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Oregon Bulletin

September 1, 2013

Public Utility Commission, Board of Maritime Pilots, Chapter 856

Rule Caption: New and amended rules implement SB 851 authorizing a board operations fee.

Adm. Order No.: BMP 3-2013(Temp)

Filed with Sec. of State: 8-12-2013

Certified to be Effective: 8-15-13 thru 2-10-14

Notice Publication Date:

Rules Adopted: 856-010-0006

Rules Amended: 856-010-0003

Subject: The proposed rule language implements SB 851 by prescribing the process for collecting and remitting a board operations fee.

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

856-010-0003

Definitions

(1) “Barge” — A general term for a heavy, flat bottomed, often rectangular vessel used to carry cargo, usually in sheltered and inland waters but also, sometimes at sea; usually pushed or towed by tug. By U.S. Government definition, barges are any non-self propelled vessels other than houseboats and dredges.

(2) “Loaded tanker” — A tanker whose mean draft equals or exceeds 80 percent of its maximum allowable draft, or whose mean draft exceeds 30 feet.

(3) “Ocean-going vessel” — Any ship actively engaged in carrying cargo or passengers for hire in offshore navigation between ports.

(4) “Pilot” — An individual licensed pursuant to ORS Chapter 776 and any individual who had notified the board that the individual is in a pilot trainee status.

(5) “Pilotage” — The act or business of piloting. Also the fee paid for a pilot’s services.

(6) “Piloting” — The act of assisting the master of a vessel in navigating the vessel while it is underway on a pilotage ground.

(7) “Licensed physician” — Means an individual who holds a degree of Doctor of Medicine or Doctor of Osteopathy and has a valid license issued by the Oregon Board of Medical Examiners or the Washington Medical Quality Assurance Commission.

(8) “Ship” — A floating, decked vessel that is self-propelled and regularly carries cargo or passengers for hire or is engaged in military purposes in deep water oceanic navigation. Deep water oceanic navigation is navigation in seas beyond the territorial jurisdiction of the United States.

(9) “Ship turn” — For purposes of OAR 856-010-0010(4), “ship turn” is defined as meaning turning a ship in the Willamette River from a generally upstream orientation to a generally downstream orientation, or from a generally downstream orientation to a generally upstream orientation, which may be made with or without the aid of a tug or towboat.

(10) “Tank barge” — A barge with double bottoms designed to transport liquids.

(11) “Tanker” — A vessel specially constructed for carriage of bulk liquids including, but not limited to, petroleum and its products, chemicals and liquified natural gas.

(12) “Transit” — For purposes of OAR 856-010-0010(4) a “transit” is a complete trip over part of the Columbia and Willamette River pilotage ground, with one end of the trip at Astoria and the other end at Portland or Vancouver harbor. A transit also includes any combination of trip segments between ports or anchorages, which together begin at Astoria and end at Portland or Vancouver harbor, or begin at Portland or Vancouver and end at Astoria.

(13) “Trip” — Any instance of travel by a vessel under the direction of a pilot as required by ORS 776.405 between two points on any of the pilotage grounds defined by 776.025(1) through (4).

(14) “Tug”; “towboat”; “towing vessel” — A strongly built, high-powered vessel of small tonnage specially designed for towing or pushing vessels or for use in berthing large ships.

(15) “Unlimited state-licensed pilot” — An individual who holds an Oregon license to pilot a vessel without any restriction or limitation.

(16) “Upper harbor in Portland” — That portion of the pilotage ground defined by ORS 776.025(2) lying on the Willamette River between the St. Johns Bridge and the Ross Island Bridge.

(17) “Vessel” — Includes every description of water craft, including nondisplacement craft, used or capable of being used as a means of transportation on water, except that, for the purposes of ORS 776.405(1)(a), and the board operations fee authorized by Oregon Laws 2013, Chapter 539, a barge is not a vessel.

(18) “Working pilot” — An unlimited state-licensed pilot who regularly provides piloting services for compensation pursuant to the published tariff.

(19) “Pilot apprentice trainee” — For purposes of OAR 856-010-0014, an individual who does not meet the experience requirements of OAR 856-010-0010(3) and (4), and who has been certified by the Board to enter the Apprentice Training Program.

(20) “Pilot trainee” — For purposes of OAR 856-010-0014 and 856-010-0018, an individual who meets the experience requirements of 856-010-0010(3) and (4)(a).

Stat. Auth.: ORS 776.115

Stats. Implemented: ORS 775.405 & 2013 OL Ch.539

Hist.: MP 1-1992, f. & cert. ef. 4-29-92; MP 3-1995, f. & cert. ef. 3-16-95; MP 2-1996, f. & cert. ef. 8-1-96; BMP 4-2008, f. & cert. ef. 1-24-08; BMP 3-2013(Temp), f. 8-12-13, cert. ef. 8-15-13 thru 2-10-14

856-010-0006

Board Operations Fee

(1) The Board operations fee authorized by Oregon Laws 2013, Chapter 539, shall be $50 effective July 15, 2013. Thereafter, the fee shall be reviewed quarterly and adjusted as needed as provided in subsection (2) of this section, subject to the maximum allowed by ORS Chapter 776.

(2) The amount of the Board operations fee shall be reviewed quarterly, at the first Board meeting following each September 30, December 31, March 31 and June 30. Based upon the Board’s review, the operations fee may be adjusted down or up, subject to the maximum fee amount allowed by Oregon Laws 2013, Chapter 539 and subsection (3) of this section. In reviewing the fee and deciding whether to adjust it, the Board shall consider the total of fees remitted to the Board during the preceding quarter or quarters, the Board’s current and projected budgetary needs, the total of fees projected to be remitted to the Board during the following quarter or quarters, and any other factors deemed relevant by the Board. If the Board concludes that an adjustment to the fee is appropriate, it shall request approval for the recommended adjustment from the Oregon Department of Administrative Services, and if such approval is obtained, shall report the adjustment to the Legislature’s Emergency Board.

(3) The maximum allowed amount for the Board operations fee shall be $100 until July 1, 2015. The maximum allowed amount shall be adjusted each biennium on July 1, beginning July 1, 2015. The change in the maximum allowed amount shall be proportional to the percentage change in the 24-month period prior to the beginning of the biennium in the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(4) The amount of the Board operations fee shall be published in the Oregon Pilotage Tariff for each pilotage ground under the paragraph heading “Board Operations Fee.”

(5) Licensees of the Board shall invoice vessels for the Board operations fee when invoicing vessels for other authorized pilotage fees and charges. For vessels entering or leaving the Columbia River, Board licensees for the Columbia River Bar shall invoice and collect fees from inbound vessels, and licensees for the Columbia and Willamette River pilotage ground shall invoice and collect the fee from outbound vessels. For vessels entering or leaving the Yaquina Bay bar or Coos Bay bar pilotage grounds, the Board operations fee shall be invoiced and collected by the licensees for such grounds from both inbound and outbound vessels.

(6) On or before the 10th day of each month, Board licensees shall remit to the Board the full amount of all Board operations fees collected from vessels during the preceding calendar month. At the time of remitting the collected fees to the Board, the remission shall be accompanied by a report of the number of vessels invoiced for the fee during the preceding month, the total amount of fees invoiced, the number of vessels from which the fee was collected during the preceding month, the total of Board operations fees collected, and the amount that remains invoiced but uncollected.

Stat. Auth.: ORS 776

Stats. Implemented: 2013 OL Ch. 539

Hist.: BMP 3-2013(Temp), f. 8-12-13, cert. ef. 8-15-13 thru 2-10-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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