WSR 98-08-071

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[Filed March 31, 1998, 9:18 a.m.]

Original Notice.

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

Title of Rule: Pilotage rates for the Puget Sound pilotage district

Purpose: To establish a Puget Sound pilotage district annual tariff

Other Identifying Information: WAC 363-116-300

Statutory Authority for Adoption: RCW 88.16.035

Statute Being Implemented: RCW 88.16.035

Summary: The proposed rule reflects a 2.61% decrease in all categories except transportation to be charged for pilotage services in the Puget Sound pilotage district for the 1998-99 tariff year

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

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Pilotage Commission, 2911 2nd Avenue, Seattle, WA, (206) 515-3904

Name of Proponent: Puget Sound pilots, private

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Current rates for the Puget Sound pilotage district expire on June 30, 1998. New rates must be set annually

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule as proposed by the Puget Sound pilots would decrease the tariff for pilotage services in the Puget Sound pilotage district by 2.61% under the present tariff in all categories except transportation.

In the Waterway and Bridge Charges category, the proposed rule will no longer refer to the "Spokane Street Bridge" and the "Eleventh Street Bridge" but rather "Spokane Street" and "Eleventh Street."

Proposal Changes the Following Existing Rules: The proposed rule is a 2.61% decrease to the existing tariff in all categories except transportation.

The word "Bridge" is stricken where it describes "Spokane Street" and "Eleventh Street" under the Waterway and Bridge Charges category.

The board may adopt a rule that varies from the proposed rule upon consideration of oral and written testimony from other interested parties and the public

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule reflects a decrease in the tariff.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: 2911 2nd Avenue, Suite 100, Seattle, WA 98121, on May 14, 1998, at 9:00 a.m

Assistance for Persons with Disabilities: Contact Peggy Larson by May 11, 1998

Submit Written Comments to: Mr. Larry Vognild, Chairman, FAX (206) 515-3969, by May 7, 1998

Date of Intended Adoption: May 14, 1998

March 30, 1998

Peggy Larson

Administrator

AMENDATORY SECTION (Amending WSR 97-12-017, filed 5/28/97, effective 7/1/97)

WAC 363-116-300  Pilotage rates for the Puget Sound pilotage district. Effective 0001 hours July 1, ((1997)) 1998, through 2400 hours June 30, ((1998)) 1999.

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.

Waterway and bridge charges:

Ships up to 90' beam:

A charge of (($191.00)) $186.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street ((Bridge)) in Seattle, south of Eleventh Street ((Bridge)) 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 (($91.00)) $89.00 per bridge.

Ships 90' beam and/or over:

A charge of (($256.00)) $249.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street ((Bridge)) in Seattle and south of Eleventh Street ((Bridge)) in any of the Tacoma waterways. Any vessel movements required to transit through bridges shall have an additional charge of (($179.00)) $174.00 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.

Applicable harbor shift rate to apply, plus (($120.00)) $117.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is (($120.00)) $117.00 for every hour or fraction thereof.

No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is (($120.00)) $117.00 for every hour or fraction thereof.

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 (($120.00)) $117.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.

0 to 20,000 gross tons:

Additional charge to LOA zone mileage of (($0.0061)) $0.0059 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 (($0.0620)) $0.0604 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 (($0.0741)) $0.0722 per gross ton.

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

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 (($120.00)) $117.00 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.

Transportation to vessels on Puget Sound:

(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 $1.80 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.

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.

[Statutory Authority: RCW 88.16.035. 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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