Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-24-069.

     Title of Rule: Relieving pilots for cause.

     Purpose: To establish circumstances and responsibilities involving the relieving of a pilot from duty.

     Other Identifying Information: WAC 363-116-405.

     Statutory Authority for Adoption: RCW 88.16.035.

     Statute Being Implemented: Chapter 88.16 RCW.

     Summary: The proposed rule defines the circumstances under which a ship's master may relieve a Washington state-licensed compulsory pilot from his duties and the responsibility of a ship's master to obtain a substitute pilot.

     Reasons Supporting Proposal: Existing regulations do not provide for circumstances under which the master of a ship which is required by Washington state law to take a state-licensed pilot may relieve the pilot of his or her duties.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2911 Second Avenue, Suite 100, Seattle, WA 98121, (206) 515-3904.

     Name of Proponent: Washington State 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: The rule as proposed specifically provides that masters of ships may relieve a Washington state-licensed pilot from his or her duties for cause, namely that the pilot demonstrates that he or she is manifestly incompetent or incapacitated or the vessel is endangered or in extremis due to the pilot's error, and defines the duties of the ship's master and the pilot subsequent to any such relief. Existing Washington statues and regulations require that certain ships entering certain waters of the state take state-licensed pilots and define the duties of the pilots, but do not provide under what circumstances the masters of the ships may relieve the pilots of their duties, or define the duties of the masters or pilots in the event of such action.

     The anticipated effect of this rule will be to clarify that: (1) Compulsory pilots may not be arbitrarily relieved of their duties; (2) that when a pilot is relieved of his or her duties the ship's master must immediately put the ship to anchor and await a substitute pilot; and (3) to the extent possible a pilot so relieved shall remain available to advise and assist the master, until a substitute pilot is obtained.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Washington State Board of Pilotage Commissioners concludes that implementation of this new rule does not impose a more than minor cost on businesses in the shipping industry and, therefore, a small business economic impact statement is not required according to RCW 19.85.030 (1)(a).

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Board of Pilotage Commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).

     Hearing Location: 2911 Second Avenue, Level B Conference Room, Seattle, WA 98121, on April 9, 2003, at 9:30 a.m.

     Assistance for Persons with Disabilities: Contact Peggy Larson by April 6, 2003.

     Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 Second Avenue, Suite 100, Seattle, WA 98121, fax (206) 515-3969, by April 2, 2003.

     Date of Intended Adoption: April 9, 2003.

February 27, 2003

Peggy Larson

Administrator

OTS-6249.1

NEW SECTION
WAC 363-116-405   Relieving pilots for cause.   A pilot serving on a vessel required by chapter 88.16 RCW to employ a state licensed pilot may be relieved from his or her piloting duties by the ship's master only for cause as provided herein. The master may relieve a pilot only if the pilot demonstrates that he or she is manifestly incompetent or incapacitated or if the vessel is endangered or in extremis due to the pilot's error. If a pilot is relieved for cause under this section, the U.S. Coast Guard vessel traffic system shall be notified immediately and another pilot shall be requested and dispatched. In such event, the master shall immediately put the ship to anchor, to the extent it can be done safely, and await the substitute pilot. If anchoring is not possible or prudent, the master shall slow the vessel to the slowest prudent speed until another pilot can be put on board. To the extent possible and practical, after being relieved of his or her duties, the pilot shall remain available to advise and assist the master. Any pilot relieved of his piloting duties by the master pursuant to this section shall no longer be considered a servant of the vessel, its owner or operator as described in RCW 88.16.118. In the event a pilot is relieved as provided in this section, the vessel and the pilot promptly shall provide notice to the board of the event and relevant circumstances.

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