WSR 11-20-118

PREPROPOSAL STATEMENT OF INQUIRY

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed October 5, 2011, 11:59 a.m. ]

Subject of Possible Rule Making: WAC 363-116-200 Duties of pilots.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 88.16 RCW, Pilotage Act.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Proposed modifications will expand the definition of an incident to include situations wherein a pilot or pilot trainee falls while embarking or disembarking a vessel or is physically endangered while performing his/her duties on a vessel, regardless of whether the incident results in physical injury to the pilot or pilot trainee.

Other proposed modifications will further expand the definitions of a marine safety occurrence to specify that a pilot or pilot trainee can voluntarily report safety issues encountered or observed on the vessel, the dock or in the area around the vessel. Consideration will also be given to pilot call-in procedures and the definition of an incident reporting threshold for call-in procedures.

Clarification of the term "vessel" in subsection (1)(a) will be examined, along with a determination of the "reporting responsibility" for those incidents involving both a pilot and a pilot trainee.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The legislative/WAC committee of the board has proposed certain amendments to this rule and will be discussing it further in committee and at regular session board meetings. Stakeholder comments are welcome. Upon further review and consideration of recommended revisions, a public hearing will be scheduled to consider the proposed new rule pursuant to formal notice requirements.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Peggy Larson, Administrator, Board of Pilotage Commissioners, 2901 Third Avenue, Suite 500, Seattle, WA 98121, phone (206) 515-3904, fax (206) 515-3906, LarsonP@wsdot.wa.gov, www.pilotage.wa.gov.

October 5, 2011

Peggy Larson

Executive Director

Washington State Code Reviser's Office