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Oregon Bulletin

August 1, 2011

Public Utility Commission,
Board of Maritime Pilots
Chapter 856

Rule Caption: Establishes a process to file complaints with the Board; housekeeping.

Adm. Order No.: BMP 1-2011

Filed with Sec. of State: 6-28-2011

Certified to be Effective: 6-29-11

Notice Publication Date: 6-1-2011

Rules Adopted: 856-010-0031

Rules Amended: 856-010-0015, 856-010-0022

Subject: A new rule that establishes a process to file complaints with the Board and a process for their disposition. Housekeeping is for two rules to make their language consistent with other provisions.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-010-0015

Renewal of License

(1) Application for renewal of license shall be made on a form provided by the board, signed by the applicant, accompanied by a completed physical examination form consistent with the provisions of 856-010-0010(2) and presented to the administrator of the board at least thirty (30) days prior to expiration of license.

(2) All state-licensed pilots shall be required to have an annual physical examination by an Oregon or Washington licensed physician within ninety (90) days prior to expiration of their license, the physical requirements for which are the same as for the original license as specified in OAR 856-010-0010(2), except for drug testing.

(3) All state-licensed pilots shall, within six months prior to the expiration of their license, submit to a test indicating licensee is free of illegal substance abuse. Testing will be for the presence of Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16 (2009). Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA); or provide proof to the board that licensee is participating in a US Coast Guard approved random drug testing program;

(4) All applicants for renewal of licenses shall submit a photocopy of their currently applicable United States government license with radar endorsement issued by the United States Coast Guard.

(5) All applicants for renewal of unlimited licenses shall provide certification of meeting the continuing professional development requirements specified in OAR 856-010-0027. Unless waived as provided below in this paragraph, failure to comply with all requirements for renewal of license shall constitute the failure to submit a complete application for renewal and will result in the withholding of the renewal license. A pilot who is unable to complete the requirements within the time allowed due to unexpected, emergency circumstances may request in writing a waiver and the Board may, upon good cause shown, permit a license renewal for one year without the requirements being met, provided that all required certifications must be made by the applicant at the time application for renewal is made the following year.

(6) Each license issued is valid for one year and only the unlimited state license may be renewed.

(7) Notwithstanding subsection (4) of this section, if a pilot has submitted an application for renewal of the pilot’s federal license at least 60 days prior to the expiration date of his federal license, but the United States Coast Guard has not completed its renewal process by the expiration date for the federal license and the pilot has, for that reason, no currently applicable federal license at the time of renewing his state license, then the board may issue a provisionally renewed state license. Any pilot to whom a provisionally renewed state license is issued must report to the board every 30 days regarding the status of the pilot’s federal license renewal. If the United States Coast Guard completes its processing for the federal license but declines to renew the federal license, the board may treat the refusal to renew the federal license as a suspension or revocation of the federal license.

Stat. Auth.: ORS 776, 670

Stats. Implemented: ORS 776.115, 670.310

Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1995, f. & cert. ef. 5-9-96; BMOP 1-2000, f. & cert. ef. 12-6-00; BMP 4-2006, f. 9-28-06, cert. ef. 10-6-06; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2008, f. & cert. ef. 1-24-08; BMP 1-2009(Temp), f. & cert. ef. 2-10-09 thru 8-7-09; Administrative correction 8-21-09; BMP 5-2009, f. & cert. ef. 8-24-09; BMP 1-2010, f. & cert. ef. 4-27-10; BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0022

Incident Investigation Procedures

(1) Upon receiving notice that an incident has occurred, the Board member who is a licensee for the pilotage ground where the incident occurred will commence a preliminary investigation as soon as practicable. If the incident involves that Board member, or if that Board member is not available to commence a timely preliminary investigation, then the Board Chair will appoint another Board member to commence the preliminary investigation, in which case the Board Chair will also seek a volunteer from among those who are or have been licensees for the pilotage ground where the incident occurred, to serve as an advisor to the Board member conducting the preliminary investigation.

(2) The Board member conducting the preliminary investigation will, as soon as possible after receiving notice that an incident has occurred, gather sufficient information to form an opinion regarding whether the incident is likely to be a Category I or Category II incident, according to the following criteria:

(a) Category I Incident:

(A) Property damage exceeding $150,000; or

(B) loss of life or serious personal injury (requiring hospitalization); or

(D) release of more than 50 gallons of oil or other hazardous substance into the water; or

(E) a pilot may have been acting under the influence of drugs or alcohol or there is evidence of gross negligence or willful misconduct; or

(F) any factor that results in substantial, widespread public interest in the incident.

(b) Category II Incident:

(A) Any incident reportable under Board regulations that does not satisfy any of the criteria in OAR 856-010-0022(2)(a).

(3) As soon as possible after completing the preliminary investigation, the investigating Board member will contact the Board’s Chair to make a preliminary report and recommendation regarding classification of the incident as Category I or Category II. Based on the preliminary report, the investigating Board member’s recommendation, and such other factors as the Board Chair deems appropriate under the circumstances, the Board Chair will, in his or her discretion, determine whether to classify the incident as Category I or Category II.

(4) Upon the Chair’s classification of an incident as Category I, an investigating team will be promptly appointed by the Chair. The investigating team will include:

(a) The Chair or other public member of the Board, to serve as the team leader; and

(b) a shipping industry or port representative member of the Board; and

(c) the pilot member of the Board from the pilotage ground where the incident occurred, unless the incident involves that pilot, in which case the Chair will appoint another pilot member of the Board. If the pilot Board member appointed to the investigating team is not a licensee on the pilotage ground where the incident occurred, then the Board will request a volunteer from among those who are or have been licensees for the pilotage ground where the incident occurred, to serve as an advisor to the investigating team.

(5) Upon the Chair’s classification of an incident as Category II, the Board member who conducted the preliminary investigation shall proceed with completion of the investigation. The Chair may, at any time during the course of the investigation, upon receipt of new information, elect to reclassify the incident as a Category I incident requiring the appointment of an investigating team.

(6) The services of a qualified independent investigator, or an expert in a discipline that is relevant and necessary for determining the cause of an incident, should be obtained in the following circumstances:

(a) In any Category I incident, upon request of the Chair, or of two or more members of the investigating team.

(b) In any Category II incident, upon agreement of the Chair and the Board member conducting the investigation.

(7) In order to qualify as an expert for purposes of OAR 856-010-0022(6), a person must have a postgraduate degree, professional training or substantial practical experience in a discipline or subject matter that the Board investigators determine is relevant and necessary for determining the cause of an incident.

(8) The Board will keep and periodically update a list of qualified independent investigators who may be available to provide services. In order to qualify as an independent investigator for the Board, a person must:

(a) Have had at least four years previous experience investigating maritime casualties; or

(b) have served at least two years as pilot or master of vessels greater than 1600 GRT, and had formal training in investigations procedures or extensive actual experience investigating maritime casualties.

(9) The role of an independent investigator is that of an advisor to the investigating team in a Category I incident, or to the investigating Board member in a Category II incident. An independent investigator is to serve as a fact gatherer at the direction of the Board investigators, delivering information to the Board members investigating the incident. Information gathered by an independent investigator may be used by the investigating Board members for their analysis and for use in their preparation of a written report with their recommendations to the Board as a whole.

(10) When the investigation is complete, the investigating Board member or members will prepare a written report for consideration by the Board. The report shall describe the scope of the investigation, the information gathered, and include an assessment of the probable causes of the incident, and recommendations for any further Board action that should be considered. The written report shall also make a recommendation concerning the scope of distribution of the report.

Stat. Auth.: ORS 776, 670

Stats. Implemented: ORS 776.115, 670.310

Hist.: BMP 3-2009, f. & cert. ef. 6-19-09; BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0031

Complaint Process

(1) Any person or entity may file a complaint with the Board regarding the conduct of a Board licensee or trainee. Such complaints shall be in writing, and include a detailed explanation of the conduct or events complained of. Anonymous complaints are disfavored, but allowed, provided that an explanation is offered of the reason why the complainant does not wish to be identified. Anonymity may limit the ability of the Board to investigate the complaint, and therefore anonymous complaints should allege facts sufficient to allow the Board, should it choose to investigate as provided in this section, to pursue an investigation without further communications with the complainant.

(2) Each complaint shall be assigned a filing code, and then shall be directed to the Board’s Executive Committee, with a copy provided to the licensee or trainee who’s conduct is the subject of the complaint. The Executive Committee will review each complaint and shall, within 10 days of the date of filing, provide an initial response to the complainant, if identified, and the licensee or trainee, indicating whether a preliminary investigation will be undertaken. Every complaint and the Executive Committee’s initial response will be announced at the next regularly scheduled meeting of the Board.

(3) If the Executive Committee decides that an investigation should be undertaken, the Committee shall determine what resources will be necessary to complete the preliminary investigation, which may include, but are not limited to, assistance from the Board Administrator, Board Counsel, independent investigators, or subject matter experts. The Executive Committee may proceed with an initial investigation using such resources, provided that the Board may subsequently chose to expand or limit access to such resources.

(4) The Executive Committee shall, at each regularly scheduled meeting of the Board, report on the progress of any preliminary investigation it has in progress.

(5) When the preliminary investigation is complete, the Executive Committee shall report preliminary findings to the Board in writing, and shall include a recommendation to the Board of what further action, if any, appears appropriate under the circumstances, including whether to commence a disciplinary or other action authorized by ORS Chapter 776 or the Board’s regulations. A copy of the Executive Committee’s preliminary findings and recommendations shall be provided to the complainant, if known, and to the licensee or trainee whose conduct was the subject of the preliminary investigation.

(6) Nothing in this section is intended to limit the Board’s authority to initiate and conduct investigations on the Board’s own motion, supported by any basis deemed adequate by the Board.

Stat. Auth.: ORS 776, 670

Stats. Implemented: ORS 776.115, 670.310

Hist.: BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11

Rule Caption: Establishes rules for the Transportation Oversight Committee created by Board Order No. 10-02.

Adm. Order No.: BMP 2-2011

Filed with Sec. of State: 6-28-2011

Certified to be Effective: 6-29-11

Notice Publication Date: 6-1-2011

Rules Adopted: 856-030-0040

Subject: Establishes rules for the Transportation Oversight Committee (TOC), who will make recommendations to the Board for annual adjustments to the transportation system cost component of the tariff funding the pilotage system for the Columbia River Bar pilotage ground.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-030-0040

Transportation Oversight Committee

(1) For the purpose of making annual, automatic, cost-based adjustments to the transportation system cost component of the tariff funding the pilotage system for the Columbia River Bar pilotage grounds, a Transportation Oversight Committee is established, composed of one public member of the Oregon Board of Maritime Pilots (Board), two members of the Columbia River Bar Pilots (CRBP), a representative of the Columbia River Steamship Operators Association and a representative of a port located on the Columbia River. The public member of the Transportation Oversight Committee will act as chair.

(2) Beginning in 2011, the Transportation Oversight Committee will meet as necessary but at least semiannually. The Transportation Oversight Committee will perform long-term transportation system planning, will regularly review transportation system costs and operations, and will make recommendations regarding the operation of the transportation system, for the Columbia River Bar pilotage grounds.

(3) Upon agreement of a majority of members, the Transportation Oversight Committee may submit data requests to the CRBP. Data requests are written interrogatories or requests for production of documents. The data requests must be answered within 20 Board business days from the date of service. Each data request must be answered fully and separately in writing or by production of documents.

(4) On an annual basis beginning in 2011, the Transportation Oversight Committee shall make a recommendation to the Board regarding annual adjustments to the components of the Transportation System Cost of the pilotage system serving the Columbia River Bar pilotage grounds to reflect the best available information about changing economic conditions including expense levels shown by CRBP financial statements and Transportation Oversight Committee projections. The Transportation System Cost components include the following line item categories: helicopter service; repairs and maintenance infrastructure; repairs and maintenance; insurance; boat operator expense; employee wages; employee benefits; transportation launch expense; food vessel expense; taxes and licenses; and administrative/accounting. The recommended adjustments to one or more of the components of the Transportation System Cost shall be developed by the Transportation Oversight Committee and submitted in writing to the Board by June 1 of each year.

(5) In the event the Transportation Oversight Committee cannot reach agreement on one or more of the components of the Transportation System Cost, the competing views shall be described in appropriate memoranda drafted by one or more representative of the Transportation Oversight Committee and submitted to the Oregon Board of Maritime Pilots by June 1 of each year. The submission from the Transportation Oversight Committee shall be considered by the Oregon Board of Maritime Pilots at a meeting that occurs on or before July 15 of each year so that the Committee’s recommendations can be considered and any disputed issue decided in order for any adjustments to the components of the Transportation System cost to be effective on July 15 of that year.

Stat. Auth.: ORS 776, ORS 670

Stats. Implemented: ORS 776.115, ORS 670.310

Hist.: BMP 2-2011, f. 6-28-11, cert. ef. 6-29-11

Rule Caption: Adds reporting obligations, amends disciplinary rules, renumbers remedial actions rule.

Adm. Order No.: BMP 3-2011

Filed with Sec. of State: 6-28-2011

Certified to be Effective: 6-29-11

Notice Publication Date: 6-1-2011

Rules Adopted: 856-010-0021

Rules Amended: 856-010-0013, 856-010-0035, 856-010-0045

Rules Renumbered: 856-010-0048 to 856-010-0041

Subject: The new disciplinary rules require pilots to report information on non-maritime incidents that may be material to whether the Board should continue to license them. The amendments tie the new rules to the existing disciplinary action rules. Preventive, Corrective or Remedial rule language is being renumbered to position it in closer proximity to the rest of the disciplinary rules.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-010-0013

Grounds for Denying Original License Application

The Board may deny an application for a pilot’s license, if the Board finds, after notice and hearing, that:

(1) The applicant fails to meet any one or all of the requirements of the physical examination as specified in OAR 856-010-0010 and/or the physical health of the applicant is such that the applicant is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others.

(2) The mental or emotional health of an applicant is such that the applicant is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others.

(3) The applicant has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to deny an application under this provision.

(4) The applicant uses or has used alcohol, drugs, or any other substance in such a manner as to impair the applicant’s physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the applicant or the person or property of others.

(5) The applicant has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.

(6) The applicant has failed to fulfill all the minimum requirements as stated in ORS Chapter 776 and OAR Chapter 856.

(7) The applicant has been charged with a drug or alcohol offense during the past five years, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.

Stat. Auth.: ORS 670 & 776

Stats. Implemented: ORS 670.280, 670.310 & 776.115

Hist.: MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0021

Miscellaneous Reporting Obligations

(1) Any licensee or trainee who has a post-incident, random or reasonable cause drug or alcohol test with results confirmed positive by a medical review officer must report the results in writing to the Board within 72 hours after receiving such results.

(2) Any licensee or trainee who is arrested or cited for any alcohol or drug-related offense must report the arrest or citation in writing to the Board within 72 hours. Additionally, any licensee or trainee arrested or cited for any alcohol or drug-related offense must, within 72 hours, report in writing to the Board the ultimate resolution of the arrest or citation, whether by conviction, diversion, dismissal, acquittal or otherwise.

(3) Any licensee or trainee who is convicted of any crime must report the conviction in writing to the Board within 5 days of receiving notice of such conviction.

(4) Any licensee or trainee who has disciplinary action commenced against him or her, or against his or her license by the U.S. Coast Guard, must report such action in writing to the Board within 5 days of receiving notice of the initiation of such action by the U.S. Coast Guard.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115, 670.280 & 670.310

Hist.: BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0035

Disciplinary Actions

(1) Absence from Pilotage Grounds. A pilot must request in writing to the Board on the form provided by the Board permission to be absent from the pilotage ground for a period of more than sixty days. The Board will discipline any pilot who is absent from the pilotage ground for a period of more than 60 days without permission of the Board. A pilot who has been granted permission to be absent from piloting duties for a period of more than 60 days shall, at the end of 180 days, reapply in writing for an extension or shall return to duty. The pilot must notify the Board in writing, ten days prior to returning to the pilotage ground, of the pilot’s intention to return to duty. A pilot who has been absent with permission from piloting duties for more than 180 days shall notify the Board in writing on the form provided by the Board of the pilot’s intention to return to the pilotage ground. The notice shall include a statement of the number of trips under the supervision of an unlimited state-licensed pilot that will be taken to re-familiarize the pilot with the pilotage ground, but in no event shall the returning pilot take fewer than two trips for every 90 days’ absence from the pilotage grounds. The Board may, following receipt of a pilot’s notice of intent to return to the pilotage ground, require more familiarization trips than the returning pilot indicates in the notice provided to the Board.

(2) Suspension, Revocation or Lapse of Federal License. The state license of any pilot whose federal license is suspended or revoked, or whose federal license lapses due to delay in renewal as a consequence of a drug or alcohol-related event, shall be automatically suspended or revoked for the same period. The lapse of a federal license due to delay in renewal as a consequence of a drug or alcohol-related event shall be treated as a suspension for purposes of the paragraph. The state license shall be reinstated upon restoration of the federal license. The pilot so affected may apply to the Board for a review of the case while under suspension. If the review of the case shows that circumstances warrant modification of the pilot’s suspended status, the Board may order the pilot’s state license restored, or it may take any other appropriate action.

(3) Upon suspension, revocation or other disciplinary action taken by the Board against a state-licensed pilot, the U.S. Coast Guard shall be notified by the Board in writing within 24 hours.

(4) Pilots shall not refuse to provide pilotage service unless necessary for their own or public safety. If a representative of the vessel requesting piloting service contests a pilot’s determination concerning safety, then, the vessel’s representative may seek a determination by the Board.

(5) Other Causes for Discipline. See the following administrative rules for other causes for discipline of licensee:

(a) OAR 856-010-0015, failure to comply with requirements for renewal;

(b) OAR 856-010-0019, failure to present surety bond or deposit;

(d) OAR 856-010-0025, failure to report incident to U.S. Coast Guard;

(e) OAR 856-010-0035, refusal to provide pilotage service;

(f) OAR 856-010-0045, grounds for pilot discipline.

Stat. Auth.: ORS 670 & 776

Stats. Implemented: ORS 670.280, 670.310 & 776.115

Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 5-1983, f. & ef. 12-15-83: MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1997(Temp), f. & cert. ef. 9-30-97; BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0041

Preventative, Corrective or Remedial Actions

(1) Notwithstanding any other provision of its regulations, the board may enter into a written agreement with a licensee in lieu of license suspension or revocation proceedings or any other disciplinary alternative. The board may enter into an agreement pursuant to this section if, after the preliminary investigation of an incident or other occurrence is complete, it appears that the licensee, the pilotage system or the public interest will be served by preventative, corrective or remedial action. An agreement between the board and a licensee may include any preventative, corrective or remedial measures including, but not limited to:

(a) Supervised retraining trips for the licensee under the supervision of pilots from the training organization for the pilotage ground;

(b) Completion of computerized simulated ship-handling training, manned model training, radar observer training, or such other training or course work as may be appropriate under the circumstances that is in addition to continuing professional development training required of all licenses;

(d) Issuance by the board of a letter of warning or concern to the licensee.

(2) An agreement entered into between a licensee and the board pursuant to this section shall not be considered an admission of a violation of statute or rule and the agreement shall not be considered to be a board determination of a violation of statute or rule on the part of the licensee who enters into the agreement. The preventative, corrective or remedial measures contained in such agreement and the licensee’s compliance with the agreement may be considered by the board in any subsequent proceeding in which such matters are relevant.

(3) A licensee who enters into an agreement with the board must complete all requirements in the agreement within the time period specified in the agreement. Failure by the licensee to complete any agreed upon remedial or corrective measures shall constitute a separate ground for discipline pursuant to OAR 856-010-0045.

Stat. Auth.: ORS 776

Stats. Implemented: ORS 776.115

Hist.: MP 1-1988(Temp), f. & cert. ef. 2-5-88; MP 2-1988, f. & cert. ef. 5-4-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-2001, f. & cert. ef. 5-21-01; Renumbered from 856-010-0048, BMP 3-2011, f. 6-28-11, cert. ef. 6-29-11

856-010-0045

Grounds for Pilot Discipline

The board may revoke or suspend a pilot’s license, impose on the pilot a civil penalty of not more than $250 for each offense, or issue the pilot a written reprimand if the board finds, after notice and hearing, that:

(1) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(2) The mental or emotional health of a pilot is such that the pilot is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(3) The pilot has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to discipline a pilot under this provision.

(4) The pilot uses or has used alcohol, drugs, or any other substance in such a manner as to impair the pilot’s physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the pilot or the person or property of others.

(5) The pilot has used alcohol, drugs, medications or controlled substances in a manner that, as the Board determines, casts substantial doubt on the ability of the pilot to exercise the level of sound judgment expected of a pilot, or has used prescription drugs in a manner inconsistent with warnings or instructions provided by the manufacturer or the prescribing physician.

(6) The pilot has failed to make a timely report to the board as required by these rules.

(7) The pilot when summoned to testify before the board has failed to appear before the board, or has failed to answer under oath any question touching on any matter connected with the pilot’s service or the pilotage ground over which the pilot is licensed as a pilot.

(8) The pilot has been absent from the pilotage ground for a period of sixty (60) days without the express permission of the board.

(9) The pilot’s federal license has been suspended, revoked or has lapsed.

(10) The pilot has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.

(11) The pilot has failed to exercise the license privilege competently or diligently.

(12) The pilot has violated any provision of ORS 776.015 through 776.991 or any rule of the Board.

(13) The pilot has failed to post or maintain a surety bond or cash deposit.

(14) The pilot has failed to obey a directive issued by an officer of the United States Customs Service, the United States Coast Guard or other law enforcement agency when such a directive could have been complied with safely.

(15) The pilot or trainee has failed to comply with the provisions of an agreement in lieu of discipline, entered into pursuant to OAR 856-010-0041.

Stat. Auth.: ORS 670 & 776

Stats. Implemented: ORS 670.280, 670.310 & 776.115

Rule Caption: Amends training requirements and licensing restrictions for the Coos/Yaquina Bay bar pilotage grounds.

Adm. Order No.: BMP 4-2011

Filed with Sec. of State: 6-28-2011

Certified to be Effective: 6-29-11

Notice Publication Date: 6-1-2011

Rules Amended: 856-010-0010, 856-010-0011

Subject: Lengthens training requirements for the Yaquina Bay bar pilotage ground and expands restrictions on licenses for both Coos and Yaquina Bay bar pilotage grounds.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-010-0010

Original Licensing Requirements

In addition to the qualifications required for licensing of pilots under ORS 776, the applicant shall:

(1) Present an application in writing to the administrator of the board on the form provided by the board for the pilotage ground for which the applicant intends to become licensed. The application shall be filed not less than 30 days prior to appearance before the board for a written examination and may be supplemented at any time until the examination is taken. The board shall consider the application and upon approval, the written examination will be scheduled. The examination shall be proctored by the board’s administrator. The examination for each pilotage ground shall be prepared by the board with the assistance of the board’s licensed training organization for that pilotage ground. The examination will test for skill and knowledge of those factors identified in ORS 776.035(2) and 776.325(1)(b). The examination will be graded by the board member from the pilotage ground for which the applicant is seeking a license. If requested by the training course monitor, up to two additional pilots selected by the training course monitor and approved by the board may participate with the board member in grading the exam. The examination will be pass/fail.

(2) Accompany the application with a photocopy of a U.S. Coast Guard physical examination report and signed by an Oregon or Washington licensed physician verifying that the applicant meets the physical, medical and mental criteria required to qualify for a federal pilot’s license.

(a) If the examining physician determines that the applicant is not competent to perform the duties of a pilot, the applicant is not then medically eligible to receive a license from the board.

(b) If the examining physician determines that the applicant is competent to perform the duties of a pilot, or if the examining physician determines that the applicant’s physical, medical or mental condition is in need of further review, then the applicant is then considered medically eligible to receive a license from the board, subject to any later review and conclusion by the U.S. Coast Guard that the applicant is not competent for continued federal licensure as a pilot

(c) If the U.S. Coast Guard undertakes further medical review of an applicant’s physical, medical or mental competency, either upon recommendation by the examining physician or otherwise, then the applicant shall report to the board at least every 30 days regarding the status of such further review. If, at the conclusion of such review process, the U.S. Coast Guard declines to approve the applicant for continued federal licensure as a pilot, the applicant shall immediately notify the board and the board will treat the decision as a suspension of the applicant’s federal license. Any license issued by the board shall be automatically suspended as of the date the board receives notice of the U.S. Coast Guard’s decision, notwithstanding any appeal that may be taken from such decision. If the Coast Guard concludes its review by issuing a waiver to the applicant, the terms of the waiver shall be immediately reported to the board, and the license issued by the board shall become subject to the terms of the waiver issued by the Coast Guard.

(3) Have actual experience as a pilot handling ships over the pilotage ground for which a state license is sought and state in the application the names of ships piloted, dates, draft, gross tonnage, and length over all, as specified in (but not limited to) (4), (5), (6) and/or (7) in this section, and:

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard;

(b) Hold an unlimited federal pilot’s endorsement for the ground for which a state license is sought; and

(c) Have served at least two years as Master aboard vessels, or when applying for a license over the Columbia and Willamette River pilotage ground, have completed a program of apprenticeship training which has been approved by the Board.

(4) In addition to the requirements in OAR 856-010-0010(1), (2), (3), to qualify for a Grade “C” license over the Columbia and Willamette River pilotage ground, the applicant shall, prior to taking the board’s examination required under section (1) above:

(a) Have served at least 730 active working days as captain of towing vessels on the Columbia River and its tributaries, or have completed a program of apprenticeship training which has been approved by the Board, as specified in OAR 856-010-0014;

(b) Complete at least six trips under the supervision of an unlimited state-licensed pilot within 270 days preceding the examination while on the bridge of a ship of not less than 500 feet length over-all (L.O.A.) through the bridges in the upper harbor in Portland, up to and including the Broadway Bridge, which shall be made with and without the aid of a tug or towboat, including at least one trip in each direction, and also including at least six ship turns in the Willamette River;

(c) Complete at least 110 transits while on the bridge of a ship of not less than 500 feet L.O.A. within the 270 days preceding the examination, with at least 70 of these transits made under the supervision of an unlimited state-licensed pilot and at least 80 of the transits completed within 150 days after the first transit is completed;

(d) When combining trip segments to establish a transit, each trip segment may be used only once;

(e) Complete at least six trips under the supervision of an unlimited state-licensed pilot within the 270 days preceding the examination while on the bridge of a ship of not less than 500 feet L.O.A. in a combination of the following directions, with at least three trips in each direction:

(A) From the Willamette River, turning east (upstream) into the Columbia River; and

(B) From the Columbia River upstream of the mouth of the Willamette River, turning south into the Willamette River.

(f) Complete at least 10 trips in either direction between Astoria and Longview or Kalama under the supervision of an unlimited state-licensed pilot.

(g) Train at least 35 additional days as directed by the training course monitor, with assignments chosen at the discretion of the training course monitor that may include, but need not be limited to, shipboard training, electronic navigation training, manned model training, attendance at meetings with maritime-related governmental agencies or exposure to maritime related administrative activities.

(h) Present recommendations from the training course monitor and from at least ten unlimited state-licensed pilots who participated in the training, certifying that the applicant has demonstrated sufficient knowledge and shiphandling skills to pilot ocean-going ships up to 570 feet L.O.A. on the pilotage ground.

(5) When applying for a license on the Coos Bay bar pilotage ground, the applicant shall:

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels;

(b) Obtain an unlimited federal pilots endorsement for the Coos Bay bar pilotage ground;

(c) Complete at least one hundred (100) crossings of the Coos Bay bar while under the supervision of an unlimited state-licensed Coos Bay bar pilot, with at least ten crossings with each unlimited state-licensed Coos Bay bar pilot and with at least 25 of the bar crossings completed during hours of darkness;

(d) Dock and undock at least 25 ships under the supervision of an unlimited state-licensed pilot;

(e) Make at least 25 trips through each of the bridges; and

(f) Submit letters from each of the Coos Bay bar pilots who have supervised the training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground.

(6) When applying for a license on the Yaquina Bay bar pilotage ground the applicant shall:

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels;

(b) Obtain an unlimited federal pilots endorsement for the Yaquina Bay bar pilotage ground;

(c) Complete at least one hundred (100) crossings of the Yaquina Bay bar while under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing two years of piloting with a state license in Coos Bay, the number of bar crossings at Yaquina Bay may be reduced to 12, with at least one such crossing with each unlimited state-licensed Yaquina Bay bar pilot and with at least twenty-five percent (25%) of the bar crossings completed during the hours of darkness;

(d) Dock and undock at least 25 ships under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing two years of piloting with a state license in Coos Bay, the number of dockings and undockings may be reduced to 12;

(e) Make at least twenty-five (25) trips through the bridge, or after completing two years of piloting with a state license in Coos Bay, the number of trips may be reduced to 12; and

(f) Submit letters from each of the Yaquina Bay bar pilots who have supervised training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground.

(7) When applying for an original license on the Columbia River bar pilotage ground the applicant shall:

(a) Hold a valid license issued by the U.S. Coast Guard as “Unlimited Master any oceans — any tonnage”, endorsed for Radar Observer;

(b) Have served at least two years as Master of an offshore merchant ship of 5,000 gross tons or more, certified by Certificates of Discharge or Continuous Discharge Book;

(c) Obtain a federal pilot’s endorsement for the Columbia River bar pilotage ground, after which a minimum of one hundred (100) crossings of the Columbia River bar shall be made under the supervision of an unlimited state-licensed pilot, and make crossings with at least five unlimited state-licensed Columbia River bar pilots;

(d) Be on board a minimum of ten ships docking or undocking from the Astoria Port Docks, Tongue Point, and other facilities;

(e) Make approximately twenty-five percent (25%) of the crossings of the Columbia River bar during the hours of darkness.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 670 & 776

Stats. Implemented: ORS 670.310 & 776.115

Hist.: PC 1, f. 10-29-57, ef. 7-1-57; PC 7, f. 6-13-73, ef. 7-15-73; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 3-1995, f. & cert. ef. 3-16-95; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-1999, f. & cert. ef. 6-24-99; BMP 3-2001, f. & cert. ef. 10-30-01; BMP 1-2003, f. & cert. ef. 2-26-03; BMP 3-2006, f. 9-29-06, cert. ef. 10-1-06; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 2-2007, f. & cert. ef. 5-22-07; BMP 4-2008, f. & cert. ef. 1-24-08; BMP 2-2009, f. 6-19-09, cert. ef. 6-23-09; BMP 4-2009, f. & cert. ef. 8-5-09; BMP 4-2011, f. 6-28-11. cert. ef. 6-29-11

856-010-0011

Restrictions on Licenses

After receiving an original license the following restrictions shall apply:

(1) Columbia and Willamette River Grade “C” license holders shall not pilot tankers, or vessels with a draft of 38 feet or greater.

(2) Except for Columbia River bar pilots who have a minimum of two years experience on tankers as Master or pilot, no Columbia River bar pilot shall pilot a loaded tanker during the first two years as a licensee.

(3) Coos Bay bar pilots shall not move any ship exceeding 40,000 gross tons, or exceeding 700 feet in length, or exceeding 106 feet of beam, or any ship exceeding 300 feet in length with the wheelhouse forward of amidships, during the first two years as a licensee.

(4) Coos Bay bar pilots shall not move loaded tankers during the first two years as a licensee, nor shall Coos Bay bar pilots move any ship exceeding 23,000 gross tons through the bridges during the first two years as a licensee.

(5) Yaquina Bay bar pilots shall not move any ship exceeding 23,000 gross tons, or any ship exceeding 300 feet in length with the wheelhouse forward of amidships, during the first two years as a licensee.

(6) Yaquina Bay bar pilots shall not move loaded tankers during the first two years as a licensee.

(7) The Board may, upon application by the licensee, recognize any combination of master’s tanker and pilot’s experience to equal any time period required by this rule.

Stat. Auth.: ORS 670 & 776

Stats. Implemented: ORS 776.115 & 670.310

Hist.: MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2011, f. 6-28-11. cert. ef. 6-29-11

Rule Caption: Amends vessel length restriction for Grade “C” license holders on the Columbia-Willamette River pilotage ground.

Adm. Order No.: BMP 5-2011

Filed with Sec. of State: 6-28-2011

Certified to be Effective: 6-29-11

Notice Publication Date: 6-1-2011

Rules Amended: 856-010-0010, 856-010-0012

Subject: The number of vessels that meet the current length restrictions for limited license holders has been continually declining. The proposed amendment to increase the length restriction from under 570 feet to under 600 feet will allow “C” license holders better opportunity to accumulate the required number of transits within the time allotted to qualify for a license upgrade.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-010-0010

Original Licensing Requirements

In addition to the qualifications required for licensing of pilots under ORS 776, the applicant shall:

(1) Present an application in writing to the administrator of the board on the form provided by the board for the pilotage ground for which the applicant intends to become licensed. The application shall be filed not less than 30 days prior to appearance before the board for a written examination and may be supplemented at any time until the examination is taken. The board shall consider the application and upon approval, the written examination will be scheduled. The examination shall be proctored by the board’s administrator. The examination for each pilotage ground shall be prepared by the board with the assistance of the board’s licensed training organization for that pilotage ground. The examination will test for skill and knowledge of those factors identified in ORS 776.035(2) and ORS 776.325(1)(b). The examination will be graded by the board member from the pilotage ground for which the applicant is seeking a license. If requested by the training course monitor, up to two additional pilots selected by the training course monitor and approved by the board may participate with the board member in grading the exam. The examination will be pass/fail.