WSR 17-20-061
PROPOSED RULES
BOARD OF
PILOTAGE COMMISSIONERS
[Filed October 2, 2017, 8:37 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 363-116-300, Pilotage rates for the Puget Sound pilotage district.
Hearing Location(s): On November 9, 2017, at 10:00 a.m., at 2901 Third Avenue, 1st Floor, Agate Conference Room, Seattle, WA 98121.
Date of Intended Adoption: November 9, 2017.
Submit Written Comments to: Sheri J. Tonn, Chair, 2901 Third Avenue, Suite 500, email BeverJ@wsdot.wa.gov, fax 206-515-3906, by November 2, 2017.
Assistance for Persons with Disabilities: Contact Jolene Hamel, phone 206-515-3904, fax 206-515-3906, email HamelJ@wsdot.wa.gov, by November 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is [to] update the effective year of the tariff only. The tariff rates and language will remain as is.
Reasons Supporting Proposal: RCW 88.16.035 requires that a tariff be set annually.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Statute Being Implemented: RCW 88.16.035.
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: Current rates for the Puget Sound pilotage district expire December 31, 2017. New rates must be set accordingly. In complying with the legislative intent through the passage of ESB 5096, which freezes the Puget Sound pilotage district tariff for two years, the board is leaving the tariff as is and setting the 2018 date parameters only.
Name of Proponent: Puget Sound pilots, private.
Name of Agency Personnel Responsible for Drafting: Jaimie C. Bever, 2901 Third Avenue, Seattle, WA 98121, 206-515-3887; Implementation and Enforcement: Board of Pilotage Commissioners, 2901 Third Avenue, Seattle, WA 98121, 206-515-3904.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the adoption of these rules. The Washington state board of pilotage commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
October 2, 2017
Jaimie C. Bever
Executive Director (Interim)
AMENDATORY SECTION (Amending WSR 16-23-162, filed 11/23/16, effective 1/1/17)
WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district.
Effective 0001 hours January 1, ((2017)) 2018, through 2400 hours December 31, ((2017)) 2018.
CLASSIFICATION
RATE
Ship length overall (LOA)
 
Charges:
 
 
Per LOA rate schedule in this section.
 
Pilot boat fee:
$348.00
 
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
 
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.
Compass Adjustment
$359.00
Radio Direction Finder Calibration
$359.00
Launching Vessels
$540.00
Trial Trips, 6 hours or less (minimum $1,014.00)
$169.00 per hour
Trial Trips, over 6 hours (two pilots)
$338.00 per hour
Shilshole Bay - Salmon Bay
$211.00
Salmon Bay - Lake Union
$164.00
Lake Union - Lake Washington (plus LOA zone from Webster Point)
$211.00
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.)
 
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 $0.0814 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 $0.0974 per gross ton.
Notwithstanding the above tonnage charges, there shall be a minimum tonnage charge of $500.00 applied to:
(1) All LOA Zone I assignments other than assignments of an additional pilot(s) on ship movements involving more than one pilot jointly piloting the vessel; and
(2) All LOA Zone II and greater assignments.
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
 
(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.
Payment Terms and 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.
$514.00
Transportation Charge Outports. Vessels departing or arriving at British Columbia ports other than those in the Vancouver-Victoria-New Westminster Range.
$649.00
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.
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
263
381
650
968
1,304
1,692
450 - 459
274
388
653
983
1,325
1,700
460 - 469
276
392
665
999
1,343
1,708
470 - 479
285
404
672
1,020
1,347
1,711
480 - 489
294
410
675
1,038
1,355
1,719
490 - 499
298
416
685
1,057
1,371
1,728
500 - 509
313
423
695
1,068
1,383
1,738
510 - 519
315
431
702
1,085
1,398
1,744
520 - 529
319
447
712
1,090
1,410
1,758
530 - 539
329
452
721
1,102
1,432
1,778
540 - 549
334
458
738
1,114
1,454
1,795
550 - 559
341
474
742
1,130
1,466
1,812
560 - 569
353
493
757
1,141
1,479
1,828
570 - 579
361
496
760
1,146
1,495
1,841
580 - 589
376
505
778
1,154
1,503
1,859
590 - 599
393
516
782
1,160
1,526
1,882
600 - 609
408
532
794
1,164
1,544
1,890
610 - 619
431
537
807
1,169
1,559
1,907
620 - 629
447
543
814
1,183
1,577
1,929
630 - 639
468
552
824
1,186
1,591
1,946
640 - 649
486
566
832
1,188
1,604
1,960
650 - 659
520
575
847
1,197
1,624
1,981
660 - 669
530
582
854
1,205
1,642
1,996
670 - 679
550
597
863
1,226
1,660
2,009
680 - 689
557
607
874
1,237
1,674
2,028
690 - 699
574
616
888
1,258
1,692
2,071
700 - 719
599
637
904
1,275
1,725
2,093
720 - 739
634
653
927
1,292
1,758
2,128
740 - 759
659
685
945
1,304
1,795
2,167
760 - 779
685
707
968
1,325
1,828
2,194
780 - 799
719
738
983
1,343
1,859
2,234
800 - 819
748
760
1,002
1,350
1,890
2,268
820 - 839
771
788
1,025
1,371
1,929
2,293
840 - 859
804
820
1,046
1,387
1,958
2,333
860 - 879
834
847
1,064
1,423
1,996
2,367
880 - 899
863
871
1,085
1,455
2,028
2,402
900 - 919
889
900
1,103
1,494
2,071
2,434
920 - 939
917
927
1,130
1,526
2,091
2,468
940 - 959
950
952
1,147
1,559
2,128
2,498
960 - 979
971
980
1,167
1,591
2,167
2,535
980 - 999
1,003
1,002
1,187
1,624
2,194
2,568
1000 - 1019
1,065
1,067
1,240
1,710
2,299
2,678
1020 - 1039
1,094
1,098
1,279
1,758
2,368
2,757
1040 - 1059
1,127
1,125
1,316
1,812
2,435
2,838
1060 - 1079
1,161
1,165
1,355
1,866
2,511
2,922
1080 - 1099
1,196
1,197
1,394
1,920
2,585
3,011
1100 - 1119
1,230
1,234
1,437
1,980
2,662
3,102
1120 - 1139
1,268
1,274
1,481
2,037
2,742
3,194
1140 - 1159
1,304
1,310
1,523
2,098
2,825
3,291
1160 - 1179
1,343
1,347
1,571
2,161
2,909
3,388
1180 - 1199
1,384
1,388
1,616
2,226
2,997
3,491
1200 - 1219
1,427
1,430
1,664
2,293
3,087
3,593
1220 - 1239
1,467
1,473
1,713
2,362
3,177
3,701
1240 - 1259
1,511
1,516
1,763
2,432
3,274
3,811
1260 - 1279
1,555
1,561
1,817
2,505
3,373
3,925
1280 - 1299
1,602
1,609
1,872
2,580
3,471
4,044
1300 - 1319
1,651
1,655
1,927
2,657
3,576
4,164
1320 - 1339
1,701
1,705
1,986
2,736
3,682
4,290
1340 - 1359
1,749
1,756
2,045
2,817
3,792
4,419
1360 - 1379
1,803
1,807
2,106
2,903
3,905
4,549
1380 - 1399
1,855
1,861
2,171
2,989
4,022
4,687
1400 - 1419
1,912
1,918
2,233
3,077
4,142
4,826
1420 - 1439
1,968
1,976
2,301
3,171
4,268
4,971
1440 - 1459
2,029
2,035
2,371
3,265
4,395
5,120
1460 - 1479
2,086
2,094
2,440
3,362
4,527
5,270
1480 - 1499
2,150
2,157
2,512
3,462
4,661
5,429
1500 - Over
2,215
2,222
2,587
3,568
4,800
5,591