
[Federal Register: March 15, 2010 (Volume 75, Number 49)]
[Notices]               
[Page 12250-12251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr10-71]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0983]

 
Notification of the Imposition of Conditions of Entry for Certain 
Vessels Arriving to the United States From the Democratic Republic of 
Timor-Leste

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 Democratic 
Republic of Timor-Leste.

DATES: The requirements announced in this notice will become effective 
March 29, 2010.

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 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 prescribe conditions of entry into the United States on 
vessels arriving from ports that are not maintaining effective anti-
terrorism measures and to deny entry into the United States to any 
vessel that does not meet such conditions. It also requires public 
notice for passengers of the ineffective anti-terrorism measures. The 
Secretary has delegated to the Coast Guard authority 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.

[[Page 12251]]

    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 
Democratic Republic of Timor-Leste are not maintaining effective anti-
terrorism measures. Inclusive to this determination is an assessment 
that the Democratic Republic of Timor-Leste presents significant risk 
of introducing instruments of terror into international maritime 
commerce. The Coast Guard notified the Department of State of this 
determination pursuant to 46 U.S.C. 70110(c).
    The United States notified the Democratic Republic of Timor-Leste 
of this determination on June 29, 2009, and identified steps necessary 
to improve the antiterrorism measures in use at ports in the Democratic 
Republic of Timor-Leste, as required by 46 U.S.C. 70109. To date, the 
United States cannot confirm that the identified deficiencies have been 
corrected.
    Accordingly, effective March 29, 2010, the Coast Guard will impose 
the following conditions of entry into the United States on vessels 
that visited ports in the Democratic Republic of Timor-Leste 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 Democratic Republic of 
Timor-Leste.
     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 
Democratic Republic of Timor-Leste.
     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 Democratic Republic of Timor-Leste;
     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 Democratic Republic 
of Timor-Leste.
    This notice is issued under authority of 46 U.S.C. 70110(a).

    Dated: January 29, 2010.
Rear Admiral Sally Brice-O'Hara,
USCG, Deputy Commandant for Operations.
[FR Doc. 2010-5520 Filed 3-12-10; 8:45 am]
BILLING CODE 9110-04-P

