best practices 

and will engage closely and regularly 

with USMMA cadets and other 

stakeholders to assess implementation 

and discuss options to further 

strengthen the EMBARC program. 

Similarly, DOT, MARAD, and USMMA 

will continue to evaluate and strengthen 

USMMA’s policies and procedures 

regarding implementation of Sea Year, 

including closely and regularly engaging 

with USMMA cadets and other 

stakeholders regarding the design and 

implementation of these policies and 

procedures. 

II. Core Tenets 

The following Core Tenets frame all 

aspects of the implementation of Sea 

Year at USMMA: 

• Build and maintain a shipboard 

culture of inclusion and respect. 

• Establish zero tolerance policies for 

SASH, harassment, and hostile work 


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1The USMMA revised the Superintendent’s 

Instruction that includes an amnesty provision on 

December 22, 2022. 

environment, zero tolerance for 

retaliation against anyone who reports 

assault or harassment, and 

proportionate responses to policy 

infractions. 

• Eliminate the barriers that 

survivors, witnesses, and bystanders 

face in reporting SASH incidents. 

• Support survivors, witnesses, and 

bystanders who report SASH incidents. 

• Promptly address any report of 

behavior that is inconsistent with 

EMBARC Standards, using every 

available resource. 

• Review all company and vessel 

policies and procedures to ensure such 

policies fully support a work 

environment in which assault, 

harassment, and retaliation against 

those who report assault or 

harassment—are not tolerated. 

• Implement SASH best practices and 

commit to adopting updates when such 

practices are promulgated by MARAD. 

(See Best Practices Guide on Prevention 

of Sexual Harassment & Sexual Assault 

in the U.S. Merchant Marine (SOCP 

BPG); Ship Operations Cooperative 

Program (SOCP), June 2017.) 

• Incorporate SASH prevention, 

response, and reporting procedures into 

the Company and Vessel Safety 

Management Systems. 

III. Actions by DOT, MARAD, and 

USMMA 

To help support a safe and supportive 

learning environment for every cadet 

during Sea Year and on the USMMA 

campus, DOT, MARAD, and USMMA 

will continue to review and revise 

policies and procedures to strengthen 

safety; support a culture of SASH 

prevention and appropriate response to 

any type of SASH-involved behavior, 

bullying, or hostile work environment; 

and support an inclusive culture— 

including by seeking guidance from 

outside experts. As first steps, DOT, 

MARAD, and USMMA will do the 

following: 

• Develop a Superintendent 

Instruction on Sea Year policy that 

includes the following: 

Æ 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. 

Æ Procedures for Handling Restricted 

(confidential) and Unrestricted (not 

confidential) reports of SASH, genderbased harassment, relationship violence, 

and stalking at sea, including: 

D Explicit definitions of these 

behaviors; 

D description of the roles of the 

parties including shipboard training 

personnel and Sexual Assault 

Prevention and Response staff (SAPR), 

such as victim advocates; and 

D support resources for survivors, 

witnesses, and bystanders. 

Æ A new Amnesty Policy for 

survivors, witnesses, and bystanders 

issued earlier this month.1

Æ 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. 

Æ 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. 

Æ A Midshipmen Sea Year 

Mentorship Program to ensure that first 

time sailors (sophomores or 

Midshipmen Third Class) will be 

connected in advance of their first Sea 

Year assignment to a senior 

Midshipman mentor. The senior 

Midshipman mentor will be available to 

provide insight into all aspects of Sea 

Year sailing and to answer questions as 

needed. Mentors will immediately refer 

any SASH concerns to the SAPR office. 

• Update the USMMA Sea Year 

Guide to ensure that it incorporates all 

revised SASH reporting policies and 

procedures outlined in the 

Superintendent Instruction, as well as 

the EMBARC program requirements. 

The Sea Year Guide will be focused on 

supporting USMMA cadets. 

• Provide Midshipmen with a pocket 

guide detailing how to make restricted 

and unrestricted reports of SASH. 

• Strengthen the SAPR Office, 

including creating and staffing a new 

Director position for the Office and 

adding staff positions to expand 

response capabilities and better support 

training and prevention efforts across 

the USMMA community. 

• Continue to Coordinate with the 

U.S. Coast Guard, which is the regulator 

of the maritime industry and provides 

law enforcement at sea, to champion 

broader changes across the industry, 

including by supporting efforts to 

strengthen regulatory requirements 

regarding the reporting of sexual 

harassment and predatory behavior, 

where authorized by law. 

To ensure effective support and 

oversight of USMMA efforts, DOT and 

MARAD will: 

• Develop an EMBARC Compliance 

Review Process: As soon as practicable, 

MARAD will stand up a new office to 

review vessel compliance with 

EMBARC and USMMA policy and 

procedures. Once staffed, this office will 

carry out the inspection responsibilities 

USMMA shipboard training personnel 

previously performed. Until this new 

office is organized and staffed, MARAD 

will assign personnel from its Office of 

Strategic Sealift to conduct vessel 

compliance reviews. 

• Establish Task Force on USMMA 

Governance and Culture: DOT will 

create a Task Force to assess and, as 

needed, recommend changes to 

transform USMMA’s external and 

internal governance and Academy 

culture. 

Sexual Assault and Harassment 

Prevention and Response Standards 

IV. Compliance With EMBARC 

Standards for Sea Year Eligibility 

• Each Vessel Operator agrees to 

comply with the EMBARC Standards, 

which replace the SCCT Sea Year 

Eligibility Requirements (dated March 

16, 2020), by confirming completion of 

the immediate actions (set forth in 

Section III, below) on the EMBARC 

Accession checklist and submitting the 

checklist to MARAD. Vessel operators 

shall submit copies of their SASH 

policies together with the accession 

checklist and statement of compliance 

document. 

• Each Vessel Operator agrees to 

conduct self-assessments of its 

compliance with the EMBARC 

Standards annually thereafter and to 

submit confirmation of such selfassessments and any resultant changes 

from the annual self-assessments to 

MARAD. Vessel Operators shall submit 

copies of their SASH policies together 

with assessment results. 

• Each Vessel Operator agrees to 

permit MARAD—including third parties 

engaged by MARAD—to conduct 

recurring assessments of its compliance 

with the EMBARC Standards. 

V. Immediate Actions by Each Vessel 

Operator 

Before accepting cadets on board, 

each operator shall take the following 

actions: 


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• Safety Management System. 

Æ Affirm that SASH reporting policies 

and procedures that ensure compliance 

with the Standards of the EMBARC 

program will be operational upon 

enrollment and will be documented 

within the Safety Management System 

(SMS) within 90 days of enrollment. 

• Designated SASH Contact. 

Æ Designate a person ashore who will 

be the primary contact for all SASH 

issues (SASH Contact). The SASH 

Contact must have completed the free 

40-hour Victim Assistance Training 

Online provided by the Office for 

Victims of Crime Training & Technical 

Assistance Center, and received the 

Certificate of Completion, or have 

completed an equivalent training 

program. 

• Meetings Between the SASH 

Contact and Cadet. 

Æ Confirm that cadets will have (1) a 

virtual or in-person meeting with the 

SASH Contact before joining a ship; or 

(2) if there is inadequate time between 

a cadet’s assignment to a vessel and the 

cadet’s embarkation, the SASH Contact 

shall have contact with the cadet within 

48 hours of the cadet’s embarkation. 

• Communication Measures. 

Æ Implement measures to— 

D 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; 

D Confirm that the SASH Contact 

shall respond to cadet outreach no later 

than the next business day; 

D 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; 

D Require the SASH Contact to 

encourage and honor requests from 

cadets for increased frequency of checkins; and 

D Ensure the SASH Contact makes a 

record of any possible violations and 

ensures prompt and thorough 

investigation and corrective action, 

where appropriate, and/or referral to 

proper authorities. 

• Safety practices. 

Æ Reinforce Vessel Operator safety 

practices (including SASH prevention, 

bystander intervention, reporting 

procedures, and alcohol prohibitions) 

frequently with every cadet and crew 

member through onboard or virtual 

meetings in accordance with company 

procedures to strengthen a culture of 

prevention and build industry-wide 

understanding and accountability. 

• Crew-Cadet Interaction. 

Æ Adopt policies that prohibit cadets 

from entering the stateroom of any other 

crew member; prohibit ship’s crew 

members from entering cadets’ private 

staterooms for any reason other than 

official maintenance or housekeeping 

duties during appropriate working 

hours and with adequate notice; and 

provide functional door locks for all 

cadet staterooms. Vessel Operator SASH 

policies shall include a list of all master 

key holders with access to cadet 

staterooms identified by position. Vessel 

Operator policies shall also establish 

and maintain open-door office or 

workspace interaction between cadets 

and other ship’s employees, except 

when impractical due to vessel 

compartment configuration or safety 

procedures. 

• Vessel Operator training 

requirements. 

Æ 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. 

Æ 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. 

Æ 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. 

Æ Provide copies of vessel operator’s 

SASH prevention policies and reporting 

procedures to each cadet upon boarding 

the vessel. 

Æ 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. 

Æ 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. 

Æ Distribute the quick reference guide 

brochures in the SOCP SASH Tool Kit 

or other comparable materials to all 

crew, officers, cadets, and all shorebased 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. 

Æ Vessel operators agree to reinforce 

training, by specifically: 

D 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. 

D Requiring Vessel Masters to ensure 

that cadets are familiarized with the 

ship during onboarding in accordance 

with the Safety Management System. 

D 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-GuardInvestigative-Service/. 

• Reporting. 

Æ 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. 


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Æ 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-GuardInvestigative-Service/. 

Æ Vessel Operator company 

leadership should inform the Coast 

Guard of adverse or disciplinary actions 

that result in termination or a 

probationary status of any crewmember 

for harassment or SASH. Reports of 

mariner misconduct should be made to 

nearest Coast Guard Officer In Charge, 

Marine Inspection which can be found 

at the following website: https://

www.uscg.mil/contact/. 

• Best Practices. 

Each Vessel Operator shall review 

company policies within the Safety 

Management System to determine if 

they are at least as comprehensive as 

those listed in the current version of the 

SOCP Best Practices Guide and revise as 

necessary, including but not limited to 

the following policies: 

Æ Employee Best Practices: 

D Best Practice #1: Reporting of Sexual 

Harassment & Sexual Assault 

D Best Practice #2: Basic Do’s and 

Don’ts 

D Best Practice #3: Safety on Shore 

Leave 

D Best Practice #4: Response to Sexual 

Harassment & Sexual Assault 

D Drugs & Alcohol 

D Company Investigation Process 

D Victim Advocacy 

D ‘‘Did You Know?’’ 

Æ Vessel Operator Company Best 

Practices: 

D Best Practice #1: Defining Sexual 

Harassment & Sexual Assault 

D Best Practice #2: Nurturing a Culture 

Free of Sexual Harassment & Sexual 

Assault 

D Best Practice #3: Development of 

Prevention Policies 

D Best Practice #4: Effective Training on 

Sexual Harassment & Sexual Assault 

Prevention and Response 

D Best Practice #5: Establishing 

Reporting Options 

D Best Practice #6: Response to Sexual 

Harassment & Sexual Assault 

Vessel operators shall comply with 

the reporting procedures listed herein 

instead of any obsolete reporting 

procedures in the SOCP Best Practices 

Guide. 

• Compliance Review. 

Æ Vessel Operators shall meet with 

DOT, MARAD, USMMA and other 

invited government and industry 

participants quarterly, or as called by 

DOT/MARAD/USMMA, to assess 

compliance with SASH policies and 

implement any necessary adjustments 

and/or corrections. 

VI. Intermediate Actions To Be Taken 

by Vessel Operators, To Be Completed 

Within the Times Noted Below After 

Adoption of These EMBARC Standards 

• Within one year, implement vessel 

master key control systems, manual or 

electronic. 

• Within one year, develop and 

implement recommended SASH Contact 

training and annual refresher training 

for designated SASH contacts to include 

survivor advocacy and instruction in 

training and education principles. Each 

Vessel Operator shall designate and 

train an appropriate number of 

designated SASH Contacts to ensure 

that an adequate number (a minimum of 

one primary and one alternate) are 

always available. 

• Within one year, work with other 

Vessel Operators, labor, academies, 

SOCP and/or other industry 

organizations, SASH subject matter 

experts, MARAD and other stakeholders 

to review and enhance SASH policies 

used by vessel operators. MARAD will 

initiate revisions of the SOCP SASH 

Best Practices Guide. Such revisions 

will include, among other things 

updates to best practices and templates 

to support incorporation of SASH 

prevention, reporting, and response as 

well as internal audit and external audit 

procedures into Company and Vessel 

Safety Management Systems. 

• Within one year, work with other 

Vessel Operators, labor, academies, 

industry organizations, SASH subject 

matter experts, MARAD and other 

stakeholders to develop and implement 

enhanced policies and training 

pertaining to bystander reporting 

requirements and bystander duty to 

intervene in SASH incidents. 

• Within eighteen months, 

collaborate with other Vessel Operators, 

mariner unions, Academies, union 

training schools, SASH subject matter 

experts, MARAD, USCG and other 

stakeholders to develop and implement 

expanded mandatory annual SASH 

training for all crew members including, 

but not limited to: 

Æ SASH (including bystander 

intervention); 

Æ Micro aggression consciousness; 

Æ Cadet relationships; 

Æ Creating and maintaining a 

respectful work environment; and 

Æ Training regimens and methods 

that enable effective crew awareness of 

SASH prevention principles. 

• As soon as practicable, but not later 

than two years, work with other Vessel 

Operators, labor, Academies, industry 

organizations, SASH subject matter 

experts, MARAD, USCG, and other 

stakeholders, to develop, establish and 

participate in, to the extent permissible 

under law, the maintenance and 

operation of a SASH perpetrator 

information exchange. 

Æ The exchange shall contain the 

names of all merchant mariners who are 

the subjects of substantiated reports of 

discriminatory, SASH-related, violent, 

or other violative behavior, or who were 

terminated in related proceedings; the 

incident dates; the bases of 

substantiation; and the disposition of 

each circumstance shall be recorded and 

accessible to all operators of U.S.-flag 

vessels. 

VII. Long-Term Actions To Be Taken by 

Vessel Operators 

These will be developed in 

coordination with the MARAD and 

other Government and maritime 

industry participants and may include: 

• Consideration of a range of possible 

measures to address accountability for 

the SASH climate onboard Vessel 

Operator ships that could include: 

Æ training on records maintenance; 

Æ identified perpetrator tracking and 

record keeping, to the extent 

permissible by law; 

Æ recorded video monitoring of, at a 

minimum, passageways immediately 

adjacent to cadet staterooms; 

Æ enhanced Diversity, Equity, and 

Inclusion (DEI) initiatives and practices 

in the mariner workforce; and 

Æ training and credentialing of 

officers at the Provisional level by the 

National Advocate Credentialing 

Program. 

• Collaboration with the U.S. Coast 

Guard, other Vessel Operators, mariner 

unions, and industry organizations to 

develop the requirements of a merchant 

mariner credential that satisfies training 

requirements for SASH Contacts and 

designated onboard officers or other 

persons ashore to attain and maintain 

respective Basic and Provisional NACP 

training levels. 

VIII. Definitions 

The following definitions and 

examples are derived from the 2017 Best 

Practices Guide on Prevention of Sexual 

Assault and Sexual Harassment in the 

U.S. Merchant Marine (SOCP BPG), 

published by the Ship Operations 


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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 GenderBased Harassment, Relationship 

Violence, Stalking, and Retaliation 

Policy. 

• Sexual Assault is a crime of 

violence defined as intentional touching 

of a sexual nature against the will (by 

use of force, physical threat, coercive 

conduct, or abuse of authority), or 

without the consent of another person, 

or where that person is incapacitated 

(e.g., ‘‘passed out,’’ sleeping, or 

impaired due to the use of alcohol or 

drugs, including prescription 

medications) or otherwise incapable of 

giving consent. The other person can be 

male or female and the perpetrator of 

the sexual assault can be of the same or 

opposite sex. Sexual assault includes, 

but is not limited to, the following: 

Æ Sexual intercourse, including anal, 

oral, or vaginal penetration, however 

slight, with a body part (e.g., penis, 

finger, hand or tongue) or an object; 

Æ 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; 

Æ Sexual contact with someone who 

is unable to say ‘‘no’’ and/or change 

their mind due to the presence of 

coercion or intimidation; or 

Æ Sexual contact with someone who 

is under the age of consent in the 

jurisdiction in which the sexual assault 

occurs. 

• Sexual Harassment and GenderBased 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: 

Æ 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); 

Æ Submission to or rejection of such 

conduct by an individual is used as a 

basis for decisions affecting the 

individual (quid pro quo); or 

Æ 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). 

Æ Examples of Sexual Harassment 

include, but are not limited to, the 

following behaviors: 

D 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; 

D Visual conduct such as derogatory 

or sexually oriented posters, 

photography, cartoons, drawings, or 

gestures, or exposing oneself; 

D 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; 

D Threats and demands to submit to 

sexual requests as a condition of 

continued employment or to avoid 

discipline; and 

D Rewards and offers of employment 

benefits in return for sexual favors. 

• Gender-Based Harassment includes 

harassment based on gender, sexual 

orientation, gender identity, or gender 

expression, which may include acts of 

aggression, intimidation, or hostility, 

whether verbal or non-verbal, graphic, 

physical, or otherwise, even if the acts 

do not involve conduct of a sexual 

nature. Examples of sexual or genderbased harassment include, but are not 

1imited to, the following: 

Æ Unwanted flirtation, advances or 

propositions of a sexual nature; 

Æ Verbal conduct, including lewd or 

sexually suggestive comments, jokes, or 

innuendos, or unwelcome comments 

about an individual’s sexual orientation 

or gender identity; 

Æ Written conduct, including letters, 

notes, or electronic communications 

containing comments, words, jokes, or 

images that are lewd or sexually 

suggestive, or relate in an unwelcome 

manner to an individual’s sexual 

orientation or gender identity. 

• Relationship Violence refers to 

controlling, abusive behavior, including 

any act of violence or threatened act of 

violence, against a person who is, or has 

been involved, in a sexual, dating, 

domestic, cohabiting or married 

relationship with that person. 

Relationship violence can take place in 

heterosexual or same-sex relationships, 

and sometimes also involves violence 

against the children in the family. 

Relationship violence can take a number 

of forms including physical, verbal, 

emotional, economic, and sexual abuse, 

or any combination thereof. 

Æ 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. 

Æ Dating violence: The term ‘‘dating 

violence’’ means violence committed by 

a person (a) who is or has been in a 

social relationship of a romantic or 

intimate nature with the victim; and (b) 

where the existence of such a 

relationship shall be determined based 

on a consideration of the following 

factors: (1) The length of the 

relationship; (2) the type of relationship; 

and (3) the frequency of interaction 

between the persons involved in the 

relationship. 

• Stalking is a course of conduct 

directed at a specific person that would 

cause a reasonable person to fear for his 

or her safety or the safety of others or 

suffer substantial emotional distress. 

Such conduct includes, but is not 

limited to, unwelcome acts in which the 

stalker directly, indirectly, or through 

third parties, by any action, method, 

device, or means, follows, monitors, 

observes, surveils, threatens, or 

communicates to or about a person or 

interferes with a person’s property. It 

includes cyber-stalking, in which 

electronic media, such as the internet, 

social networks, blogs, cell phones, 

texts, or other similar devices or forms 

of contact are used. Stalking can occur 

in a dating relationship, friendship, or 

past relationship, or can be perpetrated 

by a stranger. 

• Harassment is the act of systematic 

and/or continued unwanted and 

annoying actions of one party or a 

group, including threats and demands. 

The purpose may vary, including racial 

prejudice, personal malice, and attempt 

to force someone to quit a job or grant 

sexual favors, or merely gain sadistic 

pleasure from making someone fearful 

or anxious. 


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• Bullying is the use of force, threat, 

or coercion to abuse, intimidate or 

aggressively dominate others. The 

behavior is often repeated and habitual. 

One essential prerequisite is the 

perception, by the bully or by others, of 

an imbalance of social or physical 

power, which distinguishes bullying 

from conflict. 

• Consent means clear words or overt 

acts by a competent person indicating 

freely given agreement to engage in 

mutually agreed upon sexual conduct. 

An expression of refusal through words 

or conduct means there is no consent. 

Consent may not be inferred from 

silence, passivity, or lack of resistance 

alone. Consent to one form of sexual 

activity does not imply consent to other 

forms of sexual activity, and the 

existence of a current or previous dating 

or sexual relationship is not sufficient to 

constitute consent to additional sexual 

activity. Consent may be initially given 

but can be withdrawn at any time. 

Æ Consent cannot be given when a 

person is incapacitated, which occurs 

when an individual lacks the ability to 

knowingly choose to participate in 

sexual activity. Incapacitation may be 

caused by the lack of consciousness, 

being asleep, being involuntarily 

restrained, or being coerced or 

intimidated. Depending on the degree of 

intoxication, an individual who is under 

the influence of alcohol, drugs, or other 

intoxicants, may be incapacitated and, 

therefore, unable to consent. 

• Sexual Exploitation occurs when a 

person takes non-consensual or abusive 

sexual advantage of another person for 

their own advantage or benefit or for the 

advantage or benefit of anyone else. 

Examples of sexual exploitation include 

but are not limited to the following: 

Æ 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); 

Æ 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; 

Æ Exposing one’s genitals to another 

person without affirmative consent; or 

Æ Knowingly exposing another 

individual to a sexually transmitted 

infection or virus without the other 

individual’s knowledge. 

• Retaliation (sometimes referred to 

as reprisal) means taking or threatening 

to take any adverse action taken against 

an individual for making a good faith 

report of conduct prohibited under the 

organization’s Policy, or for 

participating in any investigation or 

proceeding resulting from such a report. 

Retaliation includes threatening, 

intimidating, harassing, or any other 

conduct that would discourage a 

reasonable person from making a report, 

or from participating in proceedings 

related to such a report. Examples of 

retaliation include, but are not limited, 

to the following: 

Æ 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; 

Æ Precluding a person from filing a 

report of prohibited conduct; 

Æ Pressuring someone to drop or not 

support a complaint, or to provide 

incomplete, false, or misleading 

information; or 

Æ 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 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0068] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Request for Comment; 

Petitions for Hearings on Notification 

and Remedy of Defects 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on a request for extension of 

a currently approved information 

collection. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), this notice announces that the 

Information Collection Request (ICR) 

summarized below will be submitted to 

the Office of Management and Budget 

(OMB) for review and approval. The ICR 

describes the nature of the information 

collection and its expected burden. This 

ICR is for a request for extension of 

NHTSA’s currently approved 

information collection for petitions for 

hearings on notification and remedy of 

defects. A Federal Register Notice with 

a 60-day comment period soliciting 

comments on the ICR was published on 

January 18, 2022. No comments were 

received. 

DATES: Comments must be submitted on 

or before April 29, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection, including 

suggestions for reducing burden, should 

be submitted to the Office of 

Management and Budget at 

www.reginfo.gov/public/do/PRAMain. 

To find this particular information 

collection, select ‘‘Currently under 

Review—Open for Public Comment’’ or 

use the search function. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact 

Nicholas LaBruna, Recall Management 

Division (NEF–107), Room W46–438, 

NHTSA, 1200 New Jersey Ave. SE, 

Washington, DC 20590. Telephone: 

(202) 366–1781. Please identify the 

relevant collection of information by 

referring to its OMB Control Number 

(2127–0039). 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501 et seq.), a Federal 

agency must receive approval from the 

Office of Management and Budget 

(OMB) before it collects certain 

information from the public and a 

person is not required to respond to a 

collection of information by a Federal 

agency unless the collection displays a 

valid OMB control number. In 

compliance with these requirements, 

this notice announces that the following 

information collection request will be 

submitted OMB. 

Title: Petitions for Hearings on 

Notification and Remedy of Defects. 

OMB Control Number: 2127–0039. 

Form Numbers(s): N/A. 

Type of Request: Extension of a 

currently approved information 

collection. 

Type of Review Requested: Regular. 

Requested Expiration Date of 

Approval: 3 Years from the date of 

approval. 

Summary of the Collection of 

Information: NHTSA reviews filed 

complaints from vehicle owners and 

other information related to alleged 

defects or noncompliances to decide 

whether to open an investigation. 

Should a manufacturer determine or 

NHTSA decide, through testing, 

inspection, investigation or research, 

that a motor vehicle or motor vehicle 

equipment contains a defect related to 

motor vehicle safety or does not comply 

with an applicable Federal motor 

vehicle safety standard (FMVSS), 


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