WSR 02-10-081

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 29, 2002, 10:15 a.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 includes language regarding the pilot's use of a helicopter. The proposed rule reflects a tariff increase in the pension charge category.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2911 2nd Avenue, Suite 100, Seattle, WA, (206) 515-3904.

Name of Proponent: Port of Grays Harbor, public.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: All requirements necessary to amend the existing Grays Harbor pilotage district tariff as set forth in chapter 53.08 RCW have been met.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule as proposed would set a new tariff that would provide an increase in the pension charge category. This revenue would support retirement plans for Washington state-licensed pilots.

The proposed rule also amends the boarding fee category as well as the harbor shift category by no longer limiting those tariff charges to the use of a boat. The new tariff will provide the ability to charge the related fees when using a helicopter.

The above-described amendment referring to the use of a helicopter is currently in effect under an emergency rule that will expire on June 20, 2002. At certain times, the use of a helicopter for boarding and deboarding has been determined to be more appropriate in order to insure safety. The proponents of the proposed rule wish to retain the provisions relating to helicopter charges.

Proposal Changes the Following Existing Rules: The proposed rule changes the existing rule in only three categories: (1) Boarding fee; (2) harbor shifts; and (3) pension charge, as described above. All other tariff charges remain the same.

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 setting of rates charged for pilotage services. The application of the modifications is clear in the attached proposed tariff.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: 2911 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on June 13, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by June 10, 2002.

Submit Written Comments to: Harry Dudley, Chairman, 2911 2nd Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3969, by June 6, 2002.

Date of Intended Adoption: June 13, 2002.

April 22, 2002

Peggy Larson

Administrator

OTS-5632.1


AMENDATORY SECTION(Amending WSR 01-18-049, filed 8/30/01, effective 9/30/01)

WAC 363-116-185   Tariffs, and pilotage rates for the Grays Harbor pilotage district.   Effective through 2400 hours July 31, ((2002)) 2003.


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 $80.99 per meter (or $24.64 per foot) and the tonnage charge shall be $0.2583 per net registered ton. The minimum net registered tonnage charge is $903.79. The charge for an extra vessel (in case of tow) is $516.48.


Boarding fee:


Per each boarding/deboarding from a

boat or helicopter . . . . . . . . . . . .

$389.67


Harbor shifts:


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

$647.88

Delays per hour . . . . . . . . . . . . $154.49
Cancellation charge (pilot only) . . . . . . . . . . . . $258.22
Cancellation charge (((pilot)) boat or helicopter

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

$774.69


Pension charge:


Charge per pilotage assignment, including cancellations . . . . . . . . . . . .

(($101.00)) $140.00


Travel allowance:


Transportation fee per assignment . . . . . . . . . . . . $55.00
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 $903.82 for each day or fraction thereof, and the travel expense

incurred . . . . . . . . . . . .

$903.82


Bridge transit:


Charge for each bridge transited . . . . . . . . . . . . $283.61
Additional surcharge for each bridge transited for vessels in excess of 27.5 meters in beam . . . . . . . . . . . . $785.22

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. 01-18-049, 363-116-185, filed 8/30/01, effective 9/30/01; 01-13-066, 363-116-185, filed 6/18/01, effective 6/18/01; 00-13-097, 363-116-185, filed 6/21/00, effective 8/1/00; 99-16-027, 363-116-185, filed 7/27/99, effective 8/1/99; 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