[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10177]


[[Page Unknown]]

[Federal Register: April 29, 1994]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 1

[CGD 92-066]
RIN 2115-AE32

 

Recreational Vessel Fees

AGENCY: Coast Guard, DOT.

ACTION: Adoption of interim rule as final.

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SUMMARY: This rule adopts as final, the changes to Recreational Vessel 
Fee regulations which were published as an interim final rule on 
February 17, 1993. The interim final rule changed the length categories 
of recreational vessels subject to the recreational vessel fee (RVF) 
for calendar years 1993 and 1994, as required by the High Seas Driftnet 
Fisheries Enforcement Act of 1992. This final rule also removes Lake 
Roosevelt, WA, from the listing of specific waters where the Coast 
Guard has a presence.

EFFECTIVE DATE: April 29, 1994.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.
    Refunds. Written requests for refunds for RVF decals may be mailed 
to the U.S. Recreational Vessel Fee Program, P.O. Box 11066, Des 
Moines, IA 50336-1066, until September 30, 1994. After that date, RVF 
related correspondence should be mailed to Commandant (G-NAB-5), U.S. 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.

FOR FURTHER INFORMATION CONTACT:
Ms. Nancy Campbell-Jones, Auxiliary, Boating, and Consumer Affairs 
Division, (202) 267-6717. A copy of this notice may be obtained by 
calling the Coast Guard's toll-free Boating Safety Hotline, 1-800-368-
5647. In Washington, DC, call 267-0780.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Carlton Perry, Project Manager, Auxiliary, Boating, and Consumer 
Affairs Division, and C.G. Green, Project Counsel, Office of Chief 
Counsel.

Regulatory History

    On February 17, 1993, the Coast Guard published an interim final 
rule entitled ``Recreational Vessel Fees'' in the Federal Register (58 
FR 8884). The rule was made effective on October 1, 1992, to coincide 
with the effective date of the statutory revisions in section 501 of 
the High Seas Driftnet Fisheries Enforcement Act of 1992 (Pub. L. 102-
582). A delay in amending the existing regulations could have resulted 
in vessel owners or operators paying a fee which was no longer 
required. The Coast Guard received one letter commenting on the interim 
final rule; it supported the announced phaseout of the fees. No public 
hearing was requested and none was held. On March 17, 1994 (59 FR 
12549), the Coast Guard published a technical amendment to restore text 
in the CFR mistakenly removed by the interim final rule.

Background and Purpose

    The Omnibus Budget Reconciliation Act of 1990 amended section 2110 
of title 46, United States Code, to require the Secretary of 
Transportation to establish a fee or charge for recreational vessels 
and to collect it annually in fiscal years (FY) 1991 through 1995 from 
the vessel owner or operator.
    Section 501 of the High Seas Driftnet Fisheries Enforcement Act, 
enacted October 16, 1992, amends 46 U.S.C. 2110(b)(1) to limit 
collection of the annual fee to fiscal years 1993 and 1994, to reduce 
the number of recreational vessels subject to the annual fee by 
limiting the vessel length categories partially in fiscal year 1993 and 
even more in 1994, and to rescind the fee in fiscal year 1995.
    This rule adopts the interim final rule, as corrected.
    This rule also removes Lake Roosevelt (WA) as a specific body of 
water on which the fee applies. Lake Roosevelt (WA) was originally 
listed in Sec. 1.30-1(e) due to an actual Coast Guard presence for 
maintaining aids to navigation. The Coast Guard entered into a 
memorandum of agreement transferring maintenance of the aids to 
navigation on Lake Washington to the National Park Service in January 
1993. With this transfer, the Coast Guard no longer has an actual 
presence on Lake Roosevelt and the fees should no longer apply on the 
Lake. In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation and good cause exists for 
making it effective in less than 30 days after Federal Register 
publication. Publishing an NPRM and delaying its effective date would 
be contrary to the public interest to relieve owners or operators of 
vessels on Lake Washington no longer subject to the fees from 
unnecessarily paying the fees.

Assessment

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26,1979). The Coast Guard expects the economic impact of this 
rulemaking to be so minimal that a full regulatory evaluation is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of rulemaking is required. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Since this rule applies only to recreational vessels, 
the Coast Guard has determined that this rule will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This rulemaking reduces the collection-of-information requirements 
approved by the Office of Management and Budget (OMB) under section 
3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The 
subpart number is 33 CFR 1.30 and the corresponding OMB approval number 
is OMB Control Number 2115-0588.

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties, Fees.

    For the reasons set out in the preamble the interim rule published 
on February 17, 1993 (58 FR 8884) amending 33 CFR Part 1 is confirmed 
as final with the following change:

PART 1--[AMENDED]

Subpart 1.30--[Amended]

    1. The authority citation for 33 CFR subpart 1.30 continues to read 
as follows:

    Authority: 46 U.S.C. 2110; 49 CFR 1.46.


Sec. 1.30--1  [Removed and Reserved]

    2. Paragraph (e)(3) of Sec. 1.30-1 is removed and reserved.

    Dated: April 15, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 94-10177 Filed 4-28-94; 8:45 am]
BILLING CODE 4910-14-M