[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
