WSR 06-10-037

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 28, 2006, 9:13 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 363-116-185 Tariffs, and pilotage rates for the Grays Harbor pilotage district.

Hearing Location(s): 2901 Third Avenue, 4th Floor Rainier Conference Room, Seattle, WA 98121, on June 8, 2006, at 9:30 a.m.

Date of Intended Adoption: June 8, 2006.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2901 Third Avenue, Suite 500, Seattle, WA 98121, e-mail larsonp@wsdot.wa.gov, fax (206) 515-3906, by June 1, 2006.

Assistance for Persons with Disabilities: Contact Judy Bell by June 5, 2006, (206) 515-3647.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to establish a 2006-2007 annual tariff for the Grays Harbor pilotage district.

The proposed rule reflects a 3% increase in the vessel draft charge, the vessel tonnage charge, the minimum net registered tonnage charge, and the charge per vessel movement calling at Terminal No. 2.

A new provision is proposed that will allow a vessel to berth at Terminal No. 4 (without loading or discharging cargo) in the case that Terminal No. 2 is not available upon arrival.

It is proposed that the charge for an extra vessel (in case of tow) is increased by .68%.

It is also proposed that the pension charge be decreased by $9 per pilotage assignment, including cancellations.

All other tariff charges remain the same.

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

Statutory Authority for Adoption: RCW 88.16.035.

Statute Being Implemented: Chapter 88.16 RCW.

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

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, 2006. New rates must be set accordingly.

All requirements necessary to amend the existing Grays Harbor pilotage district tariff as set forth in chapter 53.08 RCW have been met.

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

Name of Proponent: Port of Grays Harbor, public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2901 Third Avenue, Seattle, WA 98121, (206) 515-3904.

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 and the application of the rate changes is clear in the attached proposed tariff.

A cost-benefit analysis is not required under RCW 34.05.328. 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).

April 27, 2006

Peggy Larson

Administrator

OTS-8811.1


AMENDATORY SECTION(Amending WSR 05-14-029, filed 6/24/05, effective 8/1/05)

WAC 363-116-185   Tariffs, and pilotage rates for the Grays Harbor pilotage district.   Effective 0001 hours August 1, ((2005)) 2006, through 2400 hours July 31, ((2006)) 2007.


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 inbound to the Grays Harbor pilotage district, and for each movement outbound from the district. The draft charges shall be (($90.00)) $92.70 per meter (or (($27.43)) $28.25 per foot) and the tonnage charge shall be (($0.2583)) $0.266 per net registered ton. The minimum net registered tonnage charge is (($903.79)) $930.00. The charge for an extra vessel (in case of tow) is (($516.48)) $520.00.


Provided that, due to unique circumstances in the Grays Harbor pilotage district, vessels that call, and load or discharge cargo, at Port of Grays Harbor Terminal No. 2 shall be charged (($5,000)) $5,150.00 per movement for each vessel movement inbound to the district for vessels that go directly to Terminal No. 2, or that go to anchor and then go directly to Terminal No. 2, or because Terminal No. 2 is not available upon arrival that go to layberth at Terminal No. 4 (without loading or discharging cargo) and then go directly to Terminal No. 2, and for each vessel movement outbound from the district from Terminal No. 2, and that this charge shall be in lieu of only the draft and tonnage fees listed above.


Boarding fee:


Per each boarding/deboarding from a

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

$1000.00

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 . . . . . . . . . . . . (($180.00)) $171.00

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. 05-14-029, 363-116-185, filed 6/24/05, effective 8/1/05; 04-14-018, 363-116-185, filed 6/28/04, effective 8/1/04; 03-21-089, 363-116-185, filed 10/17/03, effective 11/17/03; 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.]

Washington State Code Reviser's Office