WSR 09-10-004

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed April 22, 2009, 1:42 p.m. ]

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 Pilotage rates for the Grays Harbor pilotage district.

Hearing Location(s): 2901 Third Avenue, 1st Floor, Agate Conference Room, Seattle, WA 98121, on June 11, 2009, at 9:30 a.m.

Date of Intended Adoption: June 11, 2009.

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 June 4, 2009.

Assistance for Persons with Disabilities: Contact Judy Bell by June 8, 2009, (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 2009-2010 Grays Harbor pilotage district annual tariff.

The proposed rule reflects an effective overall increase to the tariff of 2.8% or $176 per pilotage job, as specified in the following tariff categories:

Draft and Tonnage Charges, Harbor Shifts and Bridge Transits: It is proposed that all items in these three categories be increased by 3%.

Boarding Charge and Travel Allowance: It is proposed that these two categories remain the same.

Pension Charge: It is proposed that the charge per pilotage assignment, including cancellations, be increased by $29.00.

It is proposed that a new category be added to establish charges in a case where two pilots are employed for a single vessel movement.

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, 2009. 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 the public and any other interested parties.

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. The application of the proposed increases is clear in the description of the proposal and its anticipated effects as well as 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 22, 2009

Peggy Larson

Administrator

OTS-2340.1


AMENDATORY SECTION(Amending WSR 08-14-073, filed 6/26/08, effective 8/1/08)

WAC 363-116-185   Pilotage rates for the Grays Harbor pilotage district.   Effective 0001 hours August 1, ((2008)) 2009, through 2400 hours July 31, ((2009)) 2010.


CLASSIFICATION RATE
Charges for piloting of vessels in the inland waters and tributaries of Grays Harbor shall consist of the following:
Draft and Tonnage Charges:
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.
Draft $((97.20)) 100.12 per meter
or
$((29.62)) 30.51 per foot
Tonnage $((0.279)) 0.287 per net registered ton
Minimum Net Registered Tonnage $((975.00)) 1,004.00
Extra Vessel (in case of tow) $((546.00)) 562.00
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 $((5,400.00)) 5,562.00 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, or because Terminal No. 2 is not available upon arrival that go to layberth at Terminal No. 4 (without loading or discharging cargo) 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 charges listed above.
Boarding Charge:
Per each boarding/deboarding from a boat or helicopter $1,030.00
Harbor Shifts:
For each shift from dock to dock, dock to anchorage, anchorage to dock, or anchorage to anchorage $((679.00)) 699.00
Delays per hour $((159.00)) 164.00
Cancellation charge (pilot only) $((266.00)) 274.00
Cancellation charge (boat or helicopter only) $((798.00)) 822.00
Two Pilots Required:
When two pilots are employed for a single vessel transit, the second pilot charge shall include the harbor shift charge of $699.00 and in addition, when a bridge is transited the bridge transit charge of $301.00 shall apply.
Pension Charge:
Charge per pilotage assignment, including cancellations $((197.00)) 226.00
Travel Allowance:
Transportation charge per assignment $100.00
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 $931.00 for each day or fraction thereof, and the travel expense incurred.
Bridge Transit:
Charge for each bridge transited $((292.00)) 301.00
Additional surcharge for each bridge transited for vessels in excess of 27.5 meters in beam $((809.00)) 833.00
Miscellaneous:
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. 08-14-073, 363-116-185, filed 6/26/08, effective 8/1/08; 07-14-014, 363-116-185, filed 6/22/07, effective 8/1/07; 06-13-057, 363-116-185, filed 6/16/06, effective 8/1/06; 05-14-029, 363-116-185, filed 6/24/05, effective 8/1/05; 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.]

Washington State Code Reviser's Office