[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Page 45230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21020]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0508]


Notification of the Imposition of Conditions of Entry for Certain 
Vessels Arriving to the United States, Republic of the Congo

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 Republic of the 
Congo, with the exception of vessels arriving from the Djeno Oil 
Terminal, a single buoy mooring off-shore.

DATES: The requirements announced in this notice will become effective 
September 15, 2009.

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 the Maritime Transportation Security Act of 2002 
(Pub. L. 107-295, Nov. 25, 2002) (46 U.S.C. 70110) provides that the 
Secretary of Homeland Security may impose conditions of entry on 
vessels requesting entry into the United States arriving from ports 
that are not maintaining effective anti-terrorism measures, may deny 
entry into the United States to any vessel that does not meet such 
conditions set forth herein, and shall provide public notice for 
passengers of the ineffective antiterrorism measures. The Coast Guard 
has been delegated the authority by the Secretary 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 Security 
(ISPS) Code, the Coast Guard has determined that ports in the Republic 
of the Congo are not maintaining effective anti-terrorism measures. 
Inclusive to this determination is an assessment that the Republic of 
the Congo presents significant risk of introducing instruments of 
terror into international maritime commerce.
    Consistent with 46 U.S.C. 70109, the United States notified the 
Republic of the Congo of this determination on December 24, 2008, and 
identified steps necessary to improve the antiterrorism measures in the 
Republic of the Congo. To date, the United States cannot confirm that 
the identified deficiencies have been corrected.
    Accordingly, effective September 15, 2009, the Coast Guard will 
impose the following conditions of entry on vessels that visited ports 
in the Republic of the Congo, with the exception of vessels arriving 
from the Djeno Oil Terminal, a single buoy mooring off-shore, 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 Republic of the Congo. 
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 
Republic of the Congo. 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 Republic of the Congo;
     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 Republic of the 
Congo.
    This notice is issued under authority of 46 U.S.C. 70110(a).

    Dated: August 10, 2009.
Sally Brice-O'Hara,
Rear Admiral, USCG, Deputy Commandant for Operations.
[FR Doc. E9-21020 Filed 8-31-09; 8:45 am]
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