Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-10-024.

     Title of Rule and Other Identifying Information: WAC 363-116-360 Exempt vessels.

     Hearing Location(s): 2901 Third Avenue, 1st Floor, Agate Conference Room, Seattle, WA 98121, on September 13, 2012, at 9:30 a.m.

     Date of Intended Adoption: September 13, 2012.

     Submit Written Comments to: Captain Harry Dudley, Chairman, 2901 Third Avenue, Suite 500, Seattle, WA 98121, e-mail larsonp@wsdot.wa.gov, fax (206) 515-3906, by September 6, 2012.

     Assistance for Persons with Disabilities: Contact Shawna Erickson by September 10, 2012, (206) 515-3647.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change to this rule regarding the tonnage limitation on foreign flagged yachts applying for a pilotage exemption is necessary due to the passage of SB 6171 which amended RCW 88.16.070 and became effective on June 7, 2012. The new rule will reflect the increase to the tonnage limitation from five hundred to seven hundred fifty gross tons (international).

     Application procedures have been modified, as well as the fee structure and the petition form.

     A definition of "annual renewal" is provided.

     Reasons Supporting Proposal: It is the board's intent to align the language of the rule with that of the statute.

     Stakeholder comments are welcome and continue to be considered.

     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 proposed modifications to this rule are intended to accommodate not only larger yachts, but all yachts transiting Washington state pilotage waters who meet the vessel exemption criteria.

     Name of Proponent: Board of pilotage commissioners, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2901 Third Avenue, Seattle, WA 98121, (206) 515-3904.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The application of the proposed modifications is clear in the description of the proposal and its anticipated effects as well as the proposed language shown below.

     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).

July 31, 2012

Peggy Larson

Executive Director

OTS-4931.1

AMENDATORY SECTION(Amending WSR 10-24-085, filed 11/30/10, effective 12/31/10)

WAC 363-116-360   Exempt vessels.   (1) Under the authority of RCW 88.16.070, application may be made to the board of pilotage commissioners to seek exemption from the pilotage requirements for the operation of a limited class of small passenger vessels ((or yachts)), which are not more than five hundred gross tons (international), do not exceed two hundred feet in length, and are operated exclusively in the waters of the Puget Sound pilotage district and lower British Columbia, or yachts, which are not more than seven hundred fifty gross tons (international), and do not exceed two hundred feet in length. For purposes of this section, any vessel carrying passengers for a fee, including yachts under charter where both the vessel and crew are provided for a fee, shall be considered a passenger vessel.

     The owners or operators of the vessel for which exemption is sought must:

     (a) Complete and file with the board a petition requesting an exemption at least ((sixty days)) forty-eight hours prior to planned vessel operations ((in the Puget Sound pilotage district)) where possible. Petitions filed with less than ((sixty days)) forty-eight hours notice may be considered by the chair at the chair's discretion((.

     (b) The petition requesting exemption shall be)) on a board-approved form ((which)). The form shall include a description of the vessel, the contemplated use of vessel, the proposed area of operation, the names and addresses of the vessel's owner and operator, the areas and dates of planned operations, and such other information as the board shall require ((on its petition form)).

     (((c))) (b) Pay the appropriate initial application or renewal fee with the submittal of the petition, which is listed in subsection (5) of this section.

     (2) All petitions for exemption filed with the board shall be ((reviewed by the chair, who shall make a recommendation to the board to be)) considered at its next regularly or specially scheduled meeting. Consistent with the public interest, the chair may grant an interim exemption to a petitioner subject to final approval at the next board meeting, where special time or other conditions exist.

     (3) Any grant of an ((interim)) exemption, including interim exemptions, may contain such conditions as the board, or in the case of an interim exemption, the chair, deems necessary to protect the public interest in order to prevent the loss of human life and property and to protect the marine environment of the state of Washington.

     Such conditions may include: A requirement that the vessel employ the services of a pilot on its initial voyage into ((Puget Sound)) state pilotage waters; and/or that the master of the vessel at all times hold as a minimum, a United States government license as a master of ocean or near coastal steam or motor vessels of not more than sixteen hundred gross tons or as a master of inland steam or motor vessels of not more than five hundred gross tons, such license to include a current radar endorsement; and/or that the vessel possess specific navigational charts, publications and navigational equipment necessary to ensure safe operation.

     (((3) The recommendation of the chair shall be considered at the next regular or specially scheduled meeting of the board. Interested parties shall receive notice and opportunity for hearing at that time, provided that the party notifies the board at least five days in advance of the meeting of its desire for hearing.))

     (4) The board shall annually, or at any other time when in the public interest, review any exemptions granted to the specified class of small vessels to ensure that each exempted vessel remains in compliance with the original exemption and any conditions to the exemption. The board shall have the authority to revoke such exemption when there is not continued compliance with the requirements for exemption.

     (5) Fee Schedule for Petitioners for Exemption

	3 Months or Less		1 Year or Less		Annual Renewal
A. Yachts
Up to and including 50 feet LOA	$((300)) 50		$((500)) 50		$((200)) 50
Up to and including 100 feet LOA	450		750		300
Up to and including 200 feet LOA	750		1125		450
B. Passenger Vessels
Up to and including 100 feet LOA	1125		1500		600
Up to and including 200 feet LOA	1500		1500		750

     (6) Petitions for annual renewals must be submitted prior to expiration of the previous exemption, provided that a vessel not operating in the waters of the pilotage district at the time an exemption expires, may request a renewal up to thirty days after expiration of the prior exemption.

[Statutory Authority: Chapter 88.16 RCW. 10-24-085, § 363-116-360, filed 11/30/10, effective 12/31/10. Statutory Authority: RCW 88.16.070 and 1995 c 174. 97-12-018, § 363-116-360, filed 5/28/97, effective 6/28/97. 97-08-042, recodified as § 363-116-360, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.070. 93-07-077, § 296-116-360, filed 3/18/93, effective 4/18/93; 90-20-039, § 296-116-360, filed 9/25/90, effective 10/26/90; 88-09-015 (Order 88-6, Resolution No. 88-6), § 296-116-360, filed 4/13/88.]

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