WSR 99-12-028

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed May 25, 1999, 1:16 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Tariffs and pilotage rates for the Grays Harbor pilotage district.

Purpose: To establish a Grays Harbor pilotage district annual tariff.

Other Identifying Information: WAC 363-116-185.

Statutory Authority for Adoption: RCW 88.16.035.

Statute Being Implemented: RCW 88.16.035.

Summary: The proposed rule reflects a 41% increase in all categories to be charged for pilotage services in the Grays Harbor pilotage district for the 1999-00 tariff year.

Reasons Supporting Proposal: RCW 88.16.035 requires that a tariff be set annually.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Pilotage Commission, 2911 2nd Avenue, Seattle, WA, (206) 515-3904.

Name of Proponent: Grays Harbor Pilots Association, private.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Current rates for the Grays Harbor pilotage district expire on July 31, 1999. New rates must be set annually.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule as proposed by the Grays Harbor Pilots Association would increase the tariff for pilotage services in the Grays Harbor pilotage district by 41% over the present tariff in all categories.

Proposal Changes the Following Existing Rules: The proposed rule is a 41% increase over the existing tariff in all categories.

The board may adopt a rule that varies from the proposed rule upon consideration of presentations and written comments from other interested parties and the public.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule is being considered in the context of the required annual revision to the rates charged for pilotage services. The application of the 41% increase is clear in the proposed tariff shown below.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: 2911 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on July 8, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by July 2, 1999, (206) 515-3904.

Submit Written Comments to: Mr. Larry Vognild, Chairman, fax (206) 515-3969, by July 1, 1999.

Date of Intended Adoption: July 8, 1999.

May 24, 1999

Peggy Larson

Administrator

OTS-3053.1


AMENDATORY SECTION(Amending WSR 98-19-036, filed 9/11/98, effective 9/15/98)

WAC 363-116-185
Tariffs, and pilotage rates for the Grays Harbor pilotage district.

Effective 0001 hours on ((9-15-98)) 8-1-99 through 2400 hours ((7-31-99)) 7-31-00.

CLASSIFICATION OF PILOTAGE SERVICE RATE





Piloting of vessels in the inland waters and tributaries of Grays Harbor:


Each vessel shall be charged according to its draft and tonnage.  The draft charges shall be (($61.89)) $87.26 per meter (or (($18.83)) $26.55 per foot) and the tonnage charge shall be (($0.1974)) $0.2783 per net registered ton.  The minimum net registered tonnage charge is (($690.60)) $973.75.  The charge for an extra vessel (in case of tow) is (($394.65)) $556.46.


Boarding fee:


Per each boarding/deboarding from a

boat . . . . . . . . . . . .

(($297.75)) $419.83


Harbor shifts:


For each shift from dock to dock, dock to anchorage, anchorage to dock, or anchorage to anchorage . . . . . . . . . . . .

(($495.05)) $698.02

Delays per hour . . . . . . . . . . . . (($118.05)) $166.45
Cancellation charge (pilot only) . . . . . . . . . . . . (($197.31)) $278.21
Cancellation charge (pilot boat

only) . . . . . . . . . . . .

(($591.95)) $834.65


Travel allowance:


Boarding or deboarding a vessel off Grays Harbor entrance . . . . . . . . . . . .

(($91.62)) $129.18

Pilot when traveling to an outlying port to join a vessel or returning through an outlying port from a vessel which has been piloted to sea shall be paid (($690.62)) $973.77 for each day or fraction thereof, and the travel expense incurred . . . . . . . . . . . .

(($690.62)) $973.77


Bridge transit:


Charge for each bridge transited . . . . . . . . . . . . (($216.71)) $305.56
Additional surcharge for each bridge transited for vessels in excess of 27.5 meters in beam . . . . . . . . . . . . (($600.00)) $846.00

Miscellaneous:
The balance of amounts due for pilotage rates not paid within 30 days of invoice will be assessed at 1 1/2% per month late charge.

[Statutory Authority: RCW 88.16.035.  98-19-036, 363-116-185, filed 9/11/98, effective 9/15/98; 97-15-120, 363-116-185, filed 7/23/97, effective 8/1/97.  Recodified as 363-116-185.  97-08-042, filed 3/28/97, effective 3/28/97.  Statutory Authority: RCW 88.16.035.  96-14-062, 296-116-185, filed 6/28/96, effective 8/1/96; 95-13-054, 296-116-185, filed 6/16/95, effective 8/1/95; 94-05-006, 296-116-185, filed 2/3/94, effective 3/6/94; 93-13-055, 296-116-185, filed 6/16/93, effective 7/17/93; 93-03-080, 296-116-185, filed 1/19/93, effective 2/19/93; 92-14-069, 296-116-185, filed 6/26/92, effective 7/27/92; 91-08-008, 296-116-185, filed 3/26/91, effective 4/26/91; 90-09-013, 296-116-185, filed 4/6/90, effective 5/7/90; 89-08-042 (Order 89-3, Resolution No. 89-3), 296-116-185, filed 3/31/89; 88-05-043 (Order 88-2, Resolution No. 88-2), 296-116-185, filed 2/17/88, effective 3/21/88.  Statutory Authority: RCW 88.16.035(4).  87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), 296-116-185, filed 12/19/86; 85-02-048 (Order 84-5, Resolution No. 84-5), 296-116-185, filed 12/31/84; 83-15-012 (Order 83-3, Resolution No. 83-3), 296-116-185, filed 7/12/83; 82-08-016 (Order 82-1, Resolution No. 82-1), 296-116-185, filed 3/29/82; 81-07-009 (Order 81-1, Resolution No. 81-1), 296-116-185, filed 3/6/81; 80-03-081 (Order 79-6, Resolution No. 79-6), 296-116-185, filed 3/4/80; Order 2-68, 296-116-185, filed 11/1/68.]

Washington State Code Reviser's Office