PROPOSED RULES
PILOTAGE COMMISSIONERS
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, 1st Floor, Agate Conference Room, Seattle, WA 98121, on April 7, 2011, at 9:30 a.m.
Date of Intended Adoption: April 7, 2011.
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 March 31, 2011.
Assistance for Persons with Disabilities: Contact Shawna Erickson by April 4, 2011, (206) 515-3647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to extend the expiration date of the current Puget Sound pilotage district tariff beyond June 30, 2011.
The proposed rule reflects a range of expiration dates between June 30, 2011, and December 31, 2011.
Reasons Supporting Proposal: RCW 88.16.035 requires that a tariff be set annually. Representatives of the Puget Sound pilots and the Pacific Merchant Shipping Association concur with the board that the need exists to extend the expiration date of the current Puget Sound pilotage district tariff due to the board's deviation from its customary tariff setting timeline. It has been determined that the public hearing concerning this tariff may occur in June, rather than May, which necessitates an extension of the current tariff.
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 current 2010-2011 tariff for the Puget Sound pilotage district expires on June 30, 2011.
The board is delaying the public hearing at which the 2011-2012 tariff will be set and therefore needs to extend the expiration date of the current 2010-2011 tariff.
Name of Proponent: Board of pilotage commissioners, governmental.
Name of Agency Personnel Responsible for Drafting: Peggy Larson, 2901 Third Avenue, Seattle, WA 98121, (206) 515-3904; 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 is being considered in the context of the required annual review of the rates charged for pilotage services.
The application of the range of proposed dates is clear in the description of the proposal and its anticipated effects as well as the proposed tariff shown 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).
February 24, 2011
Peggy Larson
Administrator
OTS-3899.1
AMENDATORY SECTION(Amending WSR 10-24-085, filed 11/30/10,
effective 12/31/10)
WAC 363-116-300
Pilotage rates for the Puget Sound
pilotage district.
Effective 0001 hours July 1, 2010, through
2400 hours June 30, 2011 or a subsequent date on or before
December 31, 2011.
| CLASSIFICATION | RATE | |
| Ship length overall (LOA) | ||
| Charges: | ||
| Per LOA rate schedule in this section. | ||
| Boarding charge: | $48.00 | |
| 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 | ||
| Compass Adjustment | $349.00 |
| Radio Direction Finder Calibration | $349.00 |
| Launching Vessels | $524.00 |
| Trial Trips, 6 hours or less (minimum $984.00) | $164.00 per hour |
| Trial Trips, over 6 hours (two pilots) | $328.00 per hour |
| Shilshole Bay – Salmon Bay | $205.00 |
| Salmon Bay – Lake Union | $159.00 |
| Lake Union – Lake Washington (plus LOA zone from Webster Point) | $205.00 |
| 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.) |
Ships up to 90' beam:
A charge of $258.00 shall be in addition to bridge charges 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 $123.00 per bridge.
Ships 90' beam and/or over:
A charge of $350.00 shall be in addition to bridge charges 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 $244.00 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 $266.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $266.00 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 $266.00 for every hour or fraction thereof. The assessment of the standby charge 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 $266.00 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 $266.00 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 $0.0082 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 $0.0846 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 $0.1012 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 | $195.00 | |
| Bangor | 190.00 | |
| Bellingham | 225.00 | |
| Bremerton | 167.50 | |
| Cherry Point | 260.00 | |
| Dupont | 120.00 | |
| Edmonds | 42.50 | |
| Everett | 72.50 | |
| Ferndale | 247.50 | |
| Manchester | 162.50 | |
| Mukilteo | 65.00 | |
| Olympia | 155.00 | |
| Point Wells | 42.50 | |
| Port Gamble | 230.00 | |
| Port Townsend (Indian Island) | 277.50 | |
| Seattle | 18.75 | |
| Tacoma | 87.50 |
(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 30 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 charges 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.
British Columbia Direct Transit Charge:
In the event that a pilot consents to board or deboard a vessel at a British Columbia port, which consent shall not unreasonably be withheld, the following additional charges shall apply in addition to the normal LOA, tonnage and other charges provided in this tariff that apply to the portion of the transit in U.S. waters:
| Direct Transit Charge | $2,107.00 |
| Sailing Delay Charge. Shall be levied for each hour or fraction thereof that the vessel departure is delayed beyond its scheduled departure from a British Columbia port, provided that no charge will be levied for delays of one hour or less and further provided that the charge shall not exceed a period of 12 hours in any 24 hour period. | $283.00 per hour |
| Slow Down Charge. Shall be levied for each hour or fraction thereof that a vessel's arrival at a U.S. or BC port is delayed when a vessel chooses not to maintain its normal safe 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 arrival time had the vessel maintained its normal safe speed capabilities. | $283.00 per hour |
| Cancellation Charge. Shall be levied when a pilot arrives at a vessel for departure from a British Columbia port and the job is canceled. The charge is in addition to the applicable direct transit charge, standby, transportation and expenses. | $525.00 |
| Transportation Charge Vancouver Area. Vessels departing or arriving at ports in the Vancouver-Victoria-New Westminster Range of British Columbia. | $499.00 |
| Transportation Charge Outports. Vessels departing or arriving at British Columbia ports other than those in the Vancouver-Victoria-New Westminster Range. | $630.00 |
On January 1, 2011, a surcharge of $15.00 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each pilotage assignment.
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 | |
| (Length Overall) | Intra Harbor | 0-30 Miles | 31-50 Miles | 51-75 Miles | 76-100 Miles | 101 Miles & Over |
| UP to 449 | 255 | 396 | 675 | 1,006 | 1,354 | 1,757 |
| 450 - 459 | 266 | 403 | 679 | 1,021 | 1,376 | 1,766 |
| 460 - 469 | 268 | 407 | 690 | 1,038 | 1,395 | 1,774 |
| 470 - 479 | 277 | 419 | 698 | 1,059 | 1,399 | 1,777 |
| 480 - 489 | 285 | 426 | 701 | 1,078 | 1,408 | 1,785 |
| 490 - 499 | 289 | 432 | 712 | 1,098 | 1,424 | 1,794 |
| 500 - 509 | 304 | 440 | 722 | 1,110 | 1,436 | 1,805 |
| 510 - 519 | 306 | 448 | 729 | 1,127 | 1,451 | 1,812 |
| 520 - 529 | 310 | 464 | 740 | 1,132 | 1,464 | 1,826 |
| 530 - 539 | 319 | 470 | 749 | 1,145 | 1,487 | 1,847 |
| 540 - 549 | 324 | 476 | 766 | 1,157 | 1,510 | 1,864 |
| 550 - 559 | 331 | 492 | 771 | 1,174 | 1,522 | 1,882 |
| 560 - 569 | 343 | 512 | 786 | 1,185 | 1,536 | 1,899 |
| 570 - 579 | 350 | 516 | 789 | 1,190 | 1,552 | 1,912 |
| 580 - 589 | 365 | 524 | 808 | 1,199 | 1,561 | 1,931 |
| 590 - 599 | 382 | 536 | 813 | 1,205 | 1,584 | 1,954 |
| 600 - 609 | 396 | 552 | 824 | 1,209 | 1,604 | 1,963 |
| 610 - 619 | 418 | 557 | 838 | 1,214 | 1,619 | 1,981 |
| 620 - 629 | 434 | 564 | 846 | 1,229 | 1,638 | 2,004 |
| 630 - 639 | 454 | 574 | 855 | 1,232 | 1,652 | 2,021 |
| 640 - 649 | 472 | 587 | 864 | 1,234 | 1,666 | 2,036 |
| 650 - 659 | 505 | 597 | 880 | 1,244 | 1,686 | 2,057 |
| 660 - 669 | 515 | 605 | 887 | 1,251 | 1,705 | 2,073 |
| 670 - 679 | 534 | 620 | 896 | 1,274 | 1,724 | 2,086 |
| 680 - 689 | 541 | 630 | 908 | 1,284 | 1,739 | 2,106 |
| 690 - 699 | 557 | 640 | 922 | 1,307 | 1,757 | 2,150 |
| 700 - 719 | 582 | 661 | 939 | 1,324 | 1,791 | 2,174 |
| 720 - 739 | 616 | 679 | 963 | 1,342 | 1,826 | 2,210 |
| 740 - 759 | 640 | 712 | 982 | 1,354 | 1,864 | 2,250 |
| 760 - 779 | 665 | 734 | 1,006 | 1,376 | 1,899 | 2,279 |
| 780 - 799 | 698 | 767 | 1,021 | 1,395 | 1,931 | 2,320 |
| 800 - 819 | 726 | 789 | 1,041 | 1,402 | 1,963 | 2,355 |
| 820 - 839 | 749 | 818 | 1,065 | 1,424 | 2,004 | 2,382 |
| 840 - 859 | 781 | 851 | 1,086 | 1,441 | 2,034 | 2,423 |
| 860 - 879 | 810 | 880 | 1,105 | 1,478 | 2,073 | 2,458 |
| 880 - 899 | 838 | 905 | 1,127 | 1,512 | 2,106 | 2,494 |
| 900 - 919 | 863 | 935 | 1,146 | 1,551 | 2,150 | 2,528 |
| 920 - 939 | 890 | 963 | 1,174 | 1,584 | 2,172 | 2,563 |
| 940 - 959 | 922 | 988 | 1,191 | 1,619 | 2,210 | 2,594 |
| 960 - 979 | 943 | 1,017 | 1,212 | 1,652 | 2,250 | 2,633 |
| 980 - 999 | 974 | 1,041 | 1,233 | 1,686 | 2,279 | 2,667 |
| 1000 - 1019 | 1,034 | 1,108 | 1,288 | 1,776 | 2,387 | 2,782 |
| 1020 - 1039 | 1,062 | 1,141 | 1,328 | 1,826 | 2,459 | 2,863 |
| 1040 - 1059 | 1,094 | 1,169 | 1,367 | 1,882 | 2,529 | 2,948 |
| 1060 - 1079 | 1,127 | 1,210 | 1,407 | 1,938 | 2,608 | 3,035 |
| 1080 - 1099 | 1,161 | 1,244 | 1,448 | 1,994 | 2,684 | 3,127 |
| 1100 - 1119 | 1,194 | 1,282 | 1,492 | 2,056 | 2,765 | 3,221 |
| 1120 - 1139 | 1,231 | 1,323 | 1,538 | 2,116 | 2,848 | 3,317 |
| 1140 - 1159 | 1,266 | 1,360 | 1,582 | 2,179 | 2,934 | 3,418 |
| 1160 - 1179 | 1,304 | 1,399 | 1,632 | 2,245 | 3,021 | 3,518 |
| 1180 - 1199 | 1,344 | 1,442 | 1,679 | 2,312 | 3,113 | 3,625 |
| 1200 - 1219 | 1,385 | 1,485 | 1,728 | 2,382 | 3,206 | 3,732 |
| 1220 - 1239 | 1,424 | 1,530 | 1,779 | 2,453 | 3,300 | 3,844 |
| 1240 - 1259 | 1,467 | 1,575 | 1,831 | 2,526 | 3,400 | 3,958 |
| 1260 - 1279 | 1,510 | 1,621 | 1,887 | 2,602 | 3,503 | 4,077 |
| 1280 - 1299 | 1,555 | 1,671 | 1,945 | 2,680 | 3,605 | 4,200 |
| 1300 - 1319 | 1,603 | 1,718 | 2,001 | 2,759 | 3,714 | 4,324 |
| 1320 - 1339 | 1,651 | 1,771 | 2,063 | 2,842 | 3,824 | 4,455 |
| 1340 - 1359 | 1,698 | 1,824 | 2,124 | 2,926 | 3,939 | 4,589 |
| 1360 - 1379 | 1,750 | 1,877 | 2,187 | 3,016 | 4,055 | 4,724 |
| 1380 - 1399 | 1,801 | 1,933 | 2,254 | 3,104 | 4,178 | 4,868 |
| 1400 - 1419 | 1,856 | 1,992 | 2,319 | 3,196 | 4,302 | 5,013 |
| 1420 - 1439 | 1,911 | 2,052 | 2,389 | 3,293 | 4,433 | 5,163 |
| 1440 - 1459 | 1,970 | 2,114 | 2,462 | 3,391 | 4,565 | 5,317 |
| 1460 - 1479 | 2,025 | 2,175 | 2,534 | 3,492 | 4,702 | 5,474 |
| 1480 - 1499 | 2,087 | 2,240 | 2,609 | 3,596 | 4,841 | 5,639 |
| 1500 Over | 2,150 | 2,308 | 2,686 | 3,706 | 4,985 | 5,807 |
[Statutory Authority: Chapter 88.16 RCW. 10-24-085, § 363-116-300, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 88.16.035. 10-12-059, § 363-116-300, filed 5/27/10, effective 7/1/10; 09-12-072, § 363-116-300, filed 5/29/09, effective 7/1/09; 08-12-018, § 363-116-300, filed 5/28/08, effective 7/1/08; 07-12-028, § 363-116-300, filed 5/30/07, effective 7/1/07; 07-01-084, § 363-116-300, filed 12/19/06, effective 1/20/07; 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.]