WSR 17-20-061 PROPOSED RULES BOARD OF PILOTAGE COMMISSIONERS [Filed October 2, 2017, 8:37 a.m.] Original Notice. 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.
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 $0.0814 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:
(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:
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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