82 FR 16052 - Imposition of Conditions of Entry for Certain Vessels Arriving to the United States From Nauru

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 61 (March 31, 2017)

The Coast Guard announces that it will impose conditions of entry on vessels arriving from Nauru. Conditions of entry are intended to protect the United States from vessels arriving from countries that have been found to have deficient port anti-terrorism measures in place.

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16052-16053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06399]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2016-1081]


Imposition of Conditions of Entry for Certain Vessels Arriving to 
the United States From Nauru

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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[[Page 16053]]

SUMMARY: The Coast Guard announces that it will impose conditions of 
entry on vessels arriving from Nauru. Conditions of entry are intended 
to protect the United States from vessels arriving from countries that 
have been found to have deficient port anti-terrorism measures in 
place.

DATES: The policy announced in this notice will become effective April 
14, 2017.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Juliet Hudson, International Port Security Evaluation 
Division, United States Coast Guard, telephone 202-372-1173.

SUPPLEMENTARY INFORMATION: 

Discussion

    The authority for this notice is 5 U.S.C. 552(a), 46 U.S.C. 70110, 
and Department of Homeland Security Delegation No. 0170.1(II)(97.f). As 
delegated, section 70110 authorizes the Coast Guard to impose 
conditions of entry on vessels arriving in U.S. waters from ports that 
the Coast Guard has not found to maintain effective anti-terrorism 
measures.
    On February 2, 2016 the Coast Guard did not find that ports in 
Nauru maintained effective anti-terrorism measures and that Nauru's 
legal regime, designated authority oversight, access control and cargo 
control are all deficient.
    On March 16, 2016, Nauru was notified of this determination and 
given recommendations for improving antiterrorism measures and 90 days 
to respond. To date, we cannot confirm that Nauru has corrected the 
identified deficiencies.
    Accordingly, beginning April 14, 2017, the conditions of entry 
shown in Table 1 will apply to any vessel that visited a port in Nauru 
in its last five port calls.

    Table 1--Conditions of Entry for Vessels Visiting Ports in Nauru
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       Number                         Each vessel must:
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1..................  Implement measures per the vessel's security plan
                      equivalent to Security Level 2 while in a port in
                      Nauru. 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.''
2..................  Ensure that each access point to the vessel 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 Nauru.
3..................  Guards may be provided by the vessel's crew;
                      however, additional crewmembers should be placed
                      on the vessel 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 vessel'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.''
4..................  Attempt to execute a Declaration of Security while
                      in a port in Nauru.
5..................  Log all security actions in the vessel's security
                      records.
6..................  Report actions taken to the cognizant Coast Guard
                      Captain of the Port (COTP) prior to arrival into
                      U.S. waters.
7..................  In addition, based on the findings of the Coast
                      Guard boarding or examination, the vessel may be
                      required to ensure that each access point to the
                      vessel 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 COTP prior to the vessel's arrival.
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    The following countries currently do not maintain effective anti-
terrorism measures and are therefore subject to conditions of entry: 
Cambodia, Cameroon, Comoros, Cote d'Ivoire, Equatorial Guinea, the 
Republic of the Gambia, Guinea-Bissau, Iran, Liberia, Libya, 
Madagascar, Nauru, Nigeria, Sao Tome and Principe, Syria, Timor-Leste, 
Venezuela, and Yemen. This list is also available in a policy notice 
available at https://homeport.uscg.mil under the Maritime Security tab; 
International Port Security Program (ISPS Code); Port Security Advisory 
link.

    Dated: January 30, 2017.
Charles W. Ray,
USCG, Deputy Commandant for Operations.
[FR Doc. 2017-06399 Filed 3-30-17; 8:45 am]
 BILLING CODE 9110-04-P