Imposition of Conditions of Entry for Certain Vessels Arriving to the United States From the Republic of Djibouti, 22153-22154 [2019-10153]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Notices]
[Pages 22153-22154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10153]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0851]


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

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 Republic of Djibouti. 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 May 
30, 2019.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email LCDR Zeke Lyons, International Port Security Program, 
United States Coast Guard, telephone 202-372-1296, 
[email protected]

SUPPLEMENTARY INFORMATION: 

Discussion

    The authority for this notice is 5 U.S.C. 552(a) (``Administrative 
Procedure Act''), 46 U.S.C. 70110 (``Maritime Transportation Security 
Act''), and Department of Homeland Security Delegation No. 
0170.1(II)(97.f). As delegated, section 70110(a) 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 August 18, 2016 the Coast Guard found that ports in the Republic 
of Djibouti failed to maintain effective anti-terrorism measures and 
that the Republic of Djibouti's designated authority's oversight, 
access control, security monitoring, security training programs, and 
security plans drills and exercises are all deficient.
    On February 6, 2017, as required by 46 U.S.C. 70109, the Republic 
of Djibouti was notified of this determination and given 
recommendations for improving antiterrorism measures and 90 days to 
respond. In May 2017 and September 2018, the Coast Guard revisited the 
Republic of Djibouti to review Djibouti's

[[Page 22154]]

progess on correcting the security deficiencies. The Coast Guard 
determined that Djibouti failed to maintain effective anti-terrorism 
measures with the exeptions of two port facilities: The Doraleh 
Container Terminal and the Doraleh Oil Terminal (Horizon).
    Accordingly, beginning May 30, 2019, the conditions of entry shown 
in Table 1 will apply to any vessel that visited a port in the Republic 
of Djibouti, with the exception of the Doraleh Container Terminal and 
the Doraleh Oil Terminal (Horizon), in its last five port calls.

 Table 1--Conditions of Entry for Vessels Visiting Ports in the Republic
                               of Djibouti
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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 Republic of Djibouti. 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 Republic of Djibouti.
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 Republic of Djibouti.
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 do not maintain effective anti-terrorism 
measures in their ports and are therefore subject to conditions of 
entry: Cambodia, Cameroon, Comoros, C[ocirc]te d'Ivoire, Djibouti, 
Equatorial Guinea, The Gambia, Guinea-Bissau, Iran, Iraq, Liberia, 
Libya, Madagascar, Micronesia, Nauru, Nigeria, Sao Tome and Principe, 
Seychelles, Syria, Timor-Leste, Venezuela, and Yemen.
    The current Port Security Advisory is available at: https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/International-Domestic-Port-Assessment/.

    Dated: May 7, 2019.
 Daniel B. Abel,
Deputy Commandant for Operations, USCG.
[FR Doc. 2019-10153 Filed 5-15-19; 8:45 am]
 BILLING CODE 9110-04-P