(a)
The Coast Guard approves courses satisfying regulatory requirements and those that substitute for a Coast Guard examination or a portion of a sea service requirement. The owner or operator of a training school desiring to have a course approved by the Coast Guard shall submit a written request to the Commanding Officer, National Maritime Center, NMC-42, 100 Forbes Drive, Martinsburg WV 25404, that contains:
(1)
A list of the curriculum including a description of and the number of classroom hours required in each subject;
(2)
A description of the facility and equipment;
(3)
A list of instructors including the experience, background, and the qualifications of each; and
(4)
Specify the Coast Guard training requirements the course is intended to satisfy.
(b)
The Coast Guard notifies each applicant in writing whether or not an approval is granted. If a request for approval is denied, the Coast Guard informs the applicant the reasons for the denial and describes what corrections are required for an approval.
(c)
Unless sooner surrendered, suspended or withdrawn, an approval for a course at a training school that meets Coast Guard standards expires 24 months after the month in which it is issued, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in the ownership of the school for which it was issued, whichever occurs first.
(d)
If the owner or operator of a training school desires to have a course approval renewed, they shall submit a written request to the address listed in paragraph (a) of this section. For the request to be approved, the Coast Guard must be satisfied that the content and quality of instruction remain satisfactory. Unless sooner surrendered, suspended or withdrawn, a renewal of the approval expires 60 months after the month it is issued, when the school closes, when the school gives notice that it will no longer offer the course, or on the date of any change in ownership of the school for which it is issued, whichever occurs first.
(e) Suspension of approval.
If the Coast Guard determines that a specific course does not comply with the provisions of 46 CFR parts 10, 11, 12, 13 or 15, or the requirements specified in the course approval; or substantially deviates from the course curriculum package as submitted for approval; or if the course is being presented in a manner that is insufficient to achieve learning objectives; the cognizant OCMI may suspend the approval, may require the holder to surrender the certificate of approval, if any, and may direct the holder to cease claiming the course is Coast Guard approved. The Cognizant OCMI will notify the approval holder in writing of its intention to suspend the approval and the reasons for suspension. If the approval holder fails to correct the reasons for suspension, the course will be suspended and the matter referred to the Commanding Officer, National Maritime Center. The Commanding Officer, National Maritime Center, will notify the approval holder that the specific course fails to meet applicable requirements, and explain how those deficiencies can be corrected. The Commanding Officer, National Maritime Center, may grant the approval holder up to 60 days in which to correct the deficiencies.
(f) Withdrawal of approval.
(1)
The Commanding Officer, National Maritime Center, may withdraw approval for any course when the approval holder fails to correct the deficiency(ies) of a suspended course within a time period allowed under paragraph (e) of this section.
(2)
The Commanding Officer, National Maritime Center, may withdraw approval of any or all courses by an approval holder upon a determination that the approval holder has demonstrated a pattern or history of:
(i)
Failing to comply with the applicable regulations or the requirements of course approvals;
(ii)
Substantial deviations from their approved course curricula; or
(iii)
Presenting courses in a manner that is insufficient to achieve learning objectives.
(g) Appeals of suspension or withdrawal of approval.
Anyone directly affected by a decision to suspend or withdraw an approval may appeal the decision to the Commandant via the Commanding Officer, National Maritime Center, as provided in § 1.03-40 of this chapter.
[CGD 81-059, 52 FR 38623, Oct. 16, 1987, as amended by CGD 95-072, 60 FR 50460, Sept. 29, 1995; USCG-1998-4442, 63 FR 52189, Sept. 30, 1998; USCG-1998-3824, 64 FR 4984, Feb. 2, 1999; USCG-2004-18884, 69 FR 58342, Sept. 30, 2004; USCG-2008-0906, 73 FR 56508, Sept. 29, 2008; USCG-2006-24371, 74 FR 11239, Mar. 16, 2009; USCG-2010-0759, 75 FR 60002, Sept. 29, 2010]