WSR 03-18-069

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed August 29, 2003, 10:00 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 amend the 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 new tonnage charge for vessels calling at the new bulk loading facility starting up at Port of Grays Harbor Terminal 2.

Reasons Supporting Proposal: In an effort to make the pilotage services more equitable for this class of vessel calling on the district, a pilotage service charge that is a flat rate rather than based on registered tonnage and draft is proposed.

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 amend the annual tariff by adding a pilotage service charge that is a flat rate rather than based on registered tonnage and draft, for the larger class of vessel that will be calling at the new bulk loading facility starting up at Port of Grays Harbor Terminal 2.

Proposal Changes the Following Existing Rules: The proposed rule amends the existing rule by adding a flat rate service charge for vessels calling at the new bulk loading facility starting up at Port of Grays Harbor Terminal 2.

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 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 October 9, 2003, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by October 6, 2003, (206) 515-3904.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 2nd Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3906, by October 2, 2003.

Date of Intended Adoption: October 9, 2003.

August 28, 2003

Peggy Larson

Administrator

OTS-6611.1


AMENDATORY SECTION(Amending WSR 03-14-042, filed 6/24/03, effective 8/1/03)

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, 2004.

CLASSIFICATION OF PILOTAGE SERVICE RATE



Fees for piloting of vessels in the inland waters and tributaries of Grays Harbor shall consist of the following:


Draft and tonnage fees:


Each vessel shall be charged according to its draft and tonnage for each vessel movement both inbound to the Grays Harbor pilotage district, and outbound from the district. 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.


In lieu of the draft and tonnage fees listed above, each vessel that calls, and loads or discharges cargo, at Port of Grays Harbor Terminal No. 2 shall be charged $5,000 for each vessel movement both inbound to the district, and outbound from the district.


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 . . . . . . . . . . . .

$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. 03-14-042, 363-116-185, filed 6/24/03, effective 8/1/03; 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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