PROPOSED RULES
PILOTAGE COMMISSIONERS
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 363-116-185 Tariffs and pilotage rates for the Grays Harbor pilotage district.
Hearing Location(s): 2911 Second Avenue, Level B Conference Room, Seattle, WA 98121, on June 9, 2005, at 9:30 a.m.
Date of Intended Adoption: June 9, 2005.
Submit Written Comments to: Captain Harry Dudley, Chairman, 2911 Second Avenue, Seattle, WA 98121, e-mail larsonp@wsdot.wa.gov, fax (206) 515-3906, by June 2, 2005.
Assistance for Persons with Disabilities: Contact Judy Bell by June 6, 2005, (206) 515-3647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to establish a 2005-2006 annual tariff for the Grays Harbor pilotage district.
The proposed rule reflects an increase in the vessel draft charge of $9.01 per meter or $2.79 per foot; a $200 increase in the boarding fee per each boarding/deboarding from a boat or helicopter; and a $10 decrease in the pension charge per pilotage assignment, including cancellations.
All other tariff charges remain the same.
Reasons Supporting Proposal: RCW 88.16.035 requires that a tariff be set annually.
Statutory Authority for Adoption: RCW 88.16.035.
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: Current rates for the Grays Harbor pilotage district expire on July 31, 2005. New rates must be set accordingly.
All requirements necessary to amend the existing Grays Harbor pilotage district tariff as set forth in chapter 53.08 RCW have been met.
The board may adopt a rule that varies from the proposed rule upon consideration of presentations and written comments from any interested party or member of the public.
Name of Proponent: Port of Grays Harbor, public.
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 proposed rule is being considered in the context of the required annual revision to the rates charged for pilotage services and the application of the rate changes is clear in the proposed tariff shown below.
A cost-benefit analysis is not required under RCW 34.05.328. 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).
April 29, 2005
Peggy Larson
Administrator
OTS-8061.1
AMENDATORY SECTION(Amending WSR 04-14-018, filed 6/28/04,
effective 8/1/04)
WAC 363-116-185
Tariffs, and pilotage rates for the
Grays Harbor pilotage district.
Effective 0001 hours August
1, ((2004)) 2005, through 2400 hours July 31, ((2005)) 2006.
| CLASSIFICATION OF PILOTAGE SERVICE RATE |
Draft and tonnage fees:
Each vessel shall be charged according to its draft and tonnage for each vessel movement inbound to the Grays Harbor pilotage district, and for each movement outbound from the district. The draft charges shall be $((80.99)) 90.00 per meter (or $((24.64)) 27.43 per foot) and the tonnage charge shall be $0.2583 per net registered ton. The minimum net registered tonnage charge is $903.79. The charge for an extra vessel (in case of tow) is $516.48.
Provided that, due to unique circumstances in the Grays Harbor pilotage district, vessels that call, and load or discharge cargo, at Port of Grays Harbor Terminal No. 2 shall be charged $5,000 per movement for each vessel movement inbound to the district for vessels that go directly to Terminal No. 2 or that go to anchor and then go directly to Terminal No. 2, and for each vessel movement outbound from the district from Terminal No. 2, and that this charge shall be in lieu of only the draft and tonnage fees listed above.
Boarding fee:
| Per each boarding/deboarding from a boat or helicopter . . . . . . . . . . . . |
$(( |
| For each shift from dock to dock, dock to anchorage, anchorage to dock, or anchorage to anchorage . . . . . . . . . . . . | $647.88 |
|
| Delays per hour . . . . . . . . . . . . | $154.49 | |
| Cancellation charge (pilot only) . . . . . . . . . . . . | $258.22 | |
| Cancellation charge (boat or helicopter only) . . . . . . . . . . . . |
$774.69 |
| Charge per pilotage assignment, including cancellations . . . . . . . . . . . . | $(( |
| Transportation fee per assignment . . . . . . . . . . . . | $55.00 |
|
| Pilot when traveling to an outlying port
to join a vessel or returning through an
outlying port from a vessel which has
been piloted to sea shall be paid $903.82
for each day or fraction thereof, and the
travel expense incurred . . . . . . . . . . . . |
$903.82 |
| Charge for each bridge transited . . . . . . . . . . . . | $283.61 | |
| Additional surcharge for each bridge transited for vessels in excess of 27.5 meters in beam . . . . . . . . . . . . | $785.22 |
| The balance of amounts due for pilotage rates not paid within 30 days of invoice will be assessed at 1 1/2% per month late charge. |
[Statutory Authority: RCW 88.16.035. 04-14-018, § 363-116-185, filed 6/28/04, effective 8/1/04; 03-21-089, § 363-116-185, filed 10/17/03, effective 11/17/03; 03-14-042, § 363-116-185, filed 6/24/03, effective 8/1/03; 02-13-076, § 363-116-185, filed 6/17/02, effective 6/17/02; 01-18-049, § 363-116-185, filed 8/30/01, effective 9/30/01; 01-13-066, § 363-116-185, filed 6/18/01, effective 6/18/01; 00-13-097, § 363-116-185, filed 6/21/00, effective 8/1/00; 99-16-027, § 363-116-185, filed 7/27/99, effective 8/1/99; 98-19-036, § 363-116-185, filed 9/11/98, effective 9/15/98; 97-15-120, § 363-116-185, filed 7/23/97, effective 8/1/97. Recodified as § 363-116-185. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 96-14-062, § 296-116-185, filed 6/28/96, effective 8/1/96; 95-13-054, § 296-116-185, filed 6/16/95, effective 8/1/95; 94-05-006, § 296-116-185, filed 2/3/94, effective 3/6/94; 93-13-055, § 296-116-185, filed 6/16/93, effective 7/17/93; 93-03-080, § 296-116-185, filed 1/19/93, effective 2/19/93; 92-14-069, § 296-116-185, filed 6/26/92, effective 7/27/92; 91-08-008, § 296-116-185, filed 3/26/91, effective 4/26/91; 90-09-013, § 296-116-185, filed 4/6/90, effective 5/7/90; 89-08-042 (Order 89-3, Resolution No. 89-3), § 296-116-185, filed 3/31/89; 88-05-043 (Order 88-2, Resolution No. 88-2), § 296-116-185, filed 2/17/88, effective 3/21/88. Statutory Authority: RCW 88.16.035(4). 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-185, filed 12/19/86; 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-185, filed 12/31/84; 83-15-012 (Order 83-3, Resolution No. 83-3), § 296-116-185, filed 7/12/83; 82-08-016 (Order 82-1, Resolution No. 82-1), § 296-116-185, filed 3/29/82; 81-07-009 (Order 81-1, Resolution No. 81-1), § 296-116-185, filed 3/6/81; 80-03-081 (Order 79-6, Resolution No. 79-6), § 296-116-185, filed 3/4/80; Order 2-68, § 296-116-185, filed 11/1/68.]