WSR 22-23-129
PROPOSED RULES
BOARD OF
PILOTAGE COMMISSIONERS
[Filed November 21, 2022, 9:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 22-20-043.
Title of Rule and Other Identifying Information: WAC 363-116-0751 Qualifications for pilot applicants.
Hearing Location(s): On January 19, 2023, at 10:00 a.m., Microsoft Teams and/or via phone conference 206-531-0324, Meeting Code 928096063#. To request a video link, please call 206-515-3887 or visit www.pilotage.wa.gov for call-in instructions.
Date of Intended Adoption: January 19, 2023.
Submit Written Comments to: Jaimie Bever, Executive Director, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, email BeverJ@wsdot.wa.gov, by January 10, 2023.
Assistance for Persons with Disabilities: Contact Jolene Hamel, phone 206-515-3904, email HamelJ@wsdot.wa.gov, by January 16, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to update the exam process to better reflect agency practices, goals, and values, as well as to conduct other housekeeping of language to increase clarity to pilot aspirants and applicants, in preparation for the 2024 marine pilot exam.
Reasons Supporting Proposal: The proposed revisions will provide pilot applicants with a better understanding of requirements and qualifications for the exam process. In addition, the proposed rule language better aligns with Washington state diversity, equity, and inclusion initiatives.
Statutory Authority for Adoption: Chapter
88.16 RCW, Pilotage Act.
Statute Being Implemented: Chapter
88.16 RCW, Pilotage Act.
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 board received a recommendation from the trainee evaluation committee favoring implementation of the proposed language based on the benefits listed above.
Name of Proponent: Washington state board of pilotage commissioners, governmental.
Name of Agency Personnel Responsible for Drafting: Jaimie C. Bever, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, 206-515-3887; Implementation and Enforcement: Board of Pilotage Commissioners, 2901 3rd Avenue, Suite 500, Seattle, WA 98121, 206-515-3904.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Scope of exemption for rule proposal:
Is fully exempt.
November 21, 2022
Jaimie C. Bever
Executive Director
OTS-4215.1
AMENDATORY SECTION(Amending WSR 20-19-110, filed 9/21/20, effective 10/22/20)
WAC 363-116-0751Qualifications for pilot applicants.
(1) Sea service.
(a) In addition to meeting the preexamination requirements of RCW
88.16.090, pilot applicants must, before taking the examination provided in WAC 363-116-076, meet one of the following indicated service requirements while holding a minimum license as mate/master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC)((
:))
; any such license to be held by the applicant for at least two years before application.Vessel Type | Minimum Size | Waters | Minimum Time |
Cargo or tank | 5000 GRT or 10,000 GT (ITC) | Ocean or near coastal | 1 year as master |
Cargo or tank | 700 GRT or 1400 GT (ITC) | Ocean or near coastal | 2 years as master |
Cargo or tank | 1600 GRT or 3000 GT (ITC) | Inland | 2 years as master |
Passenger or ferry | 1600 GRT or 3000 GT (ITC) | Ocean, near coastal or inland | 2 years as master |
Towing | 100 GRT or 300 GT (ITC) towing/barge combination greater than 1600 GRT or 3000 GT (ITC) | Ocean, near coastal or inland | 2 years as master |
Ship assist | 100 GRT or 300 GT (ITC) | Inland | 2 years as master or 4 years sailing as a mate/master with a minimum of 1 year as master |
Articulated tug barge (ATB) | Combined 10,000 GT (ITC) | Ocean or near coastal | 4 years sailing as a mate/master with a minimum of 1 year as master |
U.S. Flag government | 3000 displacement tons | Ocean, near coastal or inland | 2 years as commanding officer or master |
Special purpose | 1600 GRT or 3000 GT (ITC) | Ocean, near coastal or inland | 2 years as master |
Other |
State-licensed pilot or Navy civil service pilot | 1600 GRT or 3000 GT (ITC) | Ocean, near coastal or inland | 2 years as pilot and 120 vessel moves |
(b) Sea service is calculated based on days spent onboard a vessel while it is actively engaged in normal operations. "Sea service" does not include time onboard a vessel that is "laid up" or on "standby." One day of duty time equates to one day of sea service with no multiples or reductions based upon the type of industry or the watch and schedule a certain officer has to stand. In calculating sea service under this subsection, a year of service shall equal ((three hundred sixty))360 days of service on the vessel in the required capacity. Pilot applicants combining the above types of sea service shall have a total of at least two years of the various service times, except that one day of service as master on cargo, tank, or passenger/ferry vessels of at least 5000 GRT or 10,000 GT (ITC) shall be credited as two days of service time for the purpose of calculating such combined service times.
(c) Ship assist vessel sea service as mate must be on vessels where the mate is the sole vessel operator and acts independently of the master for ((twelve))12 hours per day.
(2) In lieu of the requirements of subsection (1) of this section, a pilot applicant may substitute either:
(a) Two years of service as a state licensed pilot and active member of a professional pilot association or as a naval federal pilot during which periods the pilot applicant was actively engaged in maneuvering, docking and undocking vessels while holding a minimum license as a master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters; a naval federal pilot or state licensed pilot must also have 120 vessel moves; or
(b) Two years of service as a commanding officer or master of U.S. flag government vessels of not less than 3000 displacement tons. The pilot applicant must hold at the time of application a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC) upon oceans, near coastal waters or inland waters; or
(c) Two years of service as master of special purpose vessels of not less than 1600 GRT or 3000 GT (ITC) while holding a minimum license as master of steam or motor vessels of not more than 1600 GRT or 3000 GT (ITC), provided that the sea time making up the sea service was spent in charge of a vessel that can be documented to have been underway and to have required the type of ship-handling, navigation and leadership skills that the board finds necessary to provide the experience needed to become a pilot. Special purpose vessels may include fishing vessels, fishing processors, research vessels, offshore supply vessels, dredge vessels, and cable vessels. Special purpose vessels do not include drill ships. Evaluation of service time on special purpose vessels shall be made by the board on a case-by-case basis and shall not be approved unless the board finds the service to be the substantial equivalent of the sea service required in subsection (1)(a) and (b) of this section or (a) and (b) of this subsection. The determination of the board as to the suitability of service as master of a special purpose vessel will be final.
(3) As used in this section these terms shall have the following meanings:
(a) Cargo or tank vessels shall refer to vessels primarily engaged in the transportation of cargo between points.
(b) Passenger vessels shall refer to vessels primarily engaged in the transportation of passengers between points. This shall include yachts only to the extent and for such times that such vessels are actively engaged in moving passengers between points.
(c) Ferry vessels shall refer to vessels primarily engaged in the transportation of vehicles and passengers between points.
(d) Towing vessels shall refer to vessels primarily engaged in commercial towing.
(e) Ship assist vessels shall refer to vessels primarily engaged in assisting ships dock, undock, and maneuver.
(f) GRT shall refer to gross register tonnage (domestic).
(g) GT (ITC) shall refer to gross tonnage measured in accordance with the requirements of the 1969 International Convention on Tonnage Measurement of Ships.
(h) Master shall refer to the person of master's rank on the vessel's station bill or muster list or other such document who, in the event of an emergency or the sounding of a general alarm, is required to be on the bridge and in charge. If there is no such designation, the term master shall refer to the person of master's rank and pay who is ultimately in charge of the navigation of the vessel as reflected in the vessel's official log book, or there being no official log book, the bridge log of the vessel.
(i) Mate shall refer to the person of mate's rank (third mate, second mate, chief mate or simply mate) whose duties include regular bridge watchkeeping. Except where mate is defined above under ship assist sea time.
(4) It will be the responsibility of the pilot applicant to provide adequate documentation to enable the board to set forth and verify sea service in the manner specified in the board's application form.
The board will not provide applicants with a final determination verifying service until it receives an application form. An applicant will not get official notification of whether ((he/she qualifies))they qualify to sit for the examination until the board reviews a formal application. In the event an applicant is working on a vessel other than one of the five specified in subsection (1)(a) of this section, e.g., a special purpose vessel, ((he/she))the applicant will be required to provide the board with sufficient documentation to demonstrate to the board the amount of time involved in the navigation of a vessel underway.