WSR 03-06-061

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed March 3, 2003, 8:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-24-069.

Title of Rule: Docking and undocking of certain vessels by the vessels' masters.

Purpose: To establish a clear master/pilot relationship during certain maneuvers aboard certain passenger vessels.

Other Identifying Information: WAC 363-116-365.

Statutory Authority for Adoption: RCW 88.16.035.

Statute Being Implemented: Chapter 88.16 RCW.

Summary: The proposed rule clarifies that Washington state-licensed pilots may consent to the masters of certain passenger vessels maneuvering their own vessels into and out of their berths.

Reasons Supporting Proposal: Existing regulations are not clear whether such consent may be given by Washington state-licensed pilots.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2911 Second Avenue, Suite 100, Seattle, WA 98121, (206) 515-3904.

Name of Proponent: Washington State Board of Pilotage Commissioners, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule as proposed specifically provides that Washington state-licensed pilots may consent to the masters of passengers vessels maneuvering their own vessels into and out of their berths, and establishes the circumstances for giving such consent. This rule will make it clear that such consent may be given, which provides for consistency with the pilotage practices of many other states and British Columbia.

The anticipated effects of this rule will be to provide consistency of the practices of pilots in giving such consent and to make it clear that such consent may be given under appropriate circumstances.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Board of Pilotage Commissioner concludes that implementation of this new rule does not impose a more than minor cost on businesses in the shipping industry and, therefore, a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

RCW 34.05.328 does not apply to this rule adoption. The Washington State Board of Pilotage Commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).

Hearing Location: 2911 Second Avenue, Level B Conference Room, Seattle, WA 98121, on April 9, 2003, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by April 6, 2003.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 Second Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3969, by April 2, 2003.

Date of Intended Adoption: April 9, 2003.

February 27, 2003

Peggy Larson

Administrator

OTS-6248.1


NEW SECTION
WAC 363-116-365   Docking and undocking of certain vessels by the vessels' masters.   On a passenger vessel not requiring a tug for docking or undocking, the master of the vessel may maneuver the vessel into or out of its berth under the following procedures and conditions:

(1) The master may not commence maneuvering the vessel until the express consent of the pilot has been given;

(2) Any such consent shall be on a case-by-case basis and be valid only for that specific berthing or departure;

(3) The master may not delegate maneuvering responsibility for the vessel to an officer other than the vessel's staff captain;

(4) The exact location for the exchange of maneuvering responsibilities between the pilot and the master must be part of the consent and the exchange must always occur in close proximity (within approximately the vessel's length) to the vessel's berth; and

(5) While the master is maneuvering the vessel pursuant to this section, the pilot shall remain available to advise and assist the master and the master shall be responsible for keeping the pilot informed as to all material aspects of the master's maneuvering of the vessel.

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