Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 67383 

Security, Federal Emergency 

Management Agency, and sent via 

electronic mail to 

oira.submission@omb.eop.gov or faxed 

to (202) 395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

should be made to Director, Records 

Management Division, 1800 South Bell 

Street, Arlington, VA 20598–3005, 

facsimile number (202) 646–3347, or email address FEMA-InformationCollections-Management@dhs.gov. 

SUPPLEMENTARY INFORMATION: One 

comment was received in response to 

the 60-day Federal Register Notice 

published July 27, 2010, 75 FR 43998. 

The comment asked for clarification on 

the difference in notification 

requirements for Letter of Map 

Revisions (LOMRs) and Physical Map 

Revisions (PMRs). The reason for the 

difference is explained in FEMA Form 

086–0–27A (formerly FEMA Form 81– 

89A), Riverine Hydrology and 

Hydraulics Form. The commenter also 

was concerned that the notification is 

costly and time consuming and 

mentioned that the notifications must be 

sent using certified mail, but that is not 

a requirement. 

Collection of Information 

Title: Revision to National Flood 

Insurance Program Maps: Application 

Forms for LOMRs and CLOMRs. 

Type of information collection: 

Revision of a currently approved 

information collection. 

OMB Number: 1660–0016. 

Form Titles and Numbers: FEMA 

Form 086–0–27 (formerly FEMA Form 

81–89), Overview and Concurrence 

Form; FEMA Form 086–0–27A 

(formerly FEMA Form 81–89A), 

Riverine Hydrology and Hydraulics 

Form; FEMA Form 086–0–27B (formerly 

FEMA Form 81–89B), Riverine 

Structures Form; FEMA Form 086–0– 

27C (formerly FEMA Form 81–89C), 

Coastal Analysis Form; FEMA Form 

086–0–27D (formerly FEMA Form 81– 

89D), Coastal Structures Form; FEMA 

Form 086–0–27E (formerly FEMA Form 

81–89E), Alluvial Fan Flooding Form. 

Abstract: The certification forms are 

designed to assist requesters in 

gathering information that FEMA needs 

to revise a National Flood Insurance 

Program (NFIP) map. This data is 

required to ensure that requested 

revisions are in compliance with NFIP 

regulations. These revisions are granted 

if the technical information submitted 

demonstrates that the prior 

determination of a Special Flood Hazard 

Area, floodway or Base Flood Elevation 

on a flood map is no longer valid. 

Affected Public: Business or other forprofit; State, local or Tribal Government. 

Estimated Number of Respondents: 

1,500. 

Frequency of Response: On Occasion. 

Estimated Average Hour Burden per 

Respondent: 11.8 hours. 

Estimated Total Annual Burden 

Hours: 17,700 hours. 

Estimated Cost: The estimated annual 

operations and maintenance cost is 

$26,250,000. There is no annual or 

capital start-up cost. 

Dated: October 27, 2010. 

Lesia M. Banks, 

Director, Records Management Division, 

Mission Support Bureau, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. 2010–27656 Filed 11–1–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2497–99; DHS Docket No. USCIS 

2010–0010] 

RIN 1615–ZA99 

Extension of the Designation of 

Somalia for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security (DHS). 

ACTION: Notice. 

SUMMARY: This Notice announces that 

the Secretary of Homeland Security 

(Secretary) has extended the designation 

of Somalia for temporary protected 

status (TPS) for 18 months, from its 

current expiration date of March 17, 

2011 through September 17, 2012. The 

Secretary has determined that an 18- 

month extension is warranted because 

conditions in Somalia prompting the 

TPS designation continue to be met. 

Armed conflict in Somalia is ongoing 

and, due to such conflict and other 

extraordinary and temporary conditions, 

requiring the return of eligible 

individuals with TPS to Somalia would 

pose a serious threat to their personal 

safety. 

This Notice also sets forth procedures 

necessary for nationals of Somalia (or 

aliens having no nationality who last 

habitually resided in Somalia) with TPS 

to re-register and to apply for an 

extension of their employment 

authorization documents (EADs) with 

U.S. Citizenship and Immigration 

Services (USCIS). Re-registration is 

limited to persons who previously 

registered for TPS under the designation 

of Somalia and whose applications have 

been granted or remain pending. Certain 

nationals of Somalia (or aliens having 

no nationality who last habitually 

resided in Somalia) who have not 

previously applied for TPS may be 

eligible to apply under the late initial 

registration provisions. Information on 

late initial registration can be found on 

the USCIS Web site at http:// 

www.uscis.gov on the ‘‘Temporary 

Protected Status’’ homepage. 

USCIS will issue new EADs with a 

September 17, 2012 expiration date to 

eligible TPS beneficiaries who timely reregister and apply for EADs. 

DATES: The extension of the TPS 

designation of Somalia is effective 

March 18, 2011, and will remain in 

effect through September 17, 2012. The 

60-day re-registration period begins 

November 2, 2010 and will remain in 

effect until January 3, 2011. 

FOR FURTHER INFORMATION CONTACT: 

• For further information on TPS, 

including guidance on the application 

process and additional information on 

eligibility, please visit the USCIS Web 

site at http://www.uscis.gov. Select 

‘‘Temporary Protected Status’’ from the 

homepage under ‘‘Humanitarian Relief.’’ 

You can find detailed information about 

this TPS extension on our Web site at 

the Somali Questions & Answers 

Section. 

• You can also contact the TPS 

Operations Program Manager, Status 

and Family Branch, Service Center 

Operations Directorate, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 20 Massachusetts 

Avenue, NW., Washington, DC 20529– 

2060, telephone (202) 272–1533. This is 

not a toll-free call. 

Note: The phone number provided here is 

solely for questions regarding this TPS 

notice. It is not for individual case status 

inquiries. Applicants seeking information 

about the status of their individual cases can 

check Case Status Online available at the 

USCIS Web site at http://www.uscis.gov, or 

call the USCIS National Customer Service 

Center at 1–800–375–5283 (TTY 1–800–767– 

1833). 

• Further information will also be 

available at local USCIS offices upon 

publication of this Notice. 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

Act—Immigration and Nationality Act 

AI—Amnesty International 

DHS—Department of Homeland 

Security 

DOS—Department of State 


hsrobinson on DSK69SOYB1PROD with NOTICES
67384 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 

1As of March 1, 2003, in accordance with section 

1517 of title XV of the Homeland Security Act of 

2002 (HSA), Public Law 107–296, 116 Stat. 2135, 

any reference to the Attorney General in a provision 

of the Immigration and Nationality Act describing 

functions transferred under the HSA from the 

Department of Justice to the Department of 

Homeland Security ‘‘shall be deemed to refer to the 

Secretary’’ of Homeland Security. See 6 U.S.C. 557 

(codifying HSA, tit. XV, sec. 1517). 

EAD—Employment Authorization 

Document 

OSC—U.S. Department of Justice, Office 

of Special Counsel for Immigration 

Related Unfair Employment Practices 

Secretary—Secretary of Homeland 

Security 

TFG—Transitional Federal Government 

TPS—Temporary Protected Status 

UN—United Nations 

UNHCR—United Nations High 

Commissioner for Refugees 

USCIS—U.S. Citizenship and 

Immigration Services 

What Is Temporary Protected Status? 

• TPS is an immigration status 

granted to eligible nationals of a country 

designated for TPS under the Act (or to 

persons with no nationality who last 

habitually resided in the designated 

country). 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States and may obtain 

work authorization, so long as they 

continue to meet the requirements of 

their TPS status. 

• The granting of TPS does not lead 

to permanent resident status. 

• When the Secretary terminates a 

country’s TPS designation, beneficiaries 

return to the same immigration status 

they maintained before TPS (unless that 

status has since expired or been 

terminated) unless they lawfully 

obtained another immigration status 

while registered for TPS. 

What authority does the Secretary of 

Homeland Security have to extend the 

designation of Somalia for TPS? 

Section 244(b)(1) of the Immigration 

and Nationality Act (Act), 8 U.S.C. 

1254a(b)(1), authorizes the Secretary, 

after consultation with appropriate 

agencies of the government, to designate 

a foreign State (or part thereof) for TPS.1

The Secretary may then grant TPS to 

eligible nationals of that foreign State 

(or aliens having no nationality who last 

habitually resided in that State). Section 

244(a)(1)(A) of the Act, 8 U.S.C. 

1254a(a)(1)(A). 

At least 60 days before the expiration 

of a TPS designation, the Secretary, after 

consultation with appropriate agencies 

of the government, must review the 

conditions in a foreign State designated 

for TPS to determine whether the 

conditions for the TPS designation 

continue to be met and, if so, must 

determine the length of an extension of 

the TPS designation. Section 

244(b)(3)(A) and (C) of the Act, 8 U.S.C. 

1254a(b)(3)(A) and (C). If the Secretary 

determines that the foreign State no 

longer meets the conditions for the TPS 

designation, the Secretary must 

terminate the designation. Section 

244(b)(3)(B) of the Act, 8 U.S.C. 

1254a(b)(3)(B). 

When was Somalia designated for TPS? 

On September 16, 1991, the Attorney 

General designated Somalia for TPS 

based on the ongoing armed conflict and 

extraordinary and temporary conditions 

within the country. 56 FR 46804. See 

section 244(a)(b)(1)(A) and (C) of the 

Act, 8 U.S.C. 1254a(b)(1)(A) and (C). On 

September 4, 2001, the Attorney General 

redesignated Somalia for TPS. 66 FR 

46288. The last extension of TPS for 

Somalia was announced on July 27, 

2009, based on the Secretary’s 

determination that the conditions 

warranting the designation and 

redesignation continued to be met. 74 

FR 37043. This announcement is the 

eighth extension of TPS for Somalia 

since the redesignation in 2001. 

Why is the Secretary extending the TPS 

designation for Somalia through 

September 17, 2012? 

Over the past year, DHS and the 

Department of State (DOS) have 

continued to review conditions in 

Somalia. Based on this review, and after 

consulting with DOS, the Secretary has 

determined that an 18-month extension 

is warranted because the conditions 

prompting designation and 

redesignation continue to be met. 

Armed conflict in Somalia is ongoing 

and, due to such conflict and other 

extraordinary and temporary conditions 

requiring the return of eligible 

individuals with TPS to Somalia would 

pose a serious threat to their personal 

safety. 

Somalia remains in a state of chaos 

characterized by the lack of a central 

government, a crippled economy, the 

absence of civil structures, destruction 

of infrastructure, and generalized 

insecurity in the form of banditry, 

kidnapping, looting, revenge killings, 

targeted assassinations, suicide carbombings, and inter-clan fighting. A 

total of 7,574 civilians were killed in 

2008. An additional 1,739 civilians were 

killed in 2009. In January 2010 alone, 

258 civilians were killed in the 

escalating conflict. An April 2010 

United Nations (UN) report states that 

trafficking of women and children is 

widespread. An April 2010 report by 

Human Rights Watch indicates that men 

and boys were forcibly recruited into 

militia forces, and were killed if they 

refused. An Amnesty International (AI) 

report covering the period between 

September 2009 and March 2010 stated 

that civilians were deliberately targeted 

for attacks and that opposition groups 

which continued to control south and 

central Somalia increasingly subjected 

civilians living in those areas to serious 

human rights violations, including 

abduction, torture, and unlawful 

killings. 

In January 2009, Sheikh Sharif Sheikh 

Ahmed was appointed as president of 

the Transitional Federal Government 

(TFG). De-escalation of violence in 

Mogadishu and other parts of southern 

and central Somalia followed and some 

60,000 people returned. However, a new 

offensive in May 2009 against the TFG 

and resumed fighting resulted in death 

or injury to thousands of civilians and 

forced some 255,000 people to flee the 

city. 

As of March 25, 2010, the United 

Nations High Commissioner for 

Refugees (UNHCR) estimated the 

number of people internally displaced 

within Somalia at 1.4 million. The 

number of Somalis who sought refuge in 

neighboring countries in 2008 was 

106,909. In 2009, the number rose to 

121,177. In the first quarter of 2010, the 

number of individuals who sought 

refuge in neighboring countries was 

21,730. According to UNHCR figures, 

the total number of Somali refugees in 

neighboring countries is 568,640. 

In January 2008, the number of 

Somalis in need of humanitarian 

assistance was 1.8 million. As of 

February 2010, the UN Food Security 

and Nutrition Analysis Unit reported 

the number at 3.2 million, or 42% of the 

population. However, humanitarian 

efforts have been hindered by increasing 

targeted attacks on humanitarian 

workers countrywide. Several 

international assistance organizations 

have had to suspend most humanitarian 

feeding operations. According to the 

March 25, 2010 AI report, ‘‘The delivery 

of emergency humanitarian aid in 

Somalia is shrinking.’’ The threat of 

piracy, insecurity, restrictions on 

movement and operations of aid 

agencies, and corruption hampered the 

delivery of humanitarian aid to 

populations in need. 

Based on this review and after 

consultation with the appropriate 

Government agencies, the Secretary has 

determined that: 

• The conditions that prompted the 

September 4, 2001 redesignation of 

Somalia for TPS continue to be met. See 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 67385 

section 244(b)(3)(A) and (C) of the Act, 

8 U.S.C. 1254a(b)(3)(A) and (C). 

• Requiring the return of nationals to 

Somalia continues to pose a serious 

threat to their personal safety due to an 

ongoing armed conflict. See section 

244(b)(1)(A) of the Act, 8 U.S.C. 

1254a(b)(1)(A). 

• Nationals of Somalia still cannot 

return to Somalia in safety due to 

continued extraordinary and temporary 

conditions. See section 244(b)(1)(C) of 

the Act, 8 U.S.C. 1254a(b)(1)(C). 

• It is not contrary to the national 

interest of the United States to permit 

aliens who meet the eligibility 

requirements of TPS to remain in the 

United States temporarily. See section 

244(b)(1)(C) of the Act, 8 U.S.C. 

1254a(b)(1)(C). 

• The designation of Somalia for TPS 

should be extended for an additional 18- 

month period. See section 244(b)(3)(C) 

of the Act, 8 U.S.C. 1254a(b)(3)(C). 

• There are approximately 300 

nationals of Somalia (or aliens having 

no nationality who last habitually 

resided in Somalia) who are eligible for 

TPS under this extended designation. 

Notice of Extension of the TPS 

Designation of Somalia 

By the authority vested in me as 

Secretary of Homeland Security under 

section 244 of the Act, 8 U.S.C. 1254a, 

I have determined after consultation 

with the appropriate government 

agencies that the conditions that 

prompted redesignation of Somalia for 

temporary protected status (TPS) on 

September 4, 2001, continue to be met. 

See section 244(b)(3)(A) and (C) of the 

Act, 8 U.S.C. 1254a(b)(3)(A) and (C). On 

the basis of this determination, I am 

extending the TPS designation of 

Somalia for 18 months from March 18, 

2011 through September 17, 2012. 

Janet Napolitano, 

Secretary. 

Required Application Forms and 

Application Fees To Register or Reregister for TPS 

To register or re-register for TPS, an 

applicant must submit: 

1. Form I–821, Application for 

Temporary Protected Status, 

• You need to pay the Form I–821 

application fee only if you are filing an 

application for late initial registration; 

• You do not need to pay the Form 

I–821 fee for a re-registration; and 

2. Form I–765, Application for 

Employment Authorization. 

• If you are filing for re-registration, 

you must pay the Form I–765 

application fee if you want an 

employment authorization document 

(EAD). 

• If you are filing for late initial 

registration and want an EAD, you must 

pay the Form I–765 fee only if you are 

age 14 through 65. No EAD fee is 

required if you are under the age of 14 

or over the age of 65 and filing for late 

initial TPS registration. 

• You do not pay the Form I–765 fee 

if you are not requesting an EAD. 

You must submit both completed 

application forms together. You may 

apply for application and/or biometrics 

fee waivers if you are unable to pay and 

you can provide proof through 

satisfactory supporting documentation. 

For more information on the application 

forms and application fees for TPS, 

please visit the USCIS Web site at 

http://www.uscis.gov. 

Biometric Services Fee 

Biometrics (such as fingerprints) are 

required for all applicants 14 years of 

age or older. Those applicants must 

submit a biometric services fee. You 

may apply for application and/or 

biometrics fee waivers if you are unable 

to pay and you can provide proof 

through satisfactory supporting 

documentation. For more information 

on the biometric services fee, please 

visit the USCIS Web site at http:// 

www.uscis.gov. 

Mailing Information 

Mail your application for TPS to the 

proper address in Table 1: 

TABLE 1—MAILING ADDRESSES

If . . . Mail to . . . 

You are applying for re-registration through US Postal Service ..................................................... USCIS, Attn: TPS Somalia, P.O. Box 8677, 

Chicago, IL 60680–8677. 

You are applying for the first time as a late initial registrant through US Postal Service ............... USCIS, Attn: TPS Somalia, P.O. Box 8677, 

Chicago, IL 60680–8677. 

You are using a Non-US Postal Service delivery service for both re-registration and first time 

late initial registration.

USCIS, Attn: TPS Somalia, 131 S. Dearborn— 

3rd Floor, Chicago, IL 60603–5517. 

You were granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA), 

and you wish to request an EAD or are re-registering for the first time.

USCIS, Attn: TPS Somalia, P.O. Box 7332, 

Chicago, IL 60680–7332. 

E-Filing 

If you are re-registering for TPS 

during the re-registration period and 

you do not need to submit any 

supporting documents or evidence, you 

are eligible to file your applications 

electronically. For more information on 

e-filing, please visit the USCIS E–Filing 

Reference Guide at the USCIS Web site 

at http://www.uscis.gov. 

Employment Authorization Document 

(EAD) 

May I request an interim EAD at my 

local USCIS office? 

No. USCIS will not issue interim 

EADs to TPS applicants and reregistrants at local offices. 

Will my current EAD that is set to expire 

on March 17, 2011, be automatically 

extended for 6 months? 

No. This notice does not 

automatically extend previously issued 

EADs. DHS has announced the 

extension of the TPS designation of 

Somalia and established the reregistration period at an early date to 

allow sufficient time for USCIS to 

process EAD requests prior to the March 

17, 2011 expiration date. You must 

apply during the 60-day re-registration 

period. Failure to apply during the reregistration period without good cause 

may result in a withdrawal of your TPS 

benefits. DHS strongly encourages you 

to apply as early as possible within the 

re-registration period. 

What documents may a qualified 

individual show to his or her employer 

as proof of employment authorization 

and identity when completing Form I–9? 

After March 17, 2011, a TPS 

beneficiary who chooses to present an 

EAD as a List A document may present 

his or her new EAD (Form I–766) with 

a new expiration date of September 17, 

2012, to his or her employer as proof of 

employment authorization and identity. 

The EAD will bear the notation ‘‘A–12’’ 

or ‘‘C–19’’ on the face of the card in the 

middle under ‘‘Category.’’ After March 

17, 2011, employers may not accept 

EADs that no longer have a valid date. 


hsrobinson on DSK69SOYB1PROD with NOTICES
67386 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 

Employers may not request proof of 

Somali citizenship. Employers should 

not ask for additional Form I–9 

documentation if presented with a new 

valid EAD pursuant to this Federal 

Register notice, and the EAD reasonably 

appears on its face to be genuine and to 

relate to the employee. Employees also 

may present any other legally acceptable 

document or combination of documents 

listed on the Form I–9 as proof of 

identity and employment eligibility. 

Note to Employers 

Employers are reminded that the laws 

requiring employment eligibility 

verification and prohibiting unfair 

immigration-related employment 

practices remain in full force. This 

Notice does not supersede or in any way 

limit applicable employment 

verification rules and policy guidance, 

including those rules setting forth reverification requirements. For questions, 

employers may call the USCIS Customer 

Assistance Office at 1–800–357–2099. 

Employers may also call the U.S. 

Department of Justice Office of Special 

Counsel for Immigration Related Unfair 

Employment Practices (OSC) Employer 

Hotline at 1–800–255–8155. 

Note to Employees 

Employees or applicants may call the 

OSC Employee Hotline at 1–800–255– 

7688 for information regarding the 

automatic extension. Additional 

information is available on the OSC 

Web site at http://www.justice.gov/crt/ 

osc/. 

[FR Doc. 2010–27613 Filed 11–1–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2010–0947] 

Policy for Banning of Foreign Vessels 

From Entry into United States Ports 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of policy. 

SUMMARY: The U.S. Coast Guard 

announces release of policy letter 10– 

03, Banning of Foreign Vessels. This 

policy letter outlines U.S. Coast Guard 

procedures for denying entry of certain 

foreign flagged commercial vessels into 

any port or place in the United States as 

a result of the vessel’s history of 

operating in a continuous substandard 

condition in waters subject to United 

States jurisdiction. 

DATES: This policy became effective on 

September 1, 2010. 

ADDRESSES: This notice and the policy 

letter described within it are available in 

the docket and can be viewed by going 

to http://www.regulations.gov, inserting 

USCG–2010–0947 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

policy letter is also available at http:// 

www.homeport.uscg.mil under the Port 

State Control tab; Foreign Vessel Safety; 

Banning of Foreign Vessels. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice or the 

policy, call or e-mail Lieutenant 

Commander Charles Fluke, Foreign and 

Offshore Vessels Division (CG–5432), 

U.S. Coast Guard, telephone 202–372– 

1235. If you have questions on viewing 

material in the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The U.S. Coast Guard Port State 

Control (PSC) program began in the 

United States when Congress, through 

the 1994 Department of Transportation 

Appropriations Bill, required the U.S. 

Coast Guard to change its approach to 

foreign vessel examinations. The bill 

required the U.S. Coast Guard to hold 

those most responsible for substandard 

ships accountable, including owners, 

classification societies, and flag States. 

Title 33 of the United States Code 

provides tools and authority for the U.S. 

Coast Guard to meet this mandate. 33 

U.S.C. 1228 prohibits vessels from 

operating in the navigable waters of the 

United States or transferring cargo or 

residue in any port or place under the 

jurisdiction of the United States if such 

vessels: Have a history of accidents, 

pollution incidents, or serious repair 

problems; fail to comply with applicable 

regulations, laws, or treaties; discharges 

oil or hazardous material in violation of 

law or treaty; or fails to comply with 

vessel traffic service, manning, and 

language requirements. 

In addition, 33 U.S.C. 1223(b) grants 

the authority to order any vessel in a 

port or place subject to the jurisdiction 

of the United States or in the navigable 

waters of the United States to operate or 

anchor as directed if: such vessel does 

not comply with applicable regulations, 

law, or treaty; the vessel does not satisfy 

the conditions for port entry as set out 

in 33 U.S.C. 1228; or in the interest of 

safety. 

In 1997, the U.S. Coast Guard 

published regulations to enforce 

International Maritime Organization 

(IMO) Resolution A.741 (18), titled 

‘‘International Management Code for the 

Safe Operation of Ships and for 

Pollution Prevention (International Safe 

Management [ISM] Code)’’. The U.S. 

Coast Guard also published the 

Navigation and Vessel Inspection 

Circular (NVIC) 04–05, titled, ‘‘Port State 

Control Guidelines for the Enforcement 

of Management for the Safe Operation of 

Ships (ISM) Code,’’ to provide guidance 

to both Coast Guard and industry 

personnel concerning compliance with 

the requirements of the International 

Convention for the Safety of Life at Sea 

(SOLAS), 1974, Chapter IX and the ISM 

Code. 

The cornerstone for ensuring a vessel 

is compliant with international 

standards, laws, and regulations is a 

well written and properly implemented 

Safety Management System (SMS). 

Commitment by top level company 

management and continuous 

improvement are two fundamental 

objectives of an effective SMS. 

Companies that do not embrace a safety 

culture and that repeatedly operate 

vessels in a substandard condition have 

failed to recognize the importance of 

complying with international 

conventions and standards and put their 

crews, vessels, and the marine 

environment at risk. 

Occasionally, the U.S. Coast Guard 

intercepts vessels arriving into United 

States waters that consistently 

demonstrate a substandard condition 

and, thus, fail to comply with the 

requirements found in international 

conventions and domestic regulations. 

Previously, there was no mechanism in 

place to effectively and consistently 

respond to repeat offenders. The U.S. 

Coast Guard’s Banning of Foreign 

Vessels policy should provide a 

systematic approach to addressing these 

vessels. This policy aligns the U.S. 

Coast Guard with other SOLAS 

signatory flag States who currently have 

policies and procedures in place for 

processing vessels that repeatedly 

operate in a substandard condition. 

Policy Implementation 

The U.S. Coast Guard will continue to 

screen, prioritize, and coordinate all 

foreign vessel exams in accordance with 

existing policies. When a vessel has 

been repeatedly detained (meaning 

three or more detentions within twelve 

months) and it is determined by the U.S. 

Coast Guard’s Foreign and Offshore 

Vessels Division (CG–5432) that failure 

to effectively implement the SMS was a 

contributing factor for the substandard 

condition(s) that led to the detentions, 

the vessel will be denied entry into any 

port or place in the United States in 

compliance with 33 U.S.C. 1228 and 

1223(b) until specified actions are 

completed to the satisfaction of the 

Coast Guard. 


hsrobinson on DSK69SOYB1PROD with NOTICES