PERMANENT RULES
Date of Adoption: August 1, 2000.
Purpose: In U.S. v. Locke, et al., U.S. , 120 S.Ct. 1135 (2000), a portion or all of WAC 317-21-130, 317-21-200, 317-21-230, and 317-21-250 were determined to be preempted by federal law. The rules that were specifically stricken by the supreme court attempted to regulate in areas reserved by the constitution and congress for the federal government. The remaining rules cited above were remanded for a determination as to whether those rules also operate in a reserved field or whether they are in conflict with an existing federal regulation. Under the supreme court's ruling states may regulate vessels based on the peculiarities of local waters that call for special precautionary measures where the state rules do not conflict with existing federal rules. This holding in effect declared unconstitutional the authority granted under RCW 88.46.040 to the extent the statute authorizes or requires rules preempted under the United States Constitution and by congress. As written, the remaining rules that were challenged, either fall within a reserved field or they are not directed specifically to local circumstances and problems.
Citation of Existing Rules Affected by this Order: Repealing WAC 317-21-130 Event reporting, 317-21-200 Operating procedures -- Watch practices, 317-21-205 Operating procedures -- Navigation, 317-21-210 Operating procedures -- Engineering, 317-21-215 Operating procedures -- Prearrival tests and inspections, 317-21-220 Operating procedures -- Emergency procedures, 317-21-225 Operating procedures -- Events, 317-21-230 Personnel policies -- Training, 317-21-235 Personnel policies -- Illicit drugs and alcohol use, 317-21-240 Personnel policies -- Personnel evaluation, 317-21-245 Personnel policies -- Work hours, 317-21-250 Personnel policies -- Language, 317-21-255 Personnel policies -- Recordkeeping, 317-21-260 Management, 317-21-265 Technology, and 317-21-540 Advance notice of entry and safety reports.
Statutory Authority for Adoption: RCW 34.05.354.
Adopted under preproposal statement of inquiry filed as WSR 00-12-091 on June 7, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
August 1, 2000
Tom Fitzsimmons
Director