[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53901-53902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21715]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2012-0279]
Notification of the Imposition of Conditions of Entry for Certain
Vessels Arriving to the United States From the Republic of Yemen
AGENCY: Coast Guard, DHS.
ACTION: Notice.
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SUMMARY: The United States Coast Guard announces that it will impose
conditions of entry on vessels arriving from the country of the
Republic of Yemen, with the exception of vessels arriving from the Ash
Shihr Terminal, the Balhalf LNG Terminal, and the Port of Hodeidah.
DATES: The policy announced in this notice will become effective
September 18, 2012.
ADDRESSES: This notice is part of docket USCG-2012-0279 and is
available online by going to http://www.regulations.gov, inserting
``USCG-2012-0279'' in the ``Keyword'' box, and then clicking
``Search.'' This material is also available for inspection and copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 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 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
Title 46, Section 70110, 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 United States 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 except as
modified below. All such notices are available for review online by
going to http://homeport.uscg.mil, clicking on the ``Maritime
Security'' and then ``International Port Security Program'' tabs, and
then following the link.
The Coast Guard has determined that ports in the Republic of Yemen
are not maintaining effective anti-terrorism measures. Inclusive to
this determination is an assessment that the Republic of Yemen presents
significant risk of introducing instruments of terror into
international maritime commerce. Inclusive to this determination is
also an assessment of significant deficiencies in the Republic of
Yemen's legal regime, designated authority oversight, access control,
and cargo control. The Coast Guard notified the Department of State of
these determinations pursuant to 46 U.S.C. 70110(c).
The United States notified the Republic of Yemen of this
determination on December 18, 2011, and identified steps necessary to
improve the anti-terrorism measures in place at their respective ports
(46 U.S.C. 70109(a)). The Republic of Yemen has not offered a response
to our communications on this determination. To date, the United States
cannot confirm that the identified deficiencies have been corrected.
Accordingly, on September 18, 2012, the Coast Guard will impose
certain conditions of entry on vessels that visited ports in the
Republic of Yemen, with the exception of vessels arriving from the Ash
Shihr Terminal, the Balhalf LNG Terminal, and the Port of Hodeidah,
during their last five port calls. Vessels must meet the following
conditions of entry:
Implement measures per the ship's security plan equivalent
to Security Level 2 while in a port in the Republic of Yemen. 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 Yemen.
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. Alternatively, security may 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 Yemen.
Log all security actions in the ship's log.
Report actions taken to the cognizant Coast Guard Captain
of the Port prior to arrival into U.S. waters.
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
must be acceptable to the cognizant Coast Guard Captain of the Port
prior to the vessel's arrival.
[[Page 53902]]
With this notice, the current list of countries not maintaining
effective anti-terrorism measures is as follows: Cambodia, Cameroon,
Comoros, Cote d'Ivoire, Cuba, Equatorial Guinea, Guinea-Bissau,
Indonesia, Iran, Liberia, Madagascar, Sao Tome and Principe, Syria,
Timor-Leste, Venezuela, and Yemen. 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: August 20, 2012.
Peter V. Neffenger,
USCG, Deputy Commandant for Operations.
[FR Doc. 2012-21715 Filed 8-31-12; 8:45 am]
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