WSR 05-04-028

PERMANENT RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed January 26, 2005, 12:30 p.m. , effective February 26, 2005 ]


Purpose: To modify pilot license limitations in order to enable a newly licensed Grays Harbor pilot, during his/her first year, to perform pilotage services on vessels having a higher gross tonnage. To allow a pilot to perform pilotage services in certain cases and with prior board approval on vessels not permitted by his/her restricted license.

Citation of Existing Rules Affected by this Order: Amending WAC 363-116-082 Limitations on new pilots.

Statutory Authority for Adoption: RCW 88.16.105.

Other Authority: RCW 88.16.035.

Adopted under notice filed as WSR 04-24-070 on November 30, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: January 13, 2005.

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.]

Washington State Code Reviser's Office