[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6542-6543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3698]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 1

[CGD 95-055]
RIN 2115-AF18


Recreational Vessel Fees

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: As part of the President's Regulatory Reinvention Initiative 
review, the Coast Guard is removing obsolete regulations requiring 
payment of recreational vessel fees (RVF). The High Seas Driftnet 
Fisheries Enforcement Act of 1992 repealed the authority for RVF 
beginning with fiscal year 1995. The Coast Guard stopped collecting the 
fees on October 1, 1994. The RVF regulations are no longer valid and 
are being removed from the Code of Federal Regulations.

EFFECTIVE DATE: February 21, 1996.

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 

[[Page 6543]]
Friday, except Federal holidays. The telephone number is (202) 267-
1477.

FOR FURTHER INFORMATION CONTACT: Carlton Perry, Project Manager, 
Auxiliary, Boating, and Consumer Affairs Division, (202) 267-0979.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Omnibus Budget Reconciliation Act of 1990 (the Act) amended 46 
U.S.C. 2110 and required 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. 
The Act applied to recreational vessels greater than 16 feet in length, 
operated on the navigable waters of the United States where the Coast 
Guard has a presence. The Coast Guard issued regulations in 33 CFR 
subpart 1.30 to implement the Act, after notice and public comment (56 
FR 30244; July 1, 1991).
    Section 501 of the High Seas Driftnet Fisheries Enforcement Act 
(Pub. L. 102-582), enacted November 2, 1992, amended 46 U.S.C. 
2110(b)(1) to reduce the number of recreational vessels subject to the 
annual fee by changing the vessel length categories subject to the fee 
for fiscal years 1993 and 1994, and by eliminating the fee on October 
1, 1994. The Coast Guard revised 33 CFR subpart 1.30 by publishing an 
interim final rule (58 FR 8884; February 17, 1993) and final rule (59 
FR 22129; April 29, 1994).
    As part of the President's Regulatory Reinvention Initiative 
review, the Coast Guard is removing the regulations which established a 
recreational vessel fee (RVF). This rule is the final action to 
implement Pub. L. 102-582. It removes the RVF regulations in 33 CFR 
Subpart 1.30 which are no longer necessary.
    Because the fees were eliminated by Pub. L. 102-582 on 1 October, 
1994, and the fees have not been collected since then, the Coast Guard 
finds good cause, under 5 U.S.C. 553 (b)(3)(B) and (d)(3), why notice 
and public procedure before publication of the rule are unnecessary and 
that the rule should be made effective in less than 30 days after 
publication.

Regulatory Evaluation

    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, nor 
has it been reviewed by the Office of Management and Budget. 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 rule to be so 
minimal that a full Regulatory Assessment is unnecessary.

Collection of Information

    The information collection approved for 33 CFR subpart 1.30 by the 
Office of Management and Budget (OMB) under section 3504(h) of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) expired on January 1, 
1995. The subpart number was 33 CFR subpart 1.30 and the former 
corresponding OMB approving number was OMB Control Number 2115-0588. 
This rule contains no collection-of-information requirements under the 
Paperwork Reduction Act.

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.e(34)(a) 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.

Subpart 1.30--[Removed]

    Under the authority of 14 U.S.C. 633, subpart 1.30 is removed.

    Dated: February 5, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 96-3698 Filed 2-20-96; 8:45 am]
BILLING CODE 4910-14-M