[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30954-30955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13174]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0255]


Notification of the Imposition of Conditions of Entry for Certain 
Vessels Arriving to the United States From the Union of the Comoros and 
the Republic of Cote d'Ivoire

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 from the countries of the Union of the 
Comoros and the Republic of Cote d'Ivoire.

DATES: The policy announced in this notice will become effective June 
10, 2011.

ADDRESSES: This notice is part of docket USCG-2011-0255 and is 
available online by going to http://www.regulations.gov, inserting 
USCG-2011-0255 in the ``Keyword'' box, and then clicking ``Search.'' 
The material is also 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. 
This policy is also available at http://www.homeport.uscg.mil under the 
Maritime Security tab; International Port Security Program (ISPS Code); 
Port Security Advisory link.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call Mr. Michael Brown, International Port Security Evaluation 
Division, United States 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 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 impose conditions of entry on vessels requesting entry into 
the United States arriving from ports that are not maintaining 
effective anti-terrorism measures. 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. 
See Department of Homeland Security Delegation No. 0170.1, sec. 97. 
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.
    The Coast Guard has determined that ports in the Union of the 
Comoros and the Republic of Cote d'Ivoire are not maintaining effective 
anti-terrorism measures. To make these determinations, the Coast Guard 
International Port Security (IPS) Program conducted an initial visit to 
the Union of the Comoros in November 2009, and conducted an initial 
visit to the Republic of Cote d'Ivoire in January 2010. In our 
investigations of both countries, significant deficiencies were found 
in the legal regime, designated authority oversight, access control, 
and cargo control. In September 2010, the Deputy Commandant for 
Operations made findings that effective anti-terrorism measures were 
not in place in the ports of Comoros and Cote d'Ivoire. Inclusive to 
these determinations is an assessment that the Union of the

[[Page 30955]]

Comoros and the Republic of Cote d'Ivoire present significant risk of 
introducing instruments of terror into international maritime commerce. 
The Coast Guard notified the Department of State of these 
determinations pursuant to 46 U.S.C. 70110(c).
    The United States notified the Union of the Comoros of this 
determination in October 2010 and the Republic of Cote d'Ivoire in 
November 2010, and identified steps necessary to improve the 
antiterrorism measures in place at their respective ports, as required 
by 46 U.S.C. 70109. Neither of these countries has offered a response 
to our communications on these matters. To date, the United States 
cannot confirm that the identified deficiencies have been corrected.
    Accordingly, effective June 10, 2011, the Coast Guard will impose 
the following conditions of entry on vessels that visited ports in the 
Union of the Comoros and/or the Republic of Cote d'Ivoire 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 Union of the Comoros or the 
Republic of Cote d'Ivoire. 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 Union 
of the Comoros or the Republic of Cote d'Ivoire.
     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 a 
port in the Union of the Comoros or the Republic of Cote d'Ivoire;
     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 the 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.
    With this notice, the current list of countries not maintaining 
effective anti-terrorism measures is as follows: Cambodia, Cameroon, 
Comoros, Republic of the Congo, Cote d'Ivoire, Cuba, Equatorial Guinea, 
Guinea-Bissau, Indonesia, Iran, Liberia, Madagascar, Sao Tome and 
Principe, Syria, Timor-Leste, and Venezuela. This current list is also 
available in the policy notice available on the Homeport system as 
described in the ADDRESSES section above.
    This notice is issued under authority of 46 U.S.C. 70110(a)(3).

    Dated: May 23, 2011.
Rear Admiral Brian M. Salerno,
USCG, Deputy Commandant for Operations.
[FR Doc. 2011-13174 Filed 5-26-11; 8:45 am]
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