WSR 18-10-061 PROPOSED RULES BOARD OF PILOTAGE COMMISSIONERS [Filed April 30, 2018, 9:09 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-07-075. Title of Rule and Other Identifying Information: WAC 363-116-0751 Qualifications for pilot applicants. Hearing Location(s): On June 21, 2018, at 10:00 a.m., at 2901 Third Avenue, 1st Floor Agate Conference Room, Seattle, WA 98121. Date of Intended Adoption: June 21, 2018. Submit Written Comments to: Sheri Tonn, Chair, 2901 Third Avenue, Suite 500, email BeverJ@wsdot.wa.gov, fax 206-515-3906, by June 14, 2018. Assistance for Persons with Disabilities: Contact Jolene Hamel, phone 206-515-3904, fax 206-515-3906, email HamelJ@wsdot.wa.gov, by June 19, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board will be considering amendments to this rule in anticipation of administering a state pilot exam in November 2018 to qualify applicants for entrance into a training program. The board intends to test applicants for both the Puget Sound and Grays Harbor pilotage districts. Modifications, updates, clarification, and housekeeping are among the elements reflected in this proposed rule. Reasons Supporting Proposal: The purpose of modifying this rule is to update the pilot exam qualifications to include a sea service category for ATBs (articulated tug barge) based on feedback from industry stakeholders, and to clarify language for aspirant ease in determining exam eligibility. Statutory Authority for Adoption: Chapter 88.16 RCW. Statute Being Implemented: Chapter 88.16 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Board of pilotage commissioners, governmental. 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. April 30, 2018 Jaimie C. Bever Executive Director
AMENDATORY SECTION (Amending WSR 12-05-064, filed 2/15/12, effective 3/17/12)
WAC 363-116-0751 Qualifications for pilot applicants.
(1) Sea service.
(a) In addition to meeting the preexamination requirements of RCW 88.16.090, pilot applicants must, before taking the examination provided in WAC 363-116-076, meet one of the following indicated service requirements as master, while holding a minimum license as mate/master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC):
(b) In calculating sea service under subsection (1) of this section, a year of service shall equal three hundred sixty days of service on the vessel in the required capacity. Pilot applicants combining the above types of sea service shall have a total of at least two years of the various service times, except that one day of service as master on cargo, tank, or passenger vessels of at least 5000 GRT or 10,000 GT (ITC) shall be credited as two days of service time for the purpose of calculating such combined service times.
(2) In lieu of the requirements of subsection (1) of this section, a pilot applicant may substitute either:
(a) Three years of service as an active member of an organized professional pilot association or as a government employed pilot during which periods the pilot applicant was actively engaged in piloting and docking vessels while holding a minimum license as a master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters. For purposes of this section, piloting shall refer to piloting vessels in the capacity of the pilot in charge of navigation with no other responsibilities (either when piloting or not piloting) as a member of the ship's crew; or
(b) Two years of service as a commanding officer or master of U.S. flag government vessels of not less than 3000 displacement tons. The pilot applicant must hold at the time of application a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters; or
(c) Two years of service as master of special purpose vessels of not less than 1600 GRT or 3000 GT (ITC) while holding a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC), provided that the sea time making up the sea service was spent in charge of a vessel that can be documented to have been underway and to have required the type of ship-handling, navigation and leadership skills that the board finds necessary to provide the experience needed to become a pilot. Evaluation of service time on special purpose vessels shall be made by the board on a case-by-case basis and shall not be approved unless the board finds the service to be the substantial equivalent of the sea service required in subsection (1)(a) and (b) of this section or (a) and (b) of this subsection (2). The determination of the board as to the suitability of service as master of a special purpose vessel will be final.
(3) As used in this section these terms shall have the following meanings:
(a) Cargo or tank vessels shall refer to vessels primarily engaged in the transportation of cargo between points.
(b) Passenger vessels shall refer to vessels primarily engaged in the transportation of passengers between points. This shall include yachts only to the extent and for such times that such vessels are actively engaged in moving passengers between points.
(c) Ferry vessels shall refer to vessels primarily engaged in the transportation of vehicles and passengers between points.
(d) Towing vessels shall refer to vessels primarily engaged in commercial towing of vessels or in ship assist work.
(e) GRT shall refer to gross register tonnage (domestic).
(f) GT (ITC) shall refer to gross tonnage measured in accordance with the requirements of the 1969 International Convention on Tonnage Measurement of Ships.
(g) Master shall refer to the person of master's rank on the vessel's station bill or muster list or other such document who, in the event of an emergency or the sounding of a general alarm, is required to be on the bridge and in charge. If there is no such designation, the term master shall refer to the person of master's rank and pay who is ultimately in charge of the navigation of the vessel as reflected in the vessel's official log book, or there being no official log book, the bridge log of the vessel.
(h) Mate shall refer to the person of mate's rank (third mate, second mate, chief mate or simply mate) whose duties include regular bridge watchkeeping.
(4) It will be the responsibility of the pilot applicant to provide adequate documentation to enable the board to set forth and verify sea service in the manner specified in the board's application form.
The board will not provide applicants with a final determination verifying service until it receives an application form. An applicant will not get official notification of whether he/she qualifies to sit for the examination until the board reviews a formal application. In the event an applicant is working on a vessel other than one of the five specified in subsection (1)(a) of this section, e.g., a special purpose vessel, he/she will be required to provide the board with sufficient documentation to demonstrate to the board the amount of time involved in the navigation of a vessel underway.
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