WSR 20-07-043

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[Filed March 10, 2020, 9:57 a.m.]

Continuance of WSR 20-03-149.

Preproposal statement of inquiry was filed as WSR 19-21-106.

Title of Rule and Other Identifying Information: WAC 363-116-082 Limitations on new pilots.

Hearing Location(s): On May 21, 2020, at 10:00 a.m., at 2901 3rd Avenue, 1st Floor, Agate Conference Room.

Date of Intended Adoption: May 21, 2020.

Submit Written Comments to: Sheri Tonn, Chair, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, email BeverJ@wsdot.wa.gov, fax 206-515-3906, by May 14, 2020.

Assistance for Persons with Disabilities: Contact Jolene Hamel, phone 206-515-3904, fax 206-515-3906, email HamelJ@wsdot.wa.gov, by May 14, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to limited training opportunities in the Puget Sound Pilotage District, the board will limit the license for first-year pilots in the Duwamish Waterway. The license restriction will prohibit first-year pilots from piloting vessels greater than three thousand gross tons in the Duwamish Waterway. The restriction will be lifted through the license upgrade program developed by the board's trainee evaluation committee (TEC) for second year pilots.

The Purpose of this filing is to continue the March 19, 2020, public hearing to May 21, 2020, and extend the public comment period to May 14, 2020.

Reasons Supporting Proposal: This WAC change is necessary due to the advanced level of piloting skill required to navigate the Duwamish Waterway and lack of opportunities to obtain the required number of observation, training, and evaluation trips, as required by the board's pilot training program.

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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The board received a recommendation from TEC favoring the implementation of this license restriction based on a review of traffic patterns in the Duwamish Waterway.

Name of Proponent: Board of pilotage commissioners, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Jaimie C. Bever, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, 206-515-3887; and Enforcement: Board of Pilotage Commissioners, 2901 3rd Avenue, Suite 500, 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.

March 10, 2020

Jaimie C. Bever

Executive Director