[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Notices]
[Pages 12250-12251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5520]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2009-0983]
Notification of the Imposition of Conditions of Entry for Certain
Vessels Arriving to the United States From the Democratic Republic of
Timor-Leste
AGENCY: Coast Guard, DHS.
ACTION: Notice.
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SUMMARY: The Coast Guard announces that it will impose conditions of
entry on vessels arriving to the United States from the Democratic
Republic of Timor-Leste.
DATES: The requirements announced in this notice will become effective
March 29, 2010.
ADDRESSES: This notice will be available for inspection and copying at
the Docket Management Facility at the U.S. Department of
Transportation, Room W12-140 on the Ground Floor of the West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call Mr. Michael Brown, International Port Security Evaluation
Division, Coast Guard, telephone 202-372-1081. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Section 70110 of title 46, United States Code, enacted as part of
section 102(a) of the Maritime Transportation Security Act of 2002
(Pub. L. 107-295, Nov. 25, 2002) authorizes the Secretary of Homeland
Security to prescribe conditions of entry into the United States on
vessels arriving from ports that are not maintaining effective anti-
terrorism measures and to deny entry into the United States to any
vessel that does not meet such conditions. It also requires public
notice for passengers of the ineffective anti-terrorism measures. The
Secretary has delegated to the Coast Guard authority to carry out the
provisions of this section. Previous notices have imposed or removed
conditions of entry on vessels arriving from certain countries and
those conditions of entry and the countries they pertain to remain in
effect unless modified by this notice.
[[Page 12251]]
Based on an assessment conducted pursuant to the provisions of 46
U.S.C. 70108 and the International Ship and Port Facility Security
(ISPS) Code, the Coast Guard has determined that ports in the
Democratic Republic of Timor-Leste are not maintaining effective anti-
terrorism measures. Inclusive to this determination is an assessment
that the Democratic Republic of Timor-Leste presents significant risk
of introducing instruments of terror into international maritime
commerce. The Coast Guard notified the Department of State of this
determination pursuant to 46 U.S.C. 70110(c).
The United States notified the Democratic Republic of Timor-Leste
of this determination on June 29, 2009, and identified steps necessary
to improve the antiterrorism measures in use at ports in the Democratic
Republic of Timor-Leste, as required by 46 U.S.C. 70109. To date, the
United States cannot confirm that the identified deficiencies have been
corrected.
Accordingly, effective March 29, 2010, the Coast Guard will impose
the following conditions of entry into the United States on vessels
that visited ports in the Democratic Republic of Timor-Leste during
their last five port calls. Vessels must:
Implement measures per the ship's security plan equivalent
to ``Security Level 2'' while in a port in the Democratic Republic of
Timor-Leste.
As defined in the ISPS Code and incorporated herein,
``Security Level 2'' refers to the ``level for which appropriate
additional protective security measures shall be maintained for a
period of time as a result of heightened risk of a security incident.''
Ensure that each access point to the ship is guarded and
that the guards have total visibility of the exterior (both landside
and waterside) of the vessel while the vessel is in ports in the
Democratic Republic of Timor-Leste.
Guards may be provided by the ship's crew, however
additional crewmembers should be placed on the ship if necessary to
ensure that limits on maximum hours of work are not exceeded and/or
minimum hours of rest are met. Guards may also be provided by outside
security forces approved by the ship's master and ``Company Security
Officer.'' As defined in the ISPS Code and incorporated herein,
``Company Security Officer'' refers to the ``person designated by the
Company for ensuring that a ship security assessment is carried out;
that a ship security plan is developed, submitted for approval, and
thereafter implemented and maintained and for liaison with port
facility security officers and the ship security officer.''
Attempt to execute a Declaration of Security while in port
in the Democratic Republic of Timor-Leste;
Log all security actions in the ship's log; and
Report actions taken to the cognizant Coast Guard Captain
of the Port prior to arrival into U.S. waters.
In addition, based on the findings of a Coast Guard boarding or
examination, vessels may be required to ensure that each access point
to the ship is guarded by armed security guards and that they have
total visibility of the exterior (both landside and waterside) of the
vessel while in U.S. ports. The number and position of the guards has
to be acceptable to the cognizant Coast Guard Captain of the Port prior
to the vessel's arrival.
Consistent with 46 U.S.C. 70110, the United States may deny entry
into the United States to any vessel that does not meet the conditions
set forth herein. This notice also informs passengers of the
ineffective antiterrorism measures at ports in the Democratic Republic
of Timor-Leste.
This notice is issued under authority of 46 U.S.C. 70110(a).
Dated: January 29, 2010.
Rear Admiral Sally Brice-O'Hara,
USCG, Deputy Commandant for Operations.
[FR Doc. 2010-5520 Filed 3-12-10; 8:45 am]
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