Head and Gut Fleet; Guidance for Implementation of the Alternate Compliance and Safety Agreement Program, 12373-12374 [E9-6422]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12373-12374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6422]


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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 202-372-1245, e-mail 
Michael.M.Rosecrans@uscg.mil.
    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

    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 https://www.fishsafe.info/acsaguidance. 
This guidance document reiterates and clarifies information already 
provided in the ACSA Program governing guidance of the G-PCV Policy

[[Page 12374]]

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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