WSR 06-21-076

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed October 17, 2006, 8:35 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district.

     Hearing Location(s): 2901 Third Avenue, 4th Floor, Rainier Conference Room, Seattle, WA 98121, on December 14, 2006, at 9:30 a.m.

     Date of Intended Adoption: December 14, 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 December 7, 2006.

     Assistance for Persons with Disabilities: Contact Judy Bell by December 11, 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 amend the Puget Sound pilotage district tariff regarding the training surcharge.

     The proposed rule reflects the deletion of the initial training surcharge of $10.00 per vessel assignment that was used to establish a fund for payment of pilot trainee stipends.

     The proposed rule also reflects a decrease in the amount of the additional training surcharge added to each vessel assignment from $10.00 to $5.00.

     Reasons Supporting Proposal: The amount of training surcharge was based on a traffic level of six hundred vessel assignments per month. The fund balance has exceeded the amount necessary to pay trainee stipends due to the actual vessel traffic being higher than projected.

     In order to reduce the balance in the fund, the initial surcharge has been eliminated and the additional surcharge has been reduced.

     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: 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: Board of pilotage commissioners, governmental.

     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 being considered will decrease the amount charged to vessels calling in Puget Sound.

     The application of the proposed decrease is clear in the description of the proposal and its anticipated effects as well as the proposed tariff below.

     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).

October 16, 2006

Peggy Larson

Administrator

OTS-9324.1


AMENDATORY SECTION(Amending WSR 06-12-009, filed 5/26/06, effective 7/1/06)

WAC 363-116-300   Pilotage rates for the Puget Sound pilotage district.   Effective 0001 hours ((July 1, 2006)) January 15, 2007, through 2400 hours June 30, 2007.


CLASSIFICATION RATE
Ship length overall (LOA)
Charges:
Per LOA rate schedule in this section.
Boarding fee: $43.00
Per each boarding/deboarding at the Port Angeles pilot station.
Harbor shift - Live ship (Seattle Port) LOA Zone I
Harbor shift - Live ship (other than Seattle Port) LOA Zone I
Harbor shift - Dead ship Double LOA Zone I
Towing charge - Dead ship: Double LOA Zone
LOA of tug + LOA of tow + beam of tow

Any tow exceeding seven hours, two pilots are mandatory. Harbor shifts shall constitute and be limited to those services in moving vessels from dock to dock, from anchorage to dock, from dock to anchorage, or from anchorage to anchorage in the same port after all other applicable tariff charges for pilotage services have been recognized as payable.


Compass Adjustment $310.00
Radio Direction Finder Calibration $310.00
Launching Vessels $466.00
Trial Trips, 6 hours or less (minimum $876.00) $146.00 per hour
Trial Trips, over 6 hours (two pilots) $291.00 per hour
Shilshole Bay – Salmon Bay $182.00
Salmon Bay – Lake Union $141.00
Lake Union – Lake Washington (plus LOA zone from Webster Point) $182.00
Cancellation Charge LOA Zone I
Cancellation Charge – Port Angeles: LOA Zone II
(When a pilot is ordered and vessel proceeds to a port outside the Puget Sound pilotage district without stopping for a pilot or when a pilot order is canceled less than twelve hours prior to the original ETA.)

Waterway and Bridge Charges:

Ships up to 90' beam:

A charge of $229.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle, south of Eleventh Street in any of the Tacoma waterways, in Port Gamble, or in the Snohomish River. Any vessel movements required to transit through bridges shall have an additional charge of $109.00 per bridge.


Ships 90' beam and/or over:

A charge of $311.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle and south of Eleventh Street in any of the Tacoma waterways. Any vessel movements required to transit through bridges shall have an additional charge of $217.00 per bridge.


(The above charges shall not apply to transit of vessels from Shilshole Bay to the limits of Lake Washington.)


Two or three pilots required:

In a case where two or three pilots are employed for a single vessel waterway or bridge transit, the second and/or third pilot charge shall include the bridge and waterway charge in addition to the harbor shift rate.


Docking Delay After Anchoring:

Applicable harbor shift rate to apply, plus $236.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof.

Sailing Delay:

No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof. The assessment of the standby fee shall not exceed a period of twelve hours in any twenty-four-hour period.


Slowdown:

When a vessel chooses not to maintain its normal speed capabilities for reasons determined by the vessel and not the pilot, and when the difference in arrival time is one hour, or greater, from the predicted arrival time had the vessel maintained its normal speed capabilities, a charge of $236.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.


Delayed Arrival – Port Angeles:

When a pilot is ordered for an arriving inbound vessel at Port Angeles and the vessel does not arrive within two hours of its ETA, or its ETA is amended less than six hours prior to the original ETA, a charge of $236.00 for each hour delay, or fraction thereof, shall be assessed in addition to all other appropriate charges.


When a pilot is ordered for an arriving inbound vessel at Port Angeles and the ETA is delayed to six hours or more beyond the original ETA, a cancellation charge shall be assessed, in addition to all other appropriate charges, if the ETA was not amended at least twelve hours prior to the original ETA.


Tonnage Charges:

0 to 20,000 gross tons:

Additional charge to LOA zone mileage of $0.0073 a gross ton for all gross tonnage up to 20,000 gross tons.


20,000 to 50,000 gross tons:

Additional charge to LOA zone mileage of $0.0751 a gross ton for all gross tonnage in excess of 20,000 gross tons up to 50,000 gross tons.


50,000 gross tons and up:

In excess of 50,000 gross tons, the charge shall be $0.0900 per gross ton.


For vessels where a certificate of international gross tonnage is required, the appropriate international gross tonnage shall apply.


Transportation to Vessels on Puget Sound:


March Point or Anacortes $157.00
Bangor 153.00
Bellingham 181.00
Bremerton 135.00
Cherry Point 209.00
Dupont 97.00
Edmonds 35.00
Everett 59.00
Ferndale 199.00
Manchester 131.00
Mukilteo 53.00
Olympia 125.00
Point Wells 35.00
Port Gamble 185.00
Port Townsend (Indian Island) 223.00
Seattle 15.00
Tacoma 71.00

     (a) Intraharbor transportation for the Port Angeles port area: Transportation between Port Angeles pilot station and Port Angeles harbor docks - $15.00.

     (b) Interport shifts: Transportation paid to and from both points.

     (c) Intraharbor shifts: Transportation to be paid both ways. If intraharbor shift is canceled on or before scheduled reporting time, transportation paid one way only.

     (d) Cancellation: Transportation both ways unless notice of cancellation is received prior to scheduled reporting time in which case transportation need only be paid one way.

     (e) Any new facilities or other seldom used terminals, not covered above, shall be based on mileage x $2.00 per mile.


Delinquent Payment Charge:

1 1/2% per month after 45 days from first billing.


Nonuse of Pilots:

Ships taking and discharging pilots without using their services through all Puget Sound and adjacent inland waters shall pay full pilotage fees on the LOA zone mileage basis from Port Angeles to destination, from place of departure to Port Angeles, or for entire distance between two ports on Puget Sound and adjacent inland waters.


Training Surcharge:

Effective ((October 1, 2005)) January 15, 2007, a surcharge of (($10.00 shall be added to each vessel assignment for establishing a fund for payment of pilot trainee stipends. Thereafter, an additional $10.00)) $5.00 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each vessel assignment. ((The need for the initial $10.00 surcharge will be reviewed at each regular tariff hearing, or at such other times as may be determined by the board, where need is determined by considering the funds then available for trainee stipends and the number of trainees projected to be in the training program receiving a stipend during the tariff year.))


LOA Rate Schedule:

The following rate schedule is based upon distances furnished by National Oceanic and Atmospheric Administration, computed to the nearest half-mile and includes retirement fund contributions.



LOA ZONE ZONE ZONE ZONE ZONE ZONE
I II III IV V VI
Intra Harbor 0-30 Miles 31-50 Miles 51-75 Miles 76-100 Miles 101 Miles Over
Up to 449 227 351 600 894 1,204 1,562
450 - 459 236 358 604 908 1,224 1,570
460 - 469 238 362 613 923 1,240 1,577
470 - 479 247 372 621 941 1,244 1,580
480 - 489 253 379 624 959 1,251 1,587
490 - 499 257 384 632 976 1,267 1,595
500 - 509 270 391 642 988 1,276 1,605
510 - 519 272 398 649 1,002 1,290 1,610
520 - 529 275 412 657 1,007 1,301 1,624
530 - 539 284 417 666 1,018 1,322 1,642
540 - 549 289 423 681 1,029 1,343 1,657
550 - 559 294 438 686 1,044 1,353 1,673
560 - 569 305 455 699 1,053 1,366 1,689
570 - 579 311 459 702 1,058 1,380 1,700
580 - 589 324 466 718 1,066 1,389 1,717
590 - 599 340 476 723 1,071 1,409 1,737
600 - 609 351 490 732 1,075 1,426 1,746
610 - 619 371 495 746 1,080 1,440 1,761
620 - 629 386 502 751 1,092 1,456 1,782
630 - 639 404 510 760 1,095 1,469 1,797
640 - 649 419 522 769 1,097 1,481 1,810
650 - 659 449 531 782 1,107 1,499 1,829
660 - 669 458 537 789 1,112 1,515 1,844
670 - 679 474 551 797 1,132 1,533 1,854
680 - 689 481 560 808 1,142 1,546 1,872
690 - 699 495 569 820 1,162 1,562 1,911
700 - 719 517 588 835 1,177 1,592 1,933
720 - 739 548 604 856 1,193 1,624 1,965
740 - 759 569 632 872 1,204 1,657 2,000
760 - 779 591 653 894 1,224 1,689 2,027
780 - 799 621 682 908 1,240 1,717 2,062
800 - 819 646 702 926 1,247 1,746 2,093
820 - 839 666 727 947 1,267 1,782 2,118
840 - 859 694 756 965 1,281 1,809 2,154
860 - 879 720 782 983 1,314 1,844 2,185
880 - 899 746 805 1,002 1,345 1,872 2,217
900 - 919 768 831 1,019 1,379 1,911 2,248
920 - 939 791 856 1,044 1,409 1,931 2,278
940 - 959 820 878 1,059 1,440 1,965 2,306
960 - 979 839 904 1,078 1,469 2,000 2,341
980 - 999 867 926 1,096 1,499 2,027 2,370
1000 - 1019 919 986 1,145 1,579 2,122 2,473
1020 - 1039 944 1,014 1,180 1,624 2,186 2,546
1040 - 1059 972 1,039 1,215 1,673 2,249 2,621
1060 - 1079 1,002 1,076 1,250 1,724 2,319 2,699
1080 - 1099 1,032 1,107 1,288 1,773 2,387 2,780
1100 - 1119 1,061 1,140 1,327 1,828 2,458 2,864
1120 - 1139 1,094 1,176 1,368 1,881 2,532 2,949
1140 - 1159 1,126 1,209 1,407 1,938 2,609 3,038
1160 - 1179 1,159 1,244 1,450 1,996 2,686 3,129
1180 - 1199 1,195 1,282 1,492 2,056 2,768 3,223
1200 - 1219 1,231 1,321 1,536 2,118 2,850 3,318
1220 - 1239 1,267 1,360 1,582 2,181 2,934 3,417
1240 - 1259 1,304 1,400 1,629 2,246 3,023 3,519
1260 - 1279 1,343 1,441 1,678 2,313 3,114 3,625
1280 - 1299 1,383 1,486 1,729 2,383 3,205 3,734
1300 - 1319 1,425 1,528 1,779 2,453 3,302 3,845
1320 - 1339 1,468 1,574 1,834 2,527 3,400 3,961
1340 - 1359 1,510 1,622 1,889 2,602 3,502 4,080
1360 - 1379 1,556 1,669 1,944 2,681 3,606 4,200
1380 - 1399 1,602 1,719 2,004 2,760 3,714 4,328
1400 - 1419 1,650 1,771 2,061 2,842 3,825 4,457
1420 - 1439 1,699 1,824 2,124 2,928 3,941 4,590
1440 - 1459 1,751 1,879 2,189 3,014 4,059 4,727
1460 - 1479 1,800 1,934 2,252 3,105 4,180 4,868
1480 - 1499 1,855 1,991 2,320 3,197 4,304 5,013
1500 Over 1,911 2,052 2,389 3,295 4,432 5,163

[Statutory Authority: RCW 88.16.035. 06-12-009, § 363-116-300, filed 5/26/06, effective 7/1/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-300, filed 8/29/05, effective 10/1/05. Statutory Authority: RCW 88.16.035. 05-12-055, § 363-116-300, filed 5/26/05, effective 7/1/05; 04-12-014, § 363-116-300, filed 5/24/04, effective 7/1/04; 03-12-019, § 363-116-300, filed 5/28/03, effective 7/1/03; 02-12-008, § 363-116-300, filed 5/23/02, effective 7/1/02; 01-18-050, § 363-116-300, filed 8/30/01, effective 9/30/01; 01-12-032, § 363-116-300, filed 5/29/01, effective 7/1/01; 00-11-119, § 363-116-300, filed 5/22/00, effective 7/1/00; 99-12-027, § 363-116-300, filed 5/25/99, effective 7/1/99; 98-12-008, § 363-116-300, filed 5/22/98, effective 7/1/98; 97-12-017, § 363-116-300, filed 5/28/97, effective 7/1/97. Recodified as § 363-116-300. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 96-12-017, § 296-116-300, filed 5/29/96, effective 7/1/96; 95-12-018, § 296-116-300, filed 5/30/95, effective 7/1/95; 94-12-044, § 296-116-300, filed 5/27/94, effective 7/1/94; 93-12-133, § 296-116-300, filed 6/2/93, effective 7/3/93; 92-14-007, § 296-116-300, filed 6/19/92, effective 7/20/92; 91-11-074, § 296-116-300, filed 5/20/91, effective 6/20/91; 90-20-116, § 296-116-300, filed 10/2/90, effective 11/2/90; 90-08-095, § 296-116-300, filed 4/4/90, effective 5/5/90; 89-08-041 (Order 89-2, Resolution No. 89-2), § 296-116-300, filed 3/31/89. Statutory Authority: RCW 88.16.050. 88-05-039 (Order 88-1, Resolution No. 88-1), § 296-116-300, filed 2/16/88, effective 3/18/88. Statutory Authority: RCW 88.16.035(4). 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-300, filed 12/19/86; 86-19-066 (Order 86-6, Resolution No. 86-6), § 296-116-300, filed 9/16/86; 86-02-035 (Order 86-1, Resolution No. 86-1), § 296-116-300, filed 12/30/85; 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-300, filed 12/31/84; 84-04-006 (Order 84-1, Resolution No. 84-1), § 296-116-300, filed 1/20/84; 83-17-055 (Order 83-6, Resolution No. 83-6), § 296-116-300, filed 8/17/83; 82-13-065 (Order 82-4, Resolution No. 82-4), § 296-116-300, filed 6/16/82. Statutory Authority: RCW 88.16.035. 81-12-017 (Order 81-2, Resolution No. 81-2), § 296-116-300, filed 5/29/81; 80-06-084 (Order 80-1, Resolution No. 80-1), § 296-116-300, filed 5/28/80. Statutory Authority: RCW 88.16.035(4). 79-07-033 (Order 79-4, Resolution No. 79-4), § 296-116-300, filed 6/19/79. Statutory Authority: Chapter 88.16 RCW and 1977 ex. sess. c 337, §§ 1 and 4. 78-02-008 (Order 78-1), § 296-116-300, filed 1/6/78, effective 2/10/78; Order 77-18, § 296-116-300, filed 9/20/77, effective 11/1/77; Order 76-24, § 296-116-300, filed 7/22/76; Order 75-3, § 296-116-300, filed 2/10/75; Order 74-2, § 296-116-300, filed 1/8/74; Order 73-8, § 296-116-300, filed 6/20/73 and Emergency Order 73-10, filed 7/19/73, effective 8/14/73; Order 70-7, § 296-116-300, filed 7/16/70; 7/25/67; 2/18/64; 10/29/62; 12/28/60; 3/23/60.]

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