[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR28.60]

[Page 334]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 28_REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS--
Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 28.60  Exemption letter.

    (a) Types of exemptions. (1) Specific exemption means an exemption 
for an individual commercial fishing industry vessel.
    (2) Class exemption means an exemption for a class or fleet of 
commercial fishing industry vessels.
    (b) Exemption procedure. A request for an exemption of either type 
must be in writing, have specific reasons for the request, and be sent 
to the Coast Guard District Office having jurisdiction over the waters 
where the vessel(s) will be operating. Coast Guard District geographical 
areas are described in 33 CFR part 3. The District Commander will review 
the request to determine that:
    (1) Good cause exists for granting an exemption; and
    (2) The safety of the vessel and those on board will not be 
adversely affected.
    (c) The District Commander will either approve or deny the request 
in writing. In granting a request, the District Commander will specify 
the terms under which the exemption is granted and distribute the letter 
describing these terms to the party or parties requesting the exemption.
    (d) Exemption letter. Exemption letters, or suitable copies, 
describing the terms under which the exemption is granted shall be 
maintained at all times on board each vessel to which any exemption 
applies.
    (e) Right of appeal. Any person directly affected by a decision or 
action taken under this part may appeal in accordance with Sec. 1.03 of 
this chapter.
    (f)Rescinding an exemption letter. Exemptions granted may be 
rescinded by the District Commander if it is subsequently determined 
that the safety of the vessel and those onboard is adversely affected.

[CDG 96-046, 62 FR 46675, Sept. 4, 1997]