WSR 14-02-092 PERMANENT RULES BOARD OF PILOTAGE COMMISSIONERS [Filed December 31, 2013, 9:11 a.m., effective January 1, 2014] Effective Date of Rule: January 1, 2014. The board finds that immediate adoption of this rule is necessary for the preservation of public safety and general welfare. The current rule (pilotage tariff) expires on December 31, 2013, so this new rule must take effect January 1, 2014, in order to continue the Puget Sound pilotage district tariff without a break in its effectiveness.
Purpose: To establish an annual tariff for pilotage services in the Puget Sound pilotage district.
Citation of Existing Rules Affected by this Order: Amending WAC 363-116-300.
Statutory Authority for Adoption: RCW 88.16.035.
Adopted under notice filed as WSR 13-21-108 on October 21, 2013.
Changes Other than Editing from Proposed to Adopted Version: None of the proposed changes were adopted except under the boarding charge category to which an eight percent increase was applied. The charge increased from $49.00 to $53.00 for each boarding/deboarding at the Port Angeles pilot station.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: December 13, 2013.
Peggy Larson
Executive Director
AMENDATORY SECTION (Amending WSR 12-24-055, filed 11/30/12, effective 1/1/13)
WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district.
Effective 0001 hours January 1, ((2013)) 2014, through 2400 hours December 31, ((2013)) 2014.
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 $266.00 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 $127.00 per bridge. Ships 90' beam and/or over: A charge of $361.00 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 $251.00 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 $274.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $274.00 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 $274.00 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 $274.00 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 $274.00 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 $0.0084 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 $0.0871 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 $0.1042 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:
(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 $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:
Training Surcharge: 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.
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