
[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53901-53902]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 9110-04-P


