[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Notices]
[Page 12373-12374]
[DOCID:fr24mr09-83]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0169]

Head and Gut Fleet; Guidance for Implementation of the Alternate
Compliance and Safety Agreement Program

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of guidance for
implementation of the Alternate Compliance and Safety Agreement program
for ``head and gut fleet'' vessels. The guidance clarifies various
elements contained in the original 2006 policy letter relating to that
program, and in a 2006 Federal Register notice that announced the
availability of that policy letter. Among these elements is the
issuance of a conditional load line exemption for head and gut vessels.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail M. M. Rosecrans, Chief, Fishing Vessel Safety Division
(CG-5433), U.S. Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>    If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    In the August 22, 2006 Federal Register (71 FR 48932), we announced
the availability of Coast Guard G-PCV policy letter 06-03, concerning
the applicability of vessel classification and load line requirements
set by 46 CFR Part 28, Subpart F, and 46 CFR Subchapter E to ``head and
gut fleet'' vessels. The head and gut (H&G) fleet consists of
approximately 60 vessels that operate in the Gulf of Alaska and the
Bering Sea/Aleutian Island fisheries. Crews on H&G vessels not only
catch fish, but also freeze and package the catch for later
distribution to foreign and domestic markets. Due to the age of most
H&G vessels and the costs associated with compliance, the majority of
the H&G fleet cannot comply with classification and load line
requirements. The policy announced in 2006 provides a safe and
economical alternative: H&G vessel owners may apply for and be granted
an exemption from those requirements, so long as they meet Alternate
Compliance and Safety Agreement (ACSA) program elements that provide an
equivalent level of safety. The ACSA Program was developed in 2006 to
process individual requests for exemption letters under 46 CFR 28.60.
The Program allows exemptions to the class and Load Line requirements
while at the same time creating improved safety requirements for these
vessels, thereby avoiding the incentive to operate strictly as
uninspected fishing vessels. ACSA vessel owners work with the Coast
Guard to develop alternative standards for their vessels, and
compliance with those standards is facilitated through voluntary vessel
examination by Coast Guard personnel. Guidance for implementation of
the ACSA program is available at http://www.fishsafe.info/acsaguidance.
This guidance document reiterates and clarifies information already
provided in the ACSA Program governing guidance of the G-PCV Policy

Letter 06-03, as supplemented by the ACSA Implementation Message issued
in 2008, which is attached as Annex 4 at the end of the guidance
document.
    Specifically, the guidance document provides new details with
respect to the exemption of H&G vessels from the load line
requirements, which is contained in the ACSA Implementation Message.
Because H&G vessels engage in catching fish, they meet the definition
of ``fishing vessel'' under the International Convention on Load Lines,
1966, and are not subject to international load line requirements. In
accordance with 46 U.S.C. 5108(a)(1), a vessel entitled to an exemption
under an international agreement may also be granted an exemption under
U.S. law. Therefore, a District Commander may exempt an owner's H&G
vessel from domestic voyage load line requirements, pursuant to 46 CFR
42.03-30, upon verification by the Officer in Charge, Marine Inspection
that the vessel is fully enrolled and in compliance with the elements
of the ACSA program. This exemption may be granted at the same time the
vessel is granted an exemption from classification requirements,
pursuant to 46 CFR 28.60, and noted in the same exemption letter in
lieu of a separate load line exemption certificate.

    Dated: March 18, 2009.
Rear Admiral James A. Watson,
Director of Prevention Policy.
[FR Doc. E9-6422 Filed 3-23-09; 8:45 am]

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