
[Federal Register: April 13, 2010 (Volume 75, Number 70)]
[Notices]               
[Page 18871-18872]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap10-75]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0119]

 
Notification of the Imposition of Conditions of Entry for Certain 
Vessel Arriving to the United States From the Democratic Republic of 
Sao Tome and Principe

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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[[Page 18872]]

SUMMARY: The Coast Guard announces that it will impose conditions of 
entry on vessels arriving from the country of the Democratic Republic 
of Sao Tome and Principe.

DATES: The policy announced in this notice will become effective April 
27, 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 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 prescribe conditions of entry into the United States on 
vessels arriving from ports that are not maintaining effective anti-
terrorism measures and may deny entry into the United States to any 
vessel that does not meet such conditions. 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. 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 (ISPS) Code, 
the Coast Guard has determined that ports in the Democratic Republic of 
Sao Tome and Principe are not maintaining effective anti-terrorism 
measures. Inclusive to this determination is an assessment that the 
Democratic Republic of Sao Tome and Principe 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 Sao Tome and 
Principe of this determination in July of 2009, and identified steps 
necessary to improve the antiterrorism measures in use at ports in the 
Democratic Republic of Sao Tome and Principe, as required by 46 U.S.C. 
70109. The United States conducted a visit in February 2010 
reconfirming that the identified deficiencies have not been corrected.
    Accordingly, effective April 27, 2010, the Coast Guard will impose 
the following conditions of entry on vessels that visited ports in the 
Democratic Republic of Sao Tome and Principe 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 Sao 
Tome and Principe. 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 Sao Tome and Principe.
     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 port 
in the Democratic Republic of Sao Tome and Principe;
     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, 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.
    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 anti-terrorism measures at ports in the Democratic Republic 
of Sao Tome and Principe.
    This notice is issued under authority of 46 U.S.C. 70110(a)(3).

    Dated: March 25, 2010.
Sally Brice-O'Hara,
Rear Admiral, USCG, Deputy Commandant for Operations.
[FR Doc. 2010-8373 Filed 4-12-10; 8:45 am]
BILLING CODE 9110-04-P

