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www.marinelink.com 15to not undergo port state control in- spections for compliance with MLC 2006. Such vessels would not be re-quired to prepare and maintain a dec-laration of compliance and would not be issued SOVC-MLCs. For those US-flag vessels not ex-empted from the requirements of MLC 2006, certain documentation will be required to demonstrate com-pliance. The SOVC-MLC has been discussed above. Standard A5.1.3.4 of MLC 2006 also requires covered ships to carry and maintain a Decla-ration of Maritime Labor Compliance (DMLC) stating the national require-ments implementing the Convention for the working and living condi-tions of seafarers and the measures adopted by the shipowner to ensure compliance with the requirements for the ship concerned. Federal law and regulation currently addresses most, but not all, of provisions of MLC 2006 relating to working and living conditions on ships. For those few MLC 2006 provisions not addressed by federal rules (specifically Regula-tion 4.3 on health and safety and acci-dent prevention and Regulation 5.1.5 regarding on-board complaint proce-dure), the US Coast Guard policy is to recognize the applicable standards as published in MLC 2006. The RCS will issue, on behalf of the US Coast Guard, Part I of a Statement of Voluntary Compliance ? Declara- tion of Maritime Labour Compliance (SOVC-DMLC Part I) for qualifying vessels. This document references current US laws and regulations for the relevant mandatory areas of com-pliance in MLC 2006. That is the easy task.The more difficult task is with re- gard to SOVC-DMLC Part II. In accordance with Standard A5.1.3.4., Part II must indicate the measures ad-opted by the ship owner or operator to ensure compliance with the laws and regulations addressed in Part I. The measures adopted will likely be different for each owner or operator, but must be clearly explained for each portion of Part II. Once prepared by the owner or operator, the RCS will review the measures and, following a successful examination of the ship, will endorse Part II of the SOVC-DMLC. Once the various SOVCs have been issued or endorsed, they must be posted on the ship in a conspicu-ous place accessible by the seafarers. The certificates are valid for a period not exceeding five years or until there has been a material change in circum-stances.The US Coast Guard issued a draft Navigation and Vessel Inspection Circular (NVIC) providing guidance on implementation of MLC 2006 by US-flag vessels. It also provides sam-ples of the various MLC certificates. Completion of the work necessary to meet these new requirements may not be easy for some vessel owners and operators as not all management pro-cedures are fully documented at some companies. In addition, the owners and operators must schedule exami-nations by their RCS in order to ob-tain the required certificates. Thus, it behooves all concerned to start now in order to meet the pending deadline. MR #3 (10-17).indd 15MR #3 (10-17).indd 152/26/2013 3:40:48 PM2/26/2013 3:40:48 PM
