Imposition of Conditions of Entry for Certain Vessels Arriving to the United States From Nigeria, 33771 [2014-13741]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Page 33771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13741]



[[Page 33771]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2014-0067]


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

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 from the Federal Republic of Nigeria with the 
exception of vessels arriving from certain ports.

DATES: The policy announced in this notice will become effective June 
26, 2014.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Michael Brown, International Port Security Evaluation 
Division, United States Coast Guard, telephone 202-372-1081. For 
information about viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826, toll free 1-800-647-5527.

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.
    The Coast Guard does not find that ports in the Federal Republic of 
Nigeria maintain effective anti-terrorism measures with certain 
exceptions and that Nigeria's legal regime, designated authority 
oversight, access control and cargo control are all deficient. Our 
determination does not apply to the ports listed in Table 1 and the 
listed ports are excepted from the conditions of entry we are imposing.

           Table 1--Ports To Which This Notice Does Not Apply
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                  Port                             IMO Port No.
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APP Apapa Bulk Terminal................  NGAPP-0009
APP AP Moller Terminal.................  NGAPP-0001
APP Greenview Terminal.................  NGAPP-0004
BON Bonny River Terminal...............  NGBON-0001
BON NLGN Bonny Terminal................  NGBON-0002
BON SPDC Bonny Offshore Terminal.......  NG663-001
CBQ FSO YOHO (Exxon Mobile)............  NG638-0001
CBQ Logistics Base.....................  NGCBQ-0001
CBQ McIver Wharf.......................  NGCBQ-0004
CBQ Port Terminal A....................  NGCBQ-0002
CBQ QIT BOP............................  NGOBO-0001
ESC Escra BOP..........................  NGESC-0001
ESC LPG-FSO............................  NGESC-0003
FOR Forcados Offshore Terminal.........  NGFOR-0001
ONN FLT................................  NGONN-0005
ONN FOT................................  NGONN-0006
TIN Dantata MRS Terminal...............  NGTIN-0003
TIN FSL................................  NGTIN-0013
TIN P&CH Terminal C....................  NGTIN-0011
TIN PTML Terminal E....................  NGTIN-0010
TIN Snake Island Integrated Free Zone..  NGTIN-0001
TIN TICT Terminal B....................  NGTIN-0009
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    In March 26, 2013, Nigeria was notified of this determination and 
given recommendations for improving antiterrorism measures and 90 days 
to respond. To date, we cannot confirm that Nigeria has corrected the 
identified deficiencies.
    Accordingly, beginning June 26, 2014, the conditions of entry shown 
in Table 2 will apply to any vessel that visited a non-excepted 
Nigerian port in its last five port calls.

  Table 2--Conditions of Entry for Vessels Visiting Nigerian Ports Not
                            Listed in Table 1
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                No.                           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
                                     the Federal Republic of Nigeria. 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 the Federal
                                     Republic of Nigeria.
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 the
                                     Federal Republic of Nigeria;
5.................................  Log all security actions in the
                                     vessel's security records; and
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, Cuba, Equatorial Guinea, 
Guinea-Bissau, Iran, Liberia, Madagascar, 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: June 2, 2014.
Vice Admiral Peter V. Neffenger, USCG,
Deputy Commandant for Operations.
[FR Doc. 2014-13741 Filed 6-11-14; 8:45 am]
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