WSR 98-21-053

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[Filed October 19, 1998, 8:11 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-10-092.

Title of Rule: Limitations on new pilots.

Purpose: To modify familiarization/training trip requirements and license limitations for new pilots during their first five years. To define the term "tanker" for purposes of this section.

Other Identifying Information: WAC 363-116-082.

Statutory Authority for Adoption: RCW 88.16.105.

Statute Being Implemented: Chapter 88.16 RCW.

Summary: The proposed rule reflects adjustments in the five-year progression of license limitations and trip assignments relating to vessel gross tonnage and bridge and waterway transits.

Reasons Supporting Proposal: The size and type of vessels has changed. The Blair Bridge and the Chehalis River Railroad Bridge have been removed.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Pilotage Commission, 2911 2nd Avenue, Seattle, WA, (206) 515-3904.

Name of Proponent: Board of Pilotage Commissioners, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is intended to set out a five-year progression of familiarization/training trips which, when completed, lift the corresponding license limitation on a new pilot's license.

Modifications to vessel gross tonnage, route, type and activity need to be addressed periodically so as to keep in step with industry changes.

Proposal Changes the Following Existing Rules: The rule as proposed defines the term "tanker" in order to more clearly describe a certain class of restricted vessels. Vessel tonnages are adjusted to more appropriately spread the five-year progression of license limitations and familiarization/training trip requirements in the Puget Sound pilotage district. The removal of the Blair Bridge in the Puget Sound pilotage district and the Chehalis River Railroad Bridge in the Grays Harbor pilotage district necessitated some housekeeping modifications.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not regulate private business. Therefore, the rule will have no economic impact on small business.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: 2911 2nd Avenue, Level B Conference Room, Seattle, WA 98121, on December 10, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Peggy Larson by December 7, 1998, (206) 515-3904.

Submit Written Comments to: Mr. Larry Vognild, Chairman, fax (206) 515-3969, by December 3, 1998.

Date of Intended Adoption: At the meeting following the hearing, December 10, 1998.

October 19, 1998

Peggy Larson

Administrator

AMENDATORY SECTION (Amending WSR 97-08-042 [97-14-032], filed 3/28/97 [6/25/97], effective 3/28/97 [7/26/97])

WAC 363-116-082  Limitations on new pilots. (1) The following limitations shall apply to a newly licensed pilot during his/her first five years of active service. Except where otherwise noted, the pilotage assignment may include docking and undocking of vessels within the tonnage limitations. For purposes of this section, the term "tanker" shall in addition to tankers include any combination of tug and tank barge, and any tonnage restrictions thereon shall be calculated by including the gross tonnage of the tug and tank barge combined. All tonnages referred to are international tonnages.

(2) Progressive lifting of tonnage limitations requires a newly licensed pilot to satisfactorily complete the familiarization/training trips listed under the direct supervision of a five-year pilot. This veteran pilot shall complete and submit an evaluation form for each trip a new pilot performs. All of these trips must, if practical, be completed during the last ninety days of the license year.

(3) Puget Sound pilotage district - License limitations.

(a) First year:

(i) Not authorized to pilot loaded petroleum tankers.

(ii) Not authorized to pilot any vessels in excess of 25,000 gt or 660' in length. ((or))

(iii) Not authorized to pilot any passenger vessels in excess of 5,000 gt.

(b) Second year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 25,000 gt.

(ii) Not authorized to pilot any vessels in excess of 30,000 gt.

(c) Third year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 32,000 gt.

(ii) Not authorized to pilot any vessels in excess of 45,000 gt.

(d) Fourth year:

(i) Not authorized to pilot loaded petroleum tankers in excess of ((32,000)) 38,000 gt.

(ii) Not authorized to pilot any vessels in excess of 60,000 gt.

(e) Fifth year:

(i) Not authorized to pilot loaded petroleum tankers in excess of 45,000 gt.

(ii) Not authorized to pilot any vessels in excess of 75,000 gt.

(4) Puget Sound pilotage district - Familiarization/training trips.

(a) Prior to the expiration of the first license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of not more than ((25,000)) 30,000 gt; and the third trip shall involve a ((bridge and)) waterway transit of a vessel between 25,000 and 35,000 gt.

(b) Prior to the expiration of the second license year, a new pilot must make three familiarization/training trips, two of which shall involve docking loaded petroleum tankers of between 25,000 and 32,000 gt; and the third trip shall involve the ((anchoring)) docking of a vessel between 30,000 and 45,000 gt other than a loaded petroleum tanker.

(c) Prior to the expiration of the third license year, a new pilot must make ((two)) three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker of between 32,000 and 38,000 gt; and two trips shall involve the docking of vessels between 45,000 and ((55,000)) 60,000 gt other than loaded petroleum tankers.

(d) Prior to the expiration of the fourth license year, a new pilot must make three familiarization/training trips, one of which shall involve docking a loaded petroleum tanker((s)) of between ((32,000)) 38,000 and 45,000 gt; and two trips shall involve the docking of vessels between 60,000 and 75,000 gt other than loaded petroleum tankers.

(e) Prior to the expiration of the fifth license year, a new pilot must make three familiarization/training trips which shall involve two trips docking and one trip anchoring loaded petroleum tankers of 55,000 gt or larger.

(f) All of these trips must be complete trips between one port and another port, or between the pilot station and a port.

(5) Grays Harbor pilotage district - License limitations.

(a) First year:

(i) Not authorized to pilot loaded tankers ((or barges)) carrying chemical or petroleum products.

(ii) Not authorized to pilot any vessels in excess of 17,500 gt.

(iii) Not authorized to pilot loaded or partially loaded vessels through the Chehalis River bridge((s)).

(b) Second year:

(i) Not authorized to pilot loaded tankers ((or barges)) carrying chemical or petroleum products in excess of 10,000 gt.

(ii) Not authorized to pilot any vessels in excess of 20,000 gt.

(c) Third year: Not authorized to pilot any vessels in excess of 22,500 gt.

(d) Fourth Year: Not authorized to pilot any vessels in excess of 25,000 gt.

(e) Fifth year: Not authorized to pilot any vessels in excess of 30,000 gt.

(6) Grays Harbor pilotage district - Familiarization/training trips.

(a) Prior to the expiration of the first license year, a new pilot must make ten familiarization/training trips. Eight of these trips shall be through the Chehalis River bridge((s)) on loaded or partially loaded vessels. The other trips may be elsewhere on the waterway but shall be on vessels in excess of 17,500 gt.

(b) Prior to the expiration of the second license year, a new pilot must make three familiarization/training trips on vessels in excess of 20,000 gt. Two of these trips shall involve docking and passage to or from the sea buoy; and one of these trips shall involve turning the vessel in the waterway.

(c) Prior to the expiration of the third license year, a new pilot must make three familiarization/training trips on vessels in excess of 25,000 gt to or from the sea buoy. Two of these trips shall involve docking these vessels.

(d) Prior to the expiration of the fourth license year, a new pilot must make three familiarization/training trips on vessels in excess of 27,500 gt or on the nearest larger size vessels available. Two of these trips shall involve docking these vessels; and one of these trips shall involve turning the vessel in the waterway.

(e) Prior to the expiration of the fifth license year, a new pilot must make three familiarization/training trips on vessels in excess of 32,500 gt or on the nearest larger size vessels available.

(7) The initial license shall contain the limitations contained above and list the date of commencement and expiration of such periods. If a newly licensed pilot is unable to pilot for forty-five days or more in any one of the five years, he shall notify the board and request a revised schedule of limitations.

(8) No pilot shall be dispatched to, or accept an assignment on, any vessel which exceeds the limitations of his/her license. On vessels in which there is more than one pilot assigned, the license limitations shall apply only to the pilot in charge.

(9) All limitations on a new pilot's license shall be lifted at the beginning of the sixth year of piloting provided he/she has submitted to the board a statement attesting to the fact that he/she has completed all the required familiarization/training requirements and the vessel simulator courses required.

[Statutory Authority: RCW 88.16.105. 97-14-032, § 363-116-082, filed 6/25/97, effective 7/26/97. Recodified as § 363-116-082. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035 and 88.16.105. 93-09-016, § 296-116-082, filed 4/14/93, effective 5/15/93. Statutory Authority: RCW 88.16.105. 92-24-056, § 296-116-082, filed 11/30/92, effective 12/31/92; 92-08-051, § 296-116-082, filed 3/26/92, effective 4/26/92; 89-18-063 (Order 89-6, Resolution No. 89-6), § 296-116-082, filed 9/1/89, effective 10/2/89; 89-11-060 (Order 89-5, Resolution No. 89-5), § 296-116-082, filed 5/18/89. Statutory Authority: RCW 88.16.035. 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-082, filed 3/4/80.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.