WSR 04-24-070

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed November 30, 2004, 12:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-13-098.

Title of Rule and Other Identifying Information: WAC 363-116-082 Limitations on new pilots.

Hearing Location(s): 2911 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on January 13, 2005, at 9:30 a.m.

Date of Intended Adoption: January 13, 2005.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 2nd Avenue, Seattle, WA 98121, e-mail LarsonP@wsdot.wa.gov, fax (206) 515-3906, by January 6, 2005.

Assistance for Persons with Disabilities: Contact Peggy Larson by January 10, 2005, (206) 515-3904.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule modifies license limitations and familiarization/training trip requirements for a new pilot in the Grays Harbor pilotage district. These changes will allow a pilot in his/her first five years to perform pilotage services on vessels having a higher gross tonnage.

Since there is currently only one pilot in the Grays Harbor pilotage district who holds an unlimited license, these modifications are also intended to alleviate certain hardships and safety concerns this situation may present.

In addition, it is also proposed that if the particular size vessels described in the familiarization/training trip requirements which are necessary to complete in order to remove license limitations in a pilot's third, fourth and fifth years aren't available, an unlimited license will not be withheld after the expiration of that pilot's fifth license year.

Reasons Supporting Proposal: Due to changes in vessel traffic calling in Grays Harbor, it is necessary to adjust the tonnage categories described in the license limitations and familiarization/training trip requirements for pilots in their first five years.

Also, it is necessary to allow a pilot with license limitations to provide pilotage services in certain cases on vessels not permitted by his/her restricted license.

Statutory Authority for Adoption: RCW 88.16.105.

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: This rule, in part, became effective under emergency provisions on November 12, 2004, with the intent to adopt it permanently.

The board may adopt a rule that varies from the proposed rule upon consideration of presentations and written comments from the public and 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, 2911 Second Avenue, Seattle, WA 98121, (206) 515-3904.

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 is for purposes of furthering the emergency rule currently in effect which provides for more efficient pilotage in the Grays Harbor pilotage district. It does not impact small businesses.

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).

November 24, 2004

Peggy Larson

Administrator

OTS-7649.2


AMENDATORY SECTION(Amending WSR 99-08-003, filed 3/25/99, effective 4/25/99)

WAC 363-116-082   Limitations on new pilots.   (1) The following limitations shall apply to a newly licensed pilot during his/her first five years of active service. Except where otherwise noted, the pilotage assignment may include docking and undocking of vessels within the tonnage limitations. For purposes of this section, the term "tanker" shall in addition to tankers include any combination of tug and tank barge, and any tonnage restrictions thereon shall be calculated by including the gross tonnage of the tug and tank barge combined. All tonnages referred to are international tonnages.

(2) Progressive lifting of tonnage limitations requires a newly licensed pilot to satisfactorily pilot vessels under the direct supervision of a five-year pilot on the familiarization/training trips listed below. This veteran pilot shall complete and submit an evaluation form for each trip a new pilot performs. All of these trips must, if practical, be completed during the last ninety days of the license year.

(3) Puget Sound pilotage district - License limitations.

(a) First year:

(i) Not authorized to pilot loaded petroleum tankers.

(ii) Not authorized to pilot any vessels in excess of 25,000 gt or 660' in length.

(iii) Not authorized to pilot any passenger vessels in excess of 5,000 gt.

(b) Second year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 25,000 gt.

(ii) Not authorized to pilot any vessels in excess of 30,000 gt.

(c) Third year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 32,000 gt.

(ii) Not authorized to pilot any vessels in excess of 45,000 gt.

(d) Fourth year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 38,000 gt.

(ii) Not authorized to pilot any vessels in excess of 60,000 gt.

(e) Fifth year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 45,000 gt.

(ii) Not authorized to pilot any vessels in excess of 75,000 gt.

(4) Puget Sound pilotage district - Familiarization/training trips.

(a) Prior to the expiration of the FIRST license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of not more than 30,000 gt; and the third trip shall involve a waterway transit of a vessel between 25,000 and 35,000 gt.

(b) Prior to the expiration of the SECOND license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of between 25,000 and 32,000 gt; and the third trip shall involve the docking of a vessel between 30,000 and 45,000 gt other than a loaded petroleum tanker.

(c) Prior to the expiration of the THIRD license year, a new pilot must make three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker of between 32,000 and 38,000 gt; and two trips shall involve the docking of vessels between 45,000 and 60,000 gt other than loaded petroleum tankers.

(d) Prior to the expiration of the FOURTH license year, a new pilot must make three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker of between 38,000 and 45,000 gt; and two trips shall involve the docking of vessels between 60,000 and 75,000 gt other than loaded petroleum tankers.

(e) Prior to the expiration of the FIFTH license year, a new pilot must make three familiarization/training trips which shall involve two trips docking and one trip anchoring loaded petroleum tankers of 55,000 gt or larger.

(f) All of these trips must be complete trips between one port and another port, or between the pilot station and a port.

(5) Grays Harbor pilotage district - License limitations.

(a) First year:

(i) Not authorized to pilot loaded tankers carrying chemical or petroleum products.

(ii) Not authorized to pilot any vessels in excess of ((17,500)) 25,000 gt.

(iii) Not authorized to pilot loaded or partially loaded vessels through the Chehalis River bridge.

(b) Second year:

(i) Not authorized to pilot loaded tankers carrying chemical or petroleum products in excess of 10,000 gt.

(ii) Not authorized to pilot any vessels in excess of ((20,000)) 30,000 gt.

(c) Third year: Not authorized to pilot any vessels in excess of ((22,500)) 45,000 gt.

(d) Fourth year: Not authorized to pilot any vessels in excess of ((25,000)) 60,000 gt.

(e) Fifth year: Not authorized to pilot any vessels in excess of ((30,000)) 75,000 gt.

(f) Notwithstanding subsection (8) of this section, upon determination that a bona fide safety concern may result from no pilot without license restrictions being available within a reasonable time to pilot a vessel requiring pilotage services, the chair or acting chair of the board, on a single trip basis, may authorize a newly licensed pilot holding a restricted license to provide pilotage services to the vessel, irrespective of the tonnage, service or location of the assigned berth of the vessel.

(6) Grays Harbor pilotage district - Familiarization/training trips.

(a) Prior to the expiration of the FIRST license year, a new pilot must make ((ten)) five familiarization/training trips. ((Eight)) Three of these trips shall be through the Chehalis River bridge on loaded or partially loaded vessels. ((The other trips may be elsewhere on the waterway but shall be on vessels in excess of 17,500 gt.)) The other trips shall be on vessels in excess of 25,000 gt and involve docking and passage to or from the sea buoy; and one of these trips shall involve turning the vessel in the waterway.

(b) Prior to the expiration of the SECOND license year, a new pilot must make three familiarization/training trips on vessels in excess of ((20,000)) 30,000 gt. Two of these trips shall involve docking and passage to or from the sea buoy; and one of these trips shall involve turning the vessel in the waterway.

(c) Prior to the expiration of the THIRD license year, a new pilot must make three familiarization/training trips on vessels in excess of ((25,000)) 45,000 gt or on the nearest larger size vessels available. Two of these trips shall involve docking and passage to or from the sea buoy((. Two)); and one of these trips shall involve ((docking these vessels)) turning the vessel in the waterway.

(d) Prior to the expiration of the FOURTH license year, a new pilot must make ((three)) two familiarization/training trips on vessels in excess of ((27,500)) 60,000 gt or on the nearest larger size vessels available. ((Two of these trips shall involve docking these vessels; and one of these trips shall involve turning the vessel in the waterway.))

(e) Prior to the expiration of the FIFTH license year, a new pilot must make ((three)) two familiarization/training trips on vessels in excess of ((32,500)) 75,000 gt or on the nearest larger size vessels available.

(f) Notwithstanding (c), (d), and/or (e) of this subsection being accomplished due to unavailability of vessels, in the sixth license year the new pilot will be issued an unlimited license.

(7) The initial license shall contain the limitations contained above and list the date of commencement and expiration of such periods. If a newly licensed pilot is unable to pilot for forty-five days or more in any one of the five years, he shall notify the board and request a revised schedule of limitations.

(8) No pilot shall be dispatched to, or accept an assignment on, any vessel which exceeds the limitations of his/her license. On vessels in which there is more than one pilot assigned, the license limitations shall apply only to the pilot in charge.

(9) All limitations on a new pilot's license shall be lifted at the beginning of the sixth year of piloting provided he/she has submitted to the board a statement attesting to the fact that he/she has completed all the required familiarization/training requirements and the vessel simulator courses required.

[Statutory Authority: RCW 88.16.105. 99-08-003, 363-116-082, filed 3/25/99, effective 4/25/99; 97-14-032, 363-116-082, filed 6/25/97, effective 7/26/97. Recodified as 363-116-082. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.105. 93-09-016, 296-116-082, filed 4/14/93, effective 5/15/93. Statutory Authority: RCW 88.16.105. 92-24-056, 296-116-082, filed 11/30/92, effective 12/31/92; 92-08-051, 296-116-082, filed 3/26/92, effective 4/26/92; 89-18-063 (Order 89-6, Resolution No. 89-6), 296-116-082, filed 9/1/89, effective 10/2/89; 89-11-060 (Order 89-5, Resolution No. 89-5), 296-116-082, filed 5/18/89. Statutory Authority: RCW 88.16.035. 80-03-081 (Order 79-6, Resolution No. 79-6), 296-116-082, filed 3/4/80.]

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