WSR 03-09-135

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 23, 2003, 9:32 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: Chapter 88.16 RCW.

Summary: The proposed rule reflects a tariff increase in the pension charge category only.

Reasons Supporting Proposal: A new tariff must be set annually. Current rates for the Grays Harbor pilotage district expire on July 31, 2003.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2911 2nd Avenue, Suite 100, Seattle, WA 98121, (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 annual tariff that would provide an increase in the pension charge category.

The revenue would support retirement plans for Washington state-licensed pilots.

Proposal Changes the Following Existing Rules: The proposed rule changes the existing rule in the pension charge category by increasing the amount charged per pilotage assignment from $140.00 to $172.00.

All other tariff charges remain the same.

The board may adopt a rule that varies from the proposed rule upon consideration of oral and written comments from any interested party or member of 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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Board of Pilotage Commissioners 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 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on June 12, 2003, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by June 9, 2003, (206) 515-3904.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 2nd Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3969, by June 5, 2003.

Date of Intended Adoption: June 12, 2003.

April 22, 2003

Peggy Larson

Administrator

OTS-6337.1


AMENDATORY SECTION(Amending WSR 02-13-076, filed 6/17/02, effective 6/17/02)

WAC 363-116-185   Tariffs, and pilotage rates for the Grays Harbor pilotage district.   Effective 0001 hours August 1, 2003, through 2400 hours July 31, ((2003)) 2004.

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 ( boat or helicopter

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

$774.69


Pension charge:


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

$((140.00)) 172.00


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. 02-13-076, 363-116-185, filed 6/17/02, effective 6/17/02; 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.]

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