45230 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

the U.S. Customs and Border Protection 

by calling (202) 344–1060. The inquiry 

may also be sent to cbp.labhq@dhs.gov. 

Please reference the Web site listed 

below for a complete listing of CBP 

approved gaugers and accredited 

laboratories. http://cbp.gov/xp/cgov/ 

import/operations_support/ 

labs_scientific_svcs/ 

commercial_gaugers/. 

DATES: The approval of Camin Cargo 

Control, Inc., as commercial gauger 

became effective on June 16, 2009. The 

next triennial inspection date will be 

scheduled for June 2012. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Malana, Laboratories and 

Scientific Services, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue, NW., Suite 1500N, 

Washington, DC 20229, 202–344–1060. 

Dated: August 25, 2009. 

Ira S. Reese, 

Executive Director, Laboratories and 

Scientific Services. 

[FR Doc. E9–21105 Filed 8–31–09; 8:45 am] 

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DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2009–0508] 

Notification of the Imposition of 

Conditions of Entry for Certain Vessels 

Arriving to the United States, Republic 

of the Congo 

AGENCY: Coast Guard, DHS. 

ACTION: Notice. 

SUMMARY: The Coast Guard announces 

that it will impose conditions of entry 

on vessels arriving to the United States 

from the Republic of the Congo, with 

the exception of vessels arriving from 

the Djeno Oil Terminal, a single buoy 

mooring off-shore. 

DATES: The requirements announced in 

this notice will become effective 

September 15, 2009. 

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 or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

Section 70110 of the Maritime 

Transportation Security Act of 2002 

(Pub. L. 107–295, Nov. 25, 2002) (46 

U.S.C. 70110) provides that the 

Secretary of Homeland Security may 

impose conditions of entry on vessels 

requesting entry into the United States 

arriving from ports that are not 

maintaining effective anti-terrorism 

measures, may deny entry into the 

United States to any vessel that does not 

meet such conditions set forth herein, 

and shall provide public notice for 

passengers of the ineffective 

antiterrorism measures. The Coast 

Guard has been delegated the authority 

by the Secretary 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 Security (ISPS) Code, the 

Coast Guard has determined that ports 

in the Republic of the Congo are not 

maintaining effective anti-terrorism 

measures. Inclusive to this 

determination is an assessment that the 

Republic of the Congo presents 

significant risk of introducing 

instruments of terror into international 

maritime commerce. 

Consistent with 46 U.S.C. 70109, the 

United States notified the Republic of 

the Congo of this determination on 

December 24, 2008, and identified steps 

necessary to improve the antiterrorism 

measures in the Republic of the Congo. 

To date, the United States cannot 

confirm that the identified deficiencies 

have been corrected. 

Accordingly, effective September 15, 

2009, the Coast Guard will impose the 

following conditions of entry on vessels 

that visited ports in the Republic of the 

Congo, with the exception of vessels 

arriving from the Djeno Oil Terminal, a 

single buoy mooring off-shore, 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 Republic 

of the Congo. 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 the Congo. 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. Guards may also 

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 the Congo; 

• 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 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 antiterrorism measures at 

ports in the Republic of the Congo. 

This notice is issued under authority 

of 46 U.S.C. 70110(a). 

Dated: August 10, 2009. 

Sally Brice-O’Hara, 

Rear Admiral, USCG, Deputy Commandant 

for Operations. 

[FR Doc. E9–21020 Filed 8–31–09; 8:45 am] 

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