[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51692-51693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22291]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2018-0275]
Imposition of Conditions of Entry on Vessels Arriving to the
United States From Certain Ports in the Republic of Iraq
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 certain ports in the Republic of Iraq.
Conditions of entry are intended to protect the United States from
vessels arriving from countries that have been found to have deficient
anti-terrorism port measures in place.
DATES: The policy announced in this notice will become effective
October 26, 2018.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Juliet Hudson, International Port Security Evaluation
Division, United States Coast Guard, telephone 202-372-1173,
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The authority for this notice is 5 U.S.C. 552(a), 46 U.S.C. 70110,
and Department of Homeland Security Delegation No. 0170.1(II)(97.f). As
delegated, section 70110(a) authorizes the Coast Guard to impose
conditions of entry on vessels arriving in U.S. waters from ports that
the Coast Guard has found to have deficient anti-terrorism measures.
On August 21, 2017, the Coast Guard found that the Republic of Iraq
failed to maintain effective anti-terrorism measures in its ports and
that its designated authority's oversight, access control, security
monitoring, security training programs, and security plans drills and
exercises are all deficient.
On October 14, 2017, as required by 46 U.S.C. 70109, the Republic
of Iraq was notified of this determination, provided recommendations
for improving antiterrorism measures, and given 90 days to respond. In
January 2018, the Coast Guard re-visited the Republic of Iraq to review
Iraq's progress on correcting the security deficiencies. The Coast
Guard determined that Iraq failed to maintain effective anti-terrorism
measures with the exeptions of three port facilities: The Al-Basrah Oil
Terminal, the Khor Al Amaya Oil Terminal and Al Maqal Terminal 14 (also
known as the North America Western Asia Holdings Facility).
Accordingly, beginning October 26, 2018, the conditions of entry
shown in Table 1 will apply to any vessel that visited a port in the
Republic of Iraq in its last five port calls, with the exception of the
ports the Al-Basrah Oil Terminal, the Khor Al Amaya Oil Terminal, and
Al Maqal Terminal 14.
Table 1--Conditions of Entry for Vessels Visiting Ports in the Republic
of Iraq
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No. Each vessel must:
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1..................... Implement measures per the vessel's security
plan equivalent to Security Level 2 while in a
port in the Republic of Iraq. 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.''
2..................... Ensure that each access point to the vessel 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 Iraq.
[[Page 51693]]
3..................... Guards may be provided by the vessel's crew;
however, additional crewmembers should be
placed on the vessel 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 vessel'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.''
4..................... Attempt to execute a Declaration of Security
while in a port in the Republic of Iraq.
5..................... Log all security actions in the vessel's
security records.
6..................... Report actions taken to the cognizant Coast
Guard Captain of the Port (COTP) prior to
arrival into U.S. waters.
7..................... In addition, based on the findings of the Coast
Guard boarding or examination, the vessel may
be required to ensure that each access point to
the vessel 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 COTP prior to the
vessel's arrival.
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The following countries do not maintain effective anti-terrorism
measures in their ports and are therefore subject to conditions of
entry: The Republic of Iraq, Cambodia, Cameroon, Comoros, C[ocirc]te
d'Ivoire, Equatorial Guinea, The Gambia, Guinea-Bissau, Iran, Liberia,
Libya, Madagascar, Micronesia, Nauru, Nigeria, Sao Tome and Principe,
Syria, Timor-Leste, Venezuela, and Yemen. The current Port Security
Advisory is available at: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/International-Domestic-Port-Assessment/.
Dated: September 27, 2018.
Daniel B. Abel,
Deputy Commandant for Operations.
[FR Doc. 2018-22291 Filed 10-11-18; 8:45 am]
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