WSR 06-21-076 PROPOSED RULES
BOARD OF PILOTAGE COMMISSIONERS
[ Filed October 17, 2006, 8:35 a.m. ] Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district.
Hearing Location(s): 2901 Third Avenue, 4th Floor, Rainier Conference Room, Seattle, WA 98121, on December 14, 2006, at 9:30 a.m.
Date of Intended Adoption: December 14, 2006.
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 December 7, 2006.
Assistance for Persons with Disabilities: Contact Judy Bell by December 11, 2006, (206) 515-3647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to amend the Puget Sound pilotage district tariff regarding the training surcharge.
The proposed rule reflects the deletion of the initial training surcharge of $10.00 per vessel assignment that was used to establish a fund for payment of pilot trainee stipends.
The proposed rule also reflects a decrease in the amount of the additional training surcharge added to each vessel assignment from $10.00 to $5.00.
Reasons Supporting Proposal: The amount of training surcharge was based on a traffic level of six hundred vessel assignments per month. The fund balance has exceeded the amount necessary to pay trainee stipends due to the actual vessel traffic being higher than projected.
In order to reduce the balance in the fund, the initial surcharge has been eliminated and the additional surcharge has been reduced.
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: 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: Board of pilotage commissioners, governmental.
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 being considered will decrease the amount charged to vessels calling in Puget Sound.
The application of the proposed decrease is clear in the description of the proposal and its anticipated effects as well as the proposed tariff 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).
October 16, 2006
Peggy Larson
Administrator
OTS-9324.1
AMENDATORY SECTION(Amending WSR 06-12-009, filed 5/26/06, effective 7/1/06)
WAC 363-116-300 Pilotage rates for the Puget Sound pilotage district. Effective 0001 hours ((July 1, 2006)) January 15, 2007, through 2400 hours June 30, 2007.
CLASSIFICATION RATE Ship length overall (LOA) Charges: Per LOA rate schedule in this section. Boarding fee: $43.00 Per each boarding/deboarding at the Port Angeles pilot station. Harbor shift - Live ship (Seattle Port) LOA Zone I Harbor shift - Live ship (other than Seattle Port) LOA Zone I Harbor shift - Dead ship Double LOA Zone I Towing charge - Dead ship: Double LOA Zone LOA of tug + LOA of tow + beam of tow
Any tow exceeding seven hours, two pilots are mandatory. Harbor shifts shall constitute and be limited to those services in moving vessels from dock to dock, from anchorage to dock, from dock to anchorage, or from anchorage to anchorage in the same port after all other applicable tariff charges for pilotage services have been recognized as payable.
Compass Adjustment $310.00 Radio Direction Finder Calibration $310.00 Launching Vessels $466.00 Trial Trips, 6 hours or less (minimum $876.00) $146.00 per hour Trial Trips, over 6 hours (two pilots) $291.00 per hour Shilshole Bay ? Salmon Bay $182.00 Salmon Bay ? Lake Union $141.00 Lake Union ? Lake Washington (plus LOA zone from Webster Point) $182.00 Cancellation Charge LOA Zone I Cancellation Charge ? Port Angeles: LOA Zone II (When a pilot is ordered and vessel proceeds to a port outside the Puget Sound pilotage district without stopping for a pilot or when a pilot order is canceled less than twelve hours prior to the original ETA.)
Waterway and Bridge Charges:Ships up to 90' beam:
A charge of $229.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle, south of Eleventh Street in any of the Tacoma waterways, in Port Gamble, or in the Snohomish River. Any vessel movements required to transit through bridges shall have an additional charge of $109.00 per bridge.
Ships 90' beam and/or over:A charge of $311.00 shall be in addition to bridge fees for any vessel movements both inbound and outbound required to transit south of Spokane Street in Seattle and south of Eleventh Street in any of the Tacoma waterways. Any vessel movements required to transit through bridges shall have an additional charge of $217.00 per bridge.
(The above charges shall not apply to transit of vessels from Shilshole Bay to the limits of Lake Washington.)
Two or three pilots required:In a case where two or three pilots are employed for a single vessel waterway or bridge transit, the second and/or third pilot charge shall include the bridge and waterway charge in addition to the harbor shift rate.
Docking Delay After Anchoring:Applicable harbor shift rate to apply, plus $236.00 per hour standby. No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof.
Sailing Delay:
No charge if delay is 60 minutes or less. If the delay is more than 60 minutes, charge is $236.00 for every hour or fraction thereof. The assessment of the standby fee shall not exceed a period of twelve hours in any twenty-four-hour period.
Slowdown:When a vessel chooses not to maintain its normal speed capabilities for reasons determined by the vessel and not the pilot, and when the difference in arrival time is one hour, or greater, from the predicted arrival time had the vessel maintained its normal speed capabilities, a charge of $236.00 per hour, and each fraction thereof, will be assessed for the resultant difference in arrival time.
Delayed Arrival ? Port Angeles:When a pilot is ordered for an arriving inbound vessel at Port Angeles and the vessel does not arrive within two hours of its ETA, or its ETA is amended less than six hours prior to the original ETA, a charge of $236.00 for each hour delay, or fraction thereof, shall be assessed in addition to all other appropriate charges.
When a pilot is ordered for an arriving inbound vessel at Port Angeles and the ETA is delayed to six hours or more beyond the original ETA, a cancellation charge shall be assessed, in addition to all other appropriate charges, if the ETA was not amended at least twelve hours prior to the original ETA.
Tonnage Charges:0 to 20,000 gross tons:
Additional charge to LOA zone mileage of $0.0073 a gross ton for all gross tonnage up to 20,000 gross tons.
20,000 to 50,000 gross tons:Additional charge to LOA zone mileage of $0.0751 a gross ton for all gross tonnage in excess of 20,000 gross tons up to 50,000 gross tons.
50,000 gross tons and up:In excess of 50,000 gross tons, the charge shall be $0.0900 per gross ton.
For vessels where a certificate of international gross tonnage is required, the appropriate international gross tonnage shall apply.
Transportation to Vessels on Puget Sound:
March Point or Anacortes $157.00 Bangor 153.00 Bellingham 181.00 Bremerton 135.00 Cherry Point 209.00 Dupont 97.00 Edmonds 35.00 Everett 59.00 Ferndale 199.00 Manchester 131.00 Mukilteo 53.00 Olympia 125.00 Point Wells 35.00 Port Gamble 185.00 Port Townsend (Indian Island) 223.00 Seattle 15.00 Tacoma 71.00
(a) Intraharbor transportation for the Port Angeles port area: Transportation between Port Angeles pilot station and Port Angeles harbor docks - $15.00.(b) Interport shifts: Transportation paid to and from both points.
(c) Intraharbor shifts: Transportation to be paid both ways. If intraharbor shift is canceled on or before scheduled reporting time, transportation paid one way only.
(d) Cancellation: Transportation both ways unless notice of cancellation is received prior to scheduled reporting time in which case transportation need only be paid one way.
(e) Any new facilities or other seldom used terminals, not covered above, shall be based on mileage x $2.00 per mile.
Delinquent Payment Charge:1 1/2% per month after 45 days from first billing.
Nonuse of Pilots:Ships taking and discharging pilots without using their services through all Puget Sound and adjacent inland waters shall pay full pilotage fees on the LOA zone mileage basis from Port Angeles to destination, from place of departure to Port Angeles, or for entire distance between two ports on Puget Sound and adjacent inland waters.
Training Surcharge:Effective ((
October 1, 2005)) January 15, 2007, a surcharge of (($10.00 shall be added to each vessel assignment for establishing a fund for payment of pilot trainee stipends. Thereafter, an additional $10.00)) $5.00 for each pilot trainee then receiving a stipend pursuant to the training program provided in WAC 363-116-078 shall be added to each vessel assignment. ((The need for the initial $10.00 surcharge will be reviewed at each regular tariff hearing, or at such other times as may be determined by the board, where need is determined by considering the funds then available for trainee stipends and the number of trainees projected to be in the training program receiving a stipend during the tariff year.))
LOA Rate Schedule:The following rate schedule is based upon distances furnished by National Oceanic and Atmospheric Administration, computed to the nearest half-mile and includes retirement fund contributions.
LOA ZONE ZONE ZONE ZONE ZONE ZONE I II III IV V VI Intra Harbor 0-30 Miles 31-50 Miles 51-75 Miles 76-100 Miles 101 Miles Over Up to 449 227 351 600 894 1,204 1,562 450 - 459 236 358 604 908 1,224 1,570 460 - 469 238 362 613 923 1,240 1,577 470 - 479 247 372 621 941 1,244 1,580 480 - 489 253 379 624 959 1,251 1,587 490 - 499 257 384 632 976 1,267 1,595 500 - 509 270 391 642 988 1,276 1,605 510 - 519 272 398 649 1,002 1,290 1,610 520 - 529 275 412 657 1,007 1,301 1,624 530 - 539 284 417 666 1,018 1,322 1,642 540 - 549 289 423 681 1,029 1,343 1,657 550 - 559 294 438 686 1,044 1,353 1,673 560 - 569 305 455 699 1,053 1,366 1,689 570 - 579 311 459 702 1,058 1,380 1,700 580 - 589 324 466 718 1,066 1,389 1,717 590 - 599 340 476 723 1,071 1,409 1,737 600 - 609 351 490 732 1,075 1,426 1,746 610 - 619 371 495 746 1,080 1,440 1,761 620 - 629 386 502 751 1,092 1,456 1,782 630 - 639 404 510 760 1,095 1,469 1,797 640 - 649 419 522 769 1,097 1,481 1,810 650 - 659 449 531 782 1,107 1,499 1,829 660 - 669 458 537 789 1,112 1,515 1,844 670 - 679 474 551 797 1,132 1,533 1,854 680 - 689 481 560 808 1,142 1,546 1,872 690 - 699 495 569 820 1,162 1,562 1,911 700 - 719 517 588 835 1,177 1,592 1,933 720 - 739 548 604 856 1,193 1,624 1,965 740 - 759 569 632 872 1,204 1,657 2,000 760 - 779 591 653 894 1,224 1,689 2,027 780 - 799 621 682 908 1,240 1,717 2,062 800 - 819 646 702 926 1,247 1,746 2,093 820 - 839 666 727 947 1,267 1,782 2,118 840 - 859 694 756 965 1,281 1,809 2,154 860 - 879 720 782 983 1,314 1,844 2,185 880 - 899 746 805 1,002 1,345 1,872 2,217 900 - 919 768 831 1,019 1,379 1,911 2,248 920 - 939 791 856 1,044 1,409 1,931 2,278 940 - 959 820 878 1,059 1,440 1,965 2,306 960 - 979 839 904 1,078 1,469 2,000 2,341 980 - 999 867 926 1,096 1,499 2,027 2,370 1000 - 1019 919 986 1,145 1,579 2,122 2,473 1020 - 1039 944 1,014 1,180 1,624 2,186 2,546 1040 - 1059 972 1,039 1,215 1,673 2,249 2,621 1060 - 1079 1,002 1,076 1,250 1,724 2,319 2,699 1080 - 1099 1,032 1,107 1,288 1,773 2,387 2,780 1100 - 1119 1,061 1,140 1,327 1,828 2,458 2,864 1120 - 1139 1,094 1,176 1,368 1,881 2,532 2,949 1140 - 1159 1,126 1,209 1,407 1,938 2,609 3,038 1160 - 1179 1,159 1,244 1,450 1,996 2,686 3,129 1180 - 1199 1,195 1,282 1,492 2,056 2,768 3,223 1200 - 1219 1,231 1,321 1,536 2,118 2,850 3,318 1220 - 1239 1,267 1,360 1,582 2,181 2,934 3,417 1240 - 1259 1,304 1,400 1,629 2,246 3,023 3,519 1260 - 1279 1,343 1,441 1,678 2,313 3,114 3,625 1280 - 1299 1,383 1,486 1,729 2,383 3,205 3,734 1300 - 1319 1,425 1,528 1,779 2,453 3,302 3,845 1320 - 1339 1,468 1,574 1,834 2,527 3,400 3,961 1340 - 1359 1,510 1,622 1,889 2,602 3,502 4,080 1360 - 1379 1,556 1,669 1,944 2,681 3,606 4,200 1380 - 1399 1,602 1,719 2,004 2,760 3,714 4,328 1400 - 1419 1,650 1,771 2,061 2,842 3,825 4,457 1420 - 1439 1,699 1,824 2,124 2,928 3,941 4,590 1440 - 1459 1,751 1,879 2,189 3,014 4,059 4,727 1460 - 1479 1,800 1,934 2,252 3,105 4,180 4,868 1480 - 1499 1,855 1,991 2,320 3,197 4,304 5,013 1500 Over 1,911 2,052 2,389 3,295 4,432 5,163 [Statutory Authority: RCW 88.16.035. 06-12-009, § 363-116-300, filed 5/26/06, effective 7/1/06. Statutory Authority: Chapter 88.16 RCW and 2005 c 26. 05-18-021, § 363-116-300, filed 8/29/05, effective 10/1/05. Statutory Authority: RCW 88.16.035. 05-12-055, § 363-116-300, filed 5/26/05, effective 7/1/05; 04-12-014, § 363-116-300, filed 5/24/04, effective 7/1/04; 03-12-019, § 363-116-300, filed 5/28/03, effective 7/1/03; 02-12-008, § 363-116-300, filed 5/23/02, effective 7/1/02; 01-18-050, § 363-116-300, filed 8/30/01, effective 9/30/01; 01-12-032, § 363-116-300, filed 5/29/01, effective 7/1/01; 00-11-119, § 363-116-300, filed 5/22/00, effective 7/1/00; 99-12-027, § 363-116-300, filed 5/25/99, effective 7/1/99; 98-12-008, § 363-116-300, filed 5/22/98, effective 7/1/98; 97-12-017, § 363-116-300, filed 5/28/97, effective 7/1/97. Recodified as § 363-116-300. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.035. 96-12-017, § 296-116-300, filed 5/29/96, effective 7/1/96; 95-12-018, § 296-116-300, filed 5/30/95, effective 7/1/95; 94-12-044, § 296-116-300, filed 5/27/94, effective 7/1/94; 93-12-133, § 296-116-300, filed 6/2/93, effective 7/3/93; 92-14-007, § 296-116-300, filed 6/19/92, effective 7/20/92; 91-11-074, § 296-116-300, filed 5/20/91, effective 6/20/91; 90-20-116, § 296-116-300, filed 10/2/90, effective 11/2/90; 90-08-095, § 296-116-300, filed 4/4/90, effective 5/5/90; 89-08-041 (Order 89-2, Resolution No. 89-2), § 296-116-300, filed 3/31/89. Statutory Authority: RCW 88.16.050. 88-05-039 (Order 88-1, Resolution No. 88-1), § 296-116-300, filed 2/16/88, effective 3/18/88. Statutory Authority: RCW 88.16.035(4). 87-01-081 (Orders 86-9 and 86-10, Resolution Nos. 86-9 and 86-10), § 296-116-300, filed 12/19/86; 86-19-066 (Order 86-6, Resolution No. 86-6), § 296-116-300, filed 9/16/86; 86-02-035 (Order 86-1, Resolution No. 86-1), § 296-116-300, filed 12/30/85; 85-02-048 (Order 84-5, Resolution No. 84-5), § 296-116-300, filed 12/31/84; 84-04-006 (Order 84-1, Resolution No. 84-1), § 296-116-300, filed 1/20/84; 83-17-055 (Order 83-6, Resolution No. 83-6), § 296-116-300, filed 8/17/83; 82-13-065 (Order 82-4, Resolution No. 82-4), § 296-116-300, filed 6/16/82. Statutory Authority: RCW 88.16.035. 81-12-017 (Order 81-2, Resolution No. 81-2), § 296-116-300, filed 5/29/81; 80-06-084 (Order 80-1, Resolution No. 80-1), § 296-116-300, filed 5/28/80. Statutory Authority: RCW 88.16.035(4). 79-07-033 (Order 79-4, Resolution No. 79-4), § 296-116-300, filed 6/19/79. Statutory Authority: Chapter 88.16 RCW and 1977 ex. sess. c 337, §§ 1 and 4. 78-02-008 (Order 78-1), § 296-116-300, filed 1/6/78, effective 2/10/78; Order 77-18, § 296-116-300, filed 9/20/77, effective 11/1/77; Order 76-24, § 296-116-300, filed 7/22/76; Order 75-3, § 296-116-300, filed 2/10/75; Order 74-2, § 296-116-300, filed 1/8/74; Order 73-8, § 296-116-300, filed 6/20/73 and Emergency Order 73-10, filed 7/19/73, effective 8/14/73; Order 70-7, § 296-116-300, filed 7/16/70; 7/25/67; 2/18/64; 10/29/62; 12/28/60; 3/23/60.]
