[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18871-18872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8373]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2010-0119]
Notification of the Imposition of Conditions of Entry for Certain
Vessel Arriving to the United States From the Democratic Republic of
Sao Tome and Principe
AGENCY: Coast Guard, DHS.
ACTION: Notice.
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[[Page 18872]]
SUMMARY: The Coast Guard announces that it will impose conditions of
entry on vessels arriving from the country of the Democratic Republic
of Sao Tome and Principe.
DATES: The policy announced in this notice will become effective April
27, 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 the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826 or (toll free) 1-800-647-5527.
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 may deny entry into the United States to any
vessel that does not meet such conditions. It also requires public
notice 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.
Based on an assessment conducted pursuant to the provisions of 46
U.S.C. 70108 and the International Ship and Port Facility (ISPS) Code,
the Coast Guard has determined that ports in the Democratic Republic of
Sao Tome and Principe are not maintaining effective anti-terrorism
measures. Inclusive to this determination is an assessment that the
Democratic Republic of Sao Tome and Principe 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 Sao Tome and
Principe of this determination in July of 2009, and identified steps
necessary to improve the antiterrorism measures in use at ports in the
Democratic Republic of Sao Tome and Principe, as required by 46 U.S.C.
70109. The United States conducted a visit in February 2010
reconfirming that the identified deficiencies have not been corrected.
Accordingly, effective April 27, 2010, the Coast Guard will impose
the following conditions of entry on vessels that visited ports in the
Democratic Republic of Sao Tome and Principe 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 Sao
Tome and Principe. 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 Sao Tome and Principe.
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, or 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 Sao Tome and Principe;
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, private 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 anti-terrorism measures at ports in the Democratic Republic
of Sao Tome and Principe.
This notice is issued under authority of 46 U.S.C. 70110(a)(3).
Dated: March 25, 2010.
Sally Brice-O'Hara,
Rear Admiral, USCG, Deputy Commandant for Operations.
[FR Doc. 2010-8373 Filed 4-12-10; 8:45 am]
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