
[Federal Register: November 20, 2009 (Volume 74, Number 223)]
[Notices]               
[Page 60283-60284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no09-90]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0800]

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

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 Madagascar, with 
the exception of vessels arriving from the port of Toamasina (also 
known as Tamatave).

DATES: The requirements announced in this notice will become effective 
December 4, 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 Madagascar 
are not maintaining effective anti-terrorism measures. Inclusive to 
this determination is an assessment that Madagascar presents 
significant risk of introducing instruments of terror into 
international maritime commerce.
    Consistent with 46 U.S.C. 70109, the United States notified 
Madagascar of this determination on May 17, 2007, and identified steps 
necessary to improve the antiterrorism measures in Madagascar. To date, 
the United States cannot confirm that the identified deficiencies have 
been corrected.
    Accordingly, effective December 4, 2009 the Coast Guard will impose 
the following conditions of entry on vessels that visited ports in 
Madagascar, with the exception of vessels arriving from the port of 
Toamasina (also known as Tamatave) 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 Madagascar. 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 
Madagascar. 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 Madagascar;
     Log all security actions in the ship's log; and

[[Page 60284]]

     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 
Madagascar with the exception of the Port of Toamasina, also known as 
Tamatave.
    This notice is issued under authority of 46 U.S.C. 70110(a).

    Dated: October 15, 2009.
Sally Brice-O'Hara,
USCG, Deputy Commandant for Operations.
[FR Doc. E9-27876 Filed 11-19-09; 8:45 am]

BILLING CODE 9110-04-P
