Supporting Statement

for

Various International Agreement Certificates and Documents

OMB No.: 1625-0118

COLLECTION INSTRUMENTS: CG-16450, CG-16450A, 

CG-16450B & CG-16450C

A.  Justification.  

1.  Circumstances that make the collection of information necessary.  

The 94th (Maritime) session of the International Labour Conference (ILC)
adopted the Maritime Labour Convention, 2006 (MLC), an important
international agreement that consolidates almost all of the 70 existing
International Labour Organization (ILO) maritime labour instruments in a
single modern globally applicable legal instrument.  The MLC establishes
comprehensive minimum requirements for working conditions of seafarers
including, among other things, conditions of employment, hours of work
and rest, accommodation, recreational facilities, food and catering,
health protection, medical care, welfare and social security protection.
 It combines rights and principles with specific standards and detailed
guidance as to how to implement these standards at the national level.

The MLC entered into force on August 20, 2013.  It requires all ships
500 Gross Tons or more that engage on international voyages be issued a
valid Maritime Labour Convention certificate issued by its flag
administration.  To date, the U.S. has not ratified the MLC.  Until such
time that the U.S. ratifies the MLC, the Coast Guard cannot mandate
enforcement of its requirements on U.S. vessels or upon foreign vessels
while in the Navigable Waters of the United States.  However, Article V,
paragraph 7 of the Convention contains a “no more favorable treatment
clause” which requires ratifying governments to impose Convention
requirements on vessels from a non-ratifying government when calling on
their ports irrespective of their status of ratification.  As a result,
U.S. vessels not in compliance with the MLC may be at risk for Port
State Control actions including detention when operating in a port of a
ratifying nation.  Fishing vessels, vessels of novel design, warships,
and naval auxiliary vessels are exempt from the MLC.

The Coast Guard has established a voluntary inspection program for
vessels who wish document compliance with the requirements of the MLC. 
All U.S. commercial vessels that operate on international routes are
eligible to participate.  The Coast Guard will issue voluntary
compliance certificates to those vessels meeting the requirements of the
MLC.  The Coast Guard also allows Recognized Classification Societies
listed under 46 CFR Part 8 to issue voluntary compliance certificates. 
Guidance is provided in Navigation and Vessel Inspection Circular (NVIC)
No. 02-13.  

The format of the voluntary compliance certificate (Statement of
Voluntary Compliance) is in keeping with the format provided in the MLC.
 It consists of the MLC certificate and is supplemented with a
Declaration of Maritime Labour Compliance (DMLC).  

The DMLC is a unique two part form, Part I is prepared by the Coast
Guard and references current U.S. laws/regulations to the relevant
mandatory areas of compliance in the convention.  Part II is prepared by
the vessel’s owner.  It documents the measures they have put in place
to ensure continuous improvement and ongoing compliance and involves
collections of information required to issue the voluntary compliance
certificate in the format of the MLC.  Once prepared, the Coast Guard
reviews the measures drawn up by the vessel’s owner and following a
successful voluntary inspection, endorses Part II of the DMLC for
inclusion with the full voluntary compliance certificate.  

With the issuance of a voluntary compliance certificate, a vessel has
proof they have voluntarily met the requirements of the MLC and
undergone a verification inspection by the U.S. Coast Guard.  By doing
so, they should avoid unnecessary delays or monetary penalties imposed
by officials in the ports of MLC ratifying nations.

This information collection supports the following strategic goals:

Department of Homeland Security

Prevention

Protection

Coast Guard

Marine Safety

Marine Environmental Protection

Prevention Policy & Response Policy Directorates (CG-5P & CG-5R)

Safety:  Eliminate deaths, injuries, and property damage associated with
commercial maritime operations.

Human and Natural Environment: Eliminate environmental damage associated
with maritime transportation and operations on and around the nation’s
waterways.  

2.  Purpose of the information collection.  

The MLC requires ship-owners identify the measures they have put in
place to ensure ongoing compliance with the MLC.  This information is to
be documented on Part II of the DMLC. 

The primary need for information is to provide Coast Guard Officer in
Charge, Marine Inspection (OCMI) the necessary information required to
issue a voluntary compliance certificate in the format prescribed by the
MLC.  The information is also used to show MLC ratifying nation how the
vessel is maintaining compliance with the requirements of the MLC. 

3.  Consideration of the use of improved technology.  

The DMLC Part II may be submitted to the appropriate OCMI by mail, fax
or electronically submitted via e-mail.  A comprehensive list of contact
info for CG units can be found at:   HYPERLINK
"http://www.uscg.mil/top/units/"  http://www.uscg.mil/top/units/ .  We
estimate that 90% of the reporting are done electronically.  

4.  Efforts to identify duplication.  

The Coast Guard monitors State, local, and international regulatory
activity in this field.  To date, no other equivalent State, local, or
international programs have been identified that require similar
information.

5.  Methods to minimize the burden to small entities if involved.

Because of the nature of the information collection requirements, the
level of effort to prepare a DMLC Part II is estimated to vary directly
with the size and complexity of the entity.  As a result, this
information collection does not have an impact on small businesses or
small entities. 

6.  Consequences to the Federal program if collection were conducted
less frequently.  

Vessel not in compliance with the MLC may be at risk for additional Port
State Control inspection actions including detention when operating in a
port of a MLC ratifying nation.  When a U.S. vessel is detained by a
foreign government, additional targeting for inspection takes place for
all U.S. vessels operating internationally.  This results in additional
delays in port and incurs added operating cost to the U.S. ship-owner.

7.  Special collection circumstances.  

This information collection is conducted in manner consistent with the
guidelines in 5 CFR 1320.5(d)(2).  

8.  Consultation.  

A 60-day Notice will be published in the Federal Register to obtain
public comment on this collection.  

9.  Provide any payment or gift to respondents.  

There is no offer of monetary or material value for this information
collection.  

10.  Describe any assurance of confidentiality provided to respondents. 


There are no assurances of confidentiality provided to the respondents
for this information collection.  

11.  Additional justification for any questions of a sensitive nature.  

There are no questions of sensitive language.  

12.  Estimate of annual hour and cost burdens to respondents.  

The annual number of respondents is 248.  

The annual number of responses is 248.  

The estimated annual hour burden is 625.  

The estimated annual cost burden is $45,611.  

The burden to respondents is provided in Appendix A.  This collection of
information is comprised of a reporting element and a recordkeeping
element.  The reporting burden relates to the preparation (i.e.,
planning, developing and writing) of DMLC Part II.  The recordkeeping
burden relates to the posting/filing of the CG-issued to Statement of
Voluntary Compliance.  When issued, an MLC document is valid for a
5 year period.  We estimate that about 5% of the U.S. vessels that want
an MLC document are new each year.  For new vessels, we estimate that it
takes 4 hours to complete a DCML Part II and .1 hours (i.e.,
6 minutes) to post/file the document for 4.1 hours total.  For existing
vessels that renew a DCML Part II, we estimate that it takes 2 hours to
complete a DCML Part II and .1 hours to post/file the document for 2.1
hours total.  We expect that a crewmember would be responsible to
prepare/post/file this document.  The position of crewmember is
analogous to a GS-12.  The wage rate used is in accordance with the
current edition of COMDTINST 7310.1(series) for “Out-Government”
personnel.  

13.  Total of annualized capital and start-up costs.  

There are no capital, start-up or maintenance costs associated with this
collection.

14.  Estimates of annualized Federal Government costs.  

The estimated annual Federal Government cost is $20,088 (see Appendix
B).  We estimate that it will take 1 hour by a Lieutenant (O-3) to
review and process each submission.  The wage rate shown is in
accordance with the current edition of COMDTINST 7310.1(series) for
“In-Government” personnel.  

15.  Explain the reasons for change in burden.  

The change in burden is an ADJUSTMENT due to a change (i.e., decrease)
in the estimated annual number of responses.  There is no proposed
change to the reporting or recordkeeping requirements of this
collection.  The reporting and recordkeeping requirements, and the
methodology for calculating burden, remain unchanged.   

16.  Plans for tabulation, statistical analysis and publication.  

This information collection will not be published for statistical
purposes.  

17.  Approval to not display expiration date.

The certificate/documents associated with this collection are prescribed
by an international treaty.  These certificates/documents all have
specific five year expiration dates related to requirements set out in
MLC.  The addition of a second expiration date to these
certificates/documents—that for OMB approval—may cause several
problems.  First, it may cause U.S.-flag vessel owner/operators to
interact with the Coast Guard more frequently than required to reconcile
the existence of 2 expirations dates on their ships’
certificates/documents.  Second, it may cause confusion with foreign
Port Sate Control boarding officers, resulting in U.S.-flag ships being
delayed or detained in foreign ports due to 2 differing expiration
dates.  It is for these reasons that expiration dates for OMB approval
are not displayed on the certificates/documents associated with this
collection.  However, the OMB expiration date will be displayed on the
Instruction sheet related to the information collection request.   

18.  Exception to the certification statement.  

The Coast Guard does not request an exception to the certification of
this information collection.

B.  Collection of Information Employing Statistical Methods  

This information collection does not employ statistical methods.  

  For ships of less than 500 gross tons, the Coast Guard is providing a
template for ship owner/operators to use to demonstrate MLC
compliance—but will not issue voluntary compliance certificates. 
Thus, we expect no interaction with this category of vessels.  

  The authority for the issuance of the MLC/DMLC is 33 U.S.C.
1221(c)(3).  

1625-0118

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