Preproposal statement of inquiry was filed as WSR 98-03-025.

Title of Rule: Vessel registration and certificate of title--Confidential vessel registration, WAC 308-93-241, 308-93-242, 308-93-243, 308-93-244, and 308-93-245.

Purpose: Clarify the process of registering confidential vessels; and to meet the criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 88.02.070, 88.02.100, 88.02.120.

Summary: Clarifying WAC 308-93-241 Confidential vessel registration--Application procedure, 308-93-242 Confidential vessel program--Agency contact, 308-93-243 Confidential vessel registrations--Inventory, 308-93-244 Confidential vessel registrations--Refusal and removal, and 308-93-245 Confidential vessel registrations--Records disclosure.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street Southeast, Olympia, (360) 902-3718; Implementation and Enforcement: Nancy Kelly, 1125 Washington Street Southeast, Olympia, (360) 902-3754.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections as needed. Repeal sections as needed. Meet criteria of Executive Order 97-02.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 309, 1125 Washington Street, Olympia, WA 98507, on July 7, 1998, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by July 6, 1998, TDD (360) 664-8885, on (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by July 6, 1998.

Date of Intended Adoption: July 21, 1998.

June 1, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 92-15-023, filed 7/6/92, effective 8/6/92)

WAC 308-93-241  Confidential vessel registration--Application procedures. (((1) Requests for confidential vessel registration shall be in writing, addressed to the Administrator, Title and Registration Services, Department of Licensing, Olympia, Washington and shall be accompanied by the following:

(a) An application for confidential vessel registrations, on a form furnished by the department;

(b) An explanation in support of the request for confidential vessel registrations, on a form furnished by the department, setting the purposes for which the vessel registration will be used, and why confidential vessel registrations are necessary to accomplish this purpose;

(c) Copies of documents establishing that the vessel is owned or controlled by the agency requesting issuance of confidential vessel registrations; acceptable documents include, but are not limited to, current certificate of title or registration, manufacturer's statement of origin, court order or seizure documents;

(d) Such other documentation as the department at its own discretion may reasonably require.

(2) The request, application, and explanation shall be signed by the agency head or designated contact person.)) (1) A government agency requesting confidential vessel registration shall:

(a) Write to the department on their letterhead requesting one or more vessels be included in the confidential vessel program;

(b) Complete an application form approved by the department;

(c) Provide a copy of the current certificate of ownership or registration certificate showing the vessel is registered to the government agency.

(2) The letter of request and application shall be signed by the government agency head or designated contact person.

[Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-241, filed 7/6/92, effective 8/6/92.]

AMENDATORY SECTION (Amending WSR 92-15-023, filed 7/6/92, effective 8/6/92)

WAC 308-93-242  Confidential vessel ((registration)) program--Agency contact. (((1) Except as provided in subsection (2) of this section, the only person authorized to request issuance of confidential vessel registrations or sign correspondence pertaining to the confidential vessel registration program, is the agency head, which shall include regional federal agency administrators and military commanding officers.

(2) The agency head may designate a maximum of two additional individuals within the agency as contact persons authorized to sign applications and correspondence pertaining to the confidential vessel registration program.

(3) The agency head must submit information to the department of licensing, on a form provided by the department, indicating the name, title, address, and telephone number of each additional contact person.

(4) Upon removal or replacement of an agency head or designated contact person, the department of licensing shall be notified in writing within five days of the change, and a new form as indicated in subsection (3) of this section shall be forwarded to the department.)) (1) A government agency head or designee may apply for confidential vessel registrations or sign correspondence pertaining to confidential vessel registrations.

(2) The government agency head may designate a maximum of two agency employees to represent the agency regarding confidential vessel registrations. The government agency head shall provide the name, title, address, and telephone number of each designee.

(3) A government agency head or designee shall notify the department in writing within five days of any change in the agency head or designee.

[Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-242, filed 7/6/92, effective 8/6/92.]

AMENDATORY SECTION (Amending WSR 92-15-023, filed 7/6/92, effective 8/6/92)

WAC 308-93-243  Confidential vessel registrations--((Annual)) Inventory. ((By May 31 of each year, each agency having confidential vessel registrations in its possession shall furnish an inventory of the confidential vessel registrations to the department. The inventory shall include:

(1) A list of confidential vessel registrations;

(2) The make, year of manufacture, and identification number of each vessel bearing confidential vessel registrations;

(3) A certification, signed by the agency head or designated contact person, that all vessel registrations issued to the agency are being utilized solely for those purposes specified by RCW 88.02.035.)) (1) The department shall provide an inventory listing of vessels to each agency participating in the confidential vessel registration program. Each government agency shall verify the accuracy of the information by:

(a) Correcting any erroneous information;

(b) Delete vessels no longer in the program;

(c) Adding vessels in the program, but not shown on the inventory listing;

(d) Signing the inventory listing certifying that all confidential vessel registrations shown on the listing are being utilized under RCW 88.02.035(3); and

(e) Returning the inventory listing to the department.

(2) The department shall not renew a vessel shown on the inventory listing until the government agency has complied with the requirements of subsection (1) of this section.

[Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-243, filed 7/6/92, effective 8/6/92.]

AMENDATORY SECTION (Amending WSR 92-15-023, filed 7/6/92, effective 8/6/92)

WAC 308-93-244  Confidential vessel registrations--Refusal and removal. (((1) The department of licensing may cancel or refuse to issue or reissue a confidential vessel registration when it has reason to believe the registration is being used for purposes not authorized in RCW 88.02.035. Issuance of the registration would violate the intent or meaning of the referenced statute.

(2) When an agency no longer requires a confidential vessel registration or the registration is canceled, the validation decal must be removed and destroyed and the confidential registration returned to the department of licensing for deletion from the agency's inventory.)) (1) The department may cancel or refuse to issue or renew a confidential vessel registration when the department or chief of the Washington state patrol has reasonable cause to believe the registration is not being used for purposes authorized in RCW 88.02.035.

(2) When a government agency no longer requires a confidential vessel registration or the registration is cancelled:

(a) The government agency shall remove and destroy the validation decal and return the confidential vessel registration to the department; and

(b) The department shall delete the confidential vessel registration record from the confidential vessel program.

[Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-244, filed 7/6/92, effective 8/6/92.]

AMENDATORY SECTION (Amending WSR 92-15-023, filed 7/6/92, effective 8/6/92)

WAC 308-93-245  Confidential vessel registrations--Records disclosure. (((1) In accordance with RCW 42.17.310(2), files, records, documents, and any other information pertaining to the confidential vessel registration program shall be exempt from public inspection and copying, as such disclosure would be contrary to vital government interests.

(2) Information concerning the confidential vessel registrations issued to any particular agency shall not be released, except to the agency head or the designated contact person(s).

(3) Nothing herein shall be construed to prohibit the disclosure of statistical information which is not descriptive of the identity of the confidential vessel or its usage.)) (1) Because disclosure of confidential vessel registration information is contrary to vital government interest, the department shall not disclose files, records, documents, and any other information pertaining to the confidential vessel registration program. These records are exempt from public inspection and copying under RCW 42.17.310(2).

(2) The department shall not release information concerning confidential vessel registrations to anyone other than the government agency head or the designee of the agency that owns the vessel.

(3) The department may disclose confidential vessel statistical information if the information is not descriptive of the identity of the confidential vessel or its usage.

[Statutory Authority: RCW 88.02.035(3). 92-15-023, § 308-93-245, filed 7/6/92, effective 8/6/92.]