WSR 97-15-109

EMERGENCY RULES

TRANSPORTATION COMMISSION

[Order 84--Filed July 22, 1997, 8:11 a.m., effective July 27, 1997]

Date of Adoption: July 16, 1997.

Purpose: WAC 466-07-010 and 468-300-210 are repealed due to 1997 legislation. WAC 468-300-220 will implement that legislation.

Citation of Existing Rules Affected by this Order: Repealing WAC 466-07-010 and 468-300-210.

Statutory Authority for Adoption: RCW 47.01.061, 47.56.032, and chapter 323, Laws of 1997.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Chapter 323, Laws of 1997, specifies the conditions for chartering Washington state ferries vessels and stipulates that charter rates must comply with statutorily specified criteria. Because of the effective date of the legislation, WAC 468-300-220 must be effective on the same date, July 27, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 2.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: July 27, 1997.

July 16, 1997

Alice B. Tawresey

Chair

NEW SECTION

WAC 468-300-220 Calculation of charter rates for vessels owned by the Washington state ferry system. Pursuant to chapter 323, Laws of 1997, vessels owned by the Washington state ferry system may be made available for charter subject to operational availability. Execution of a charter agreement as set forth in the statute must precede a commitment to charter. The following actual hourly vessel operating costs have been calculated for establishing the rates to be charged for vessel charters from July 27, 1997, through June 30, 1998:

Deck Crew Deck Crew

Vessel Class On Overtime Not On Overtime

Jumbo $987.69 808.53

Super 949.27 776.27

Evergreen 725.99 582.84

Issaquah 723.97 594.50

Steel 602.60 489.58

Rhododendron 575.60 462.58

Hiyu 430.27 356.31

Passenger Only 420.05 359.75

The rate for an individual charter will be calculated by:

(1) Multiplying the actual operating cost set forth above for the vessel that is chartered by the number of hours, or fraction thereof, for which the vessel is chartered;

(2) Adding labor costs, mileage and per diem expenses to determine the total actual costs if the particular charter requires a crew callout; and

(3) Increasing the total actual costs calculated pursuant to subsections (1) and (2) of this section by fifty percent, and rounding to the nearest fifty dollars.

In the case of charters for the transport of hazardous materials, the transporter is required to pay for all legs necessary to complete the charter, even if the vessel is simultaneously engaged in an operational voyage on behalf of the Washington state ferry system.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 468-300-210 Transporting hazardous materials on Washington state ferries.

REPEALER

The following chapter of the Washington Administrative Code is repealed: