[30 Pa.B. 3179]
[Continued from previous Web Page]
Annex A
TITLE 4. COMMERCE AND TRADE
PART XIII. NAVIGATION COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES
CHAPTER 401. GENERAL PROVISIONS § 401.1. Definitions.
The following words and terms, when used in this part, [shall] have the following meanings, unless the context clearly indicates otherwise:
* * * * * Department--The Department of [Commerce] State of the Commonwealth.
* * * * * Secretary--The Secretary of [Commerce of] the Commonwealth.
§ 401.2. Commission offices.
(a) The [address of the] principal office of the Commission is [as follows: Navigation Commission for the Delaware River] located in the Philadelphia State Office Building, 1400 Spring Garden Street, Philadelphia[, Pennsylvania 19130].
(b) The administrative office of the Commission is located at 302 North Office Building, Harrisburg 17105-2649.
CHAPTER 402. ADMINISTRATION § 402.5. [Composition of Commission] (Reserved).
[The Commission will consist of nine members as follows:
(1) Four appointed by the Governor, by and with the advice and consent of a majority of the members of the Senate as follows:
(i) Two of whom shall be residents of Delaware County.
(ii) One of whom shall be a resident of Bucks County.
(iii) One of whom shall be a resident of Philadelphia County.
(2) Two appointed by the Mayor of the City of Philadelphia.
(3) One to be the Secretary of the Department of Environmental Protection or designee who will serve ex officio.
(4) One to be the Director of Commerce of the City of Philadelphia who shall serve ex officio.
(5) One to be Secretary or a designee.]
§ 402.9. [Quorum] (Reserved).
[A majority of the Commissioners, appointed by the Governor and the Mayor of the City of Philadelphia, will constitute a quorum for the transaction of business.]
§ 402.10. [Standing committees] (Reserved).
[(a) The standing committees of the Commission will be as follows:
(1) Committee on Navigation and Pilotage, which will conduct hearings and make recommendations to the Commission on matters related to Chapters 405 and 407 (relating to pilots and pilotage and navigation).
(2) Committee on Construction, wharves and docks, which will conduct hearings and make recommendations to the Commission on matters related to Chapters 403 and 409 (relating to construction permits and wharves and docks).
(b) Chairpersons and members of standing committees will be appointed by the Chairperson.]
§ 402.11. Meetings.
(a) The regular meetings of the Commission will be [on the second Tuesday of every month unless cancelled by the Chairperson for lack of business to transact, with] held semiannually after public notice [made] as required by law.
(b) Special meetings may be called by the [Chairman] Chairperson after 3 days notice [given] to the [members of the] Commission and after public notice [made] as required by law.
[(c) Meetings of the committees may be called by committee chairpersons after three days notice given to the members of the committees and public notice made as required by law.]
CHAPTER 403. [CONSTRUCTION PERMITS] (Reserved) (Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the existing text of Chapter 403, 4 Pa. Code pages 403-1--403-5, serial pages (229967)--(229971).)
§§ 403.1--403.5. (Reserved).
§§ 403.11--403.14. (Reserved).
§§ 403.21--403.25. (Reserved).
CHAPTER 405. PILOTS AND PILOTAGE § 405.2. [Authority] (Reserved).
[(a) Section 4 of the act of March 29, 1803 (P. L. 542, 4 Sml 67) (55 P. S. § 31) authorizes the Commissioners the full power and authority, under the limitations prescribed in the act, to grant licenses to persons to act as pilots in the River and to make rules for the government while employed in that service, to decide, on application of the parties in interest, all differences which may arise between masters, owners and consignees of ships or vessels, and pilots, and to make, ordain and publish rules and regulations with penalties for the breach thereof in respect of the matters aforesaid, as they shall deem fitting and proper.
(b) Section 12 of the act of June 8, 1907 (P. L. 469, No. 317) (55 P. S. §§ 111) authorizes the Commission to take the necessary action to enforce the laws of the Commonwealth pertaining to pilots and pilotage in the bay and River.
(c) Section 4 of the act of 1976 authorizes the Commission to do the following:
(1) Develop, implement and administer a pilot licensure testing program.
(2) Maintain a complete set of records relating to the licensure of pilots.
(3) Impose fines and penalties including revocation of pilot's license for violation of Commission rules and regulations.]
§ 405.3. Application for licensure or apprenticeship.
[(a) Every person not now a licensed pilot, and who desires to exercise the profession of pilot in the River shall appear in person before the Commission for an application for a license to entitle him to follow that occupation.] An applicant for initial issuance of a pilot's license, for renewal of a pilot's license or for appointment as an apprentice shall submit an application on a form provided by the Commission.
[(b) Application for appointment as an apprentice pilot shall be made upon a completed Form DC-752 (10-76) (Application for Appointment as Apprentice Pilot).
(c) Application by an apprentice for a license shall be made upon a completed Form DC-753 (10-76) (Application for Fourth Class Pilot's License).
(d) Application by a fourth class pilot for a third class license shall be made upon a completed Form DC-754 (10-76) (Application for Third Class Pilot's License).
(e) Application by a third class pilot for a second class license shall be made upon a completed Form DC-755 (10-76) (Application for Second Class Pilot's License).
(f) Application by a second class pilot for a first class license shall be made upon a completed Form DC-756 (10-76) (Application for First Class Pilot's License).]
§ 405.4. Examination for sixth-class license.
(a) The Commission will [call to their assistance as many pilots of the first class as they may see fit, not less than three in number, to examine every person so applying as to his fitness in all respects to perform the duties of a pilot] designate at least three first-class pilots to conduct or develop an oral or written examination of an applicant for a sixth-class pilot's license for the purpose of ascertaining the applicant's fitness to perform the duties of a pilot. The Commission will fix the date, time, manner and place of the examination.
(b) [Applicants for a fourth class license must pass a written and oral examination with a score of at least 90%.] The examination for a sixth-class pilot's license may consist of, but not be limited to, the following topics:
* * * * * (8) [Rules] Regulations of the Commission.
* * * * * (c) [Further examination as the Commission may consider necessary to establish the proficiency of the applicant may be required.] Each oral examination shall be tape-recorded, and the original copy of the recording shall be filed with the Commission as part of its permanent records. If a written examination is given, the original copy of the written examination shall be filed with the Commission as part of its permanent records.
§ 405.5. [Classifications of pilots] (Reserved).
[(a) Pilots of the first class. Persons capable of piloting ships or vessels of any practicable draught of water.
(b) Pilots of the second class. Persons capable of piloting ships and vessels drawing 34 feet of water or under.
(c) Pilots of the third class. Persons capable of piloting ships or vessels drawing 27 feet of water or under.
(d) Pilots of the fourth class. Persons capable of piloting ships or vessels drawing 23 feet of water or under.]
§ 405.6. [Underrate pilot limitations] (Reserved).
[(a) Fourth class pilots shall be subject to the following limitations:
(1) For the first 35 ships; 9,500 gross tons, 575 feet length overall and 23 feet draft.
(2) For the next 35 ships; 15,000 gross tons, 625 feet length overall and 23 feet draft.
(3) Then 18,000 gross tons, 675 feet length overall and 23 feet draft.
(b) Third class pilots shall be subject to the limitations of 30,000 gross tons and 27 feet draft.
(c) Second class pilots--first year--shall be subject to the limitations of 40,000 gross tons and 34 feet draft.
(d) Second class pilots--second year--shall be subject to a limitation of 34 feet draft.]
§ 405.7. Qualifications [of pilots] for license.
(a) [A license may not be granted to any person to act as a pilot of the fourth class unless he has reached the age of 18 and has served a regular apprenticeship of 4 years on board a pilot boat.
(b) A license of the third class may not be granted to any person, unless he shall have served at least 1 year as a fourth class pilot.
(c) A person may not be eligible for a license of the second class who has not served 1 year in the fourth class and at least 1 year in the third class.
(d) A person may not be eligible for a license of the first class who has not served a total of at least 4 years in the second, third and fourth classes, with at least 2 years of the service having been served in the second class.
(e) A license may not be granted to or renewed for any person to act as a pilot of any class unless he is qualified as a radar observer as evidenced by one of the following:
(1) A current Federal pilot's license issued by the United States Coast Guard containing an endorsement that the licensee is so qualified.
(2) A certificate issued by the New York Maritime Administration Office or other certification acceptable to the Commission, dated not more than 5 years prior to the date on which the license is to be granted, evidencing satisfactory completion of the course of instruction for radar observers.]
An applicant for the initial issuance of a pilot's license in any class shall:
(1) Except for first-time applicants for a sixth class license, have served at least 1 year in each of the license classes below the class of license applied for.
(2) Have complied with subsection (d).
(3) Have passed a physical examination within 6 months of the date of application based on the requirements of § 405.8 (relating to physical qualifications), as evidenced by a physician's statement. Physical examinations may also be ordered by the Commission for any pilot at any time for any cause.
(4) Have participated in a program of random drug testing during the preceding license period that meets the standards of Coast Guard Regulations under 46 CFR Part 16 (relating to chemical testing).
(5) Have been qualified as a radar observer, as evidenced by one of the following:
(i) A radar observer endorsement on a current Federal pilot's license.
(ii) A certificate issued by a Coast Guard-approved authority reflecting that the certificateholder satisfactorily completed a course of instruction for radar observers, within 5 years of the date of application.
(6) Have completed a Commission-approved course in bridge resource management within 3 years of the date of application or renewal.
(7) Have completed a Commission-approved course in automatic radar plotting aids (ARPA) once in a pilot's career.
(8) Post a surety bond that satisfies the requirements of § 405.13 (relating to bonding).
(9) Pay the required license fee.
(b) In addition to meeting the requirements of subsection (a), a first-time applicant for a first-class pilot's license shall:
(1) Have completed 40 hours of Commission-approved continuing education in navigation, ship handling or related topics within the preceding 5 years. Courses in the required areas of radar observer, ARPA and bridge resource management may count towards the 40-hour total. The Commission will approve the education facilities that qualify to provide this education. This continuing education requirement shall become effective ______ (Editor's Note: The bank refers to a date 2 years from the date of publication of the final adoption of this proposal.]
(2) Have appeared before the Commission for a personal interview.
(c) In addition to meeting the requirements of subsection (a), an applicant for a sixth-class pilot's license shall score a passing grade or better on an examination, as provided in § 405.4 (relating to examination for sixth-class license). The Commission may conduct further oral or written examinations it deems necessary to establish an applicant's proficiency. Prior to taking the examination, the applicant shall:
(1) Be at least 21 years of age.
(2) Be within 3 months of completing a Commission-approved apprenticeship.
(3) Have acquired a current Federal pilot's license for the Delaware River issued by the Coast Guard.
(d) In addition to meeting the requirements of subsection (a), applicants for a pilot's license:
(1) Shall have piloted at least 52 vessels during the preceding license period, if the applicant is a current license-holder, unless waived by the Commission under paragraph (2).
(2) May seek a waiver from the Commission of the requirement of paragraph (1), in whole or in part, for illness, disability or other good cause that prevents a pilot from piloting the required number of vessels. If a waiver is granted, the Commission may condition the issuance of the license on the applicant's completion of the refresher trips up or down the river as may be necessary to ensure that the applicant is familiar with current conditions along the route. Refresher trips shall be made in the company of a first-class pilot.
§ 405.8. Physical [examinations] qualifications.
[(a)] The physical qualifications for a pilot [shall be] or apprentice are as follows:
(1) [Visual. Ability to achieve visual classification] Visual acuity of 6/9 in one eye and 6/24 in the other--correctable to 6/6 [in one eye] and [at least] 6/9 [in the other], respectively--and normal color perception.
(2) [Hearing. Ability to maintain hearing] Hearing acuity to the [minimum] extent of correctly repeating, with eyes closed, words or numbers spoken by the examiner in an ordinary conversational tone of voice from a distance of 20 feet[, the person being examined having his eyes closed during the period of the test. This examination applies equally to each ear with the person being examined closing one ear in turn and directing the open ear towards the examiner]. Each ear shall be tested separately; the ear being tested shall be turned in the direction of the examiner while the other ear is plugged.
(3) [Other. The Commission will take into consideration any and all information supplied by an examining physician when determining the physical fitness of any pilot.] The absence of any medical condition that may directly affect one's ability to pilot a ship safely.
[(b) Physical examinations shall be required as follows:
(1) Every 3 years for pilots 50 years of age and under.
(2) Every year for pilots over 50 years of age.
(3) By all applicants for apprenticeship.]
§ 405.9. Apprentices.
(a) [The term of apprenticeship for the profession of pilot is 4 years.
(b) During the last 2 years of apprenticeship, apprentices shall make at least 350 trips up or down the River in vessels with first or second class pilots, provided that at least 48 trips are made each year.
(c) It shall be the duty of every pilot who brings up or takes down an apprentice to report the trips in writing to the Office of the Commissioners.
(d) The name of every apprentice, together with the name of the vessel and her master, in which every apprentice has come up or gone down shall be recorded by the Commissioners in a book to be kept by them for that purpose. Indentures of apprentices to pilots shall be recorded in the Office of the Commission.]
Apprentice qualifications. An applicant for an apprenticeship as a pilot shall:
(1) Be of good moral character.
(2) Have acquired one of the following:
(i) A baccalaureate degree from a recognized and certified college or university or from a maritime academy operated by the United States or any state.
(ii) A Coast Guard-issued license to serve as a third mate on all oceans aboard vessels of any gross tons, or a higher class of license.
(3) Have passed a physical examination within 6 months of the date of application based on the requirements of § 405.8 (relating to physical examinations), as evidenced by a physician's statement.
(b) Conduct of apprenticeship. An apprenticeship shall provide the theoretical education and supervised practical experience required for licensure as a sixth-class pilot and shall be conducted as follows:
(1) Every apprentice shall serve an apprenticeship of 4 years, except that an apprentice who, at the time of appointment, holds at least a third mate's license under subsection (a)(2)(ii) may serve an apprenticeship of 3 years.
(2) The theoretical aspect of an apprenticeship shall cover, but not be limited to, the topics in § 405.4 (relating to examination for license).
(3) An apprentice shall make at least 500 trips up or down the river in vessels with a pilot licensed by Pennsylvania or Delaware.
(4) The pilots who train an apprentice shall file reports with the joint Pennsylania/Delaware Apprentice Pilot Training Program Administrator, who shall file reports with the Commission on the activities and performance of the Pennsylvania apprentices in the apprentice program.
§ 405.10. Term of license.
[Each license shall be in force for 1 year from the issuance date unless revoked by the Commission.] A license shall be for a term of 1 year, subject to renewal by the Commission.
§ 405.11. Nondiscrimination.
The Commission will comply with applicable State and Federal laws prohibiting discrimination in licensing or apprenticeship opportunities. A person [may] will not be denied a license, refused an apprenticeship indenture, refused sponsorship for a pilot's license or discriminated against in the provision of pilotage services [on the basis] because of race, religion, [National] national origin, sex or age.
§ 405.12. Renewal of license.
(a) [Every pilot shall be entitled to receive a new license each year unless disqualified from exercising the duties of a pilot by the Commission.
(b) Application for a renewal of license shall be made upon a completed, Form DC-757 (10-76) (Application for Renewal of Pilot's License).]
An applicant for renewal of a pilot's license in any class shall:
(1) Have satisfied the requirements of § 405.7(a)(1)--(6) and (8) (relating to qualifications for license).
(2) Pay the required renewal fee.
(b) In addition to meeting the requirements of subsection (a), an applicant for renewal of a first class pilot's license shall have completed 40 hours of Commission-approved continuing education in navigation, ship handling or related topics within the preceding 5 years. Courses in the required areas of radar observer, automatic radar plotting aids (ARPA) and bridge resource management may count towards the 40-hour total. The Commission will approve the education facilities that qualify to provide this education. This continuing education requirement shall become effective ______ (Editor's Note: The blank refers to a date 2 years after adoption of this proposal.).
§ 405.14. [Number of pilots and apprentices] (Reserved).
[(a) A person may not receive a license as a first-class pilot until the number of first and second-class pilots be reduced to less than 42 and that the whole number of first and second-class pilots shall not exceed 42.
(b) The number of third-class and fourth-class pilots may not exceed ten.
(c) The number of apprentices indentured will be wholly within the discretion of the Commission.]
§ 405.16. [Acting as pilot without license] (Reserved).
[If any person shall in any manner exercise or attempt to exercise the profession of a pilot in the bay or River, except in vessels under 75 tons burden, without license duly granted or at any time after his license shall have expired, he shall be guilty of a misdemeanor, and, upon conviction thereof, he shall be imprisoned for not less than one month nor more than one year and be fined a sum not exceeding $200, at the discretion of the court.]
§ 405.17. [Offering services] (Reserved).
[The pilot who shall first offer himself to any inward-bound ship or vessel shall be entitled to take charge thereof; provided, his license shall authorize him to pilot ships or vessels of such draught of water and tonnage burden, and it shall be duty of such pilot, if required so to do, to exhibit his license to the master or commander of such ship or vessel. In case the draught of water or tonnage burden of such ship or vessel shall be greater than such pilot shall be licensed to carry, he may nevertheless, with the consent of the master, take charge of such ship or vessel until a pilot duly qualified shall offer.]
§ 405.18. [Vessels required to take on pilot] (Reserved).
[(a) Every ship or vessel arriving from or bound to any foreign port or place shall be obliged to receive a pilot, except as exempted by law.
(b) Any ship or vessel voluntarily taking a pilot shall pay a fee which is no more than the fee for pilotage as is prescribed in case of a vessel bound to or from a foreign port.]
§ 405.19a. Docking, undocking and anchoring of vessels.
When a vessel which has taken aboard a Pennsylvania or Delaware state-licensed pilot is docking, undocking or anchoring, the Pennsylvania or Delaware state-licensed pilot shall remain on the bridge, attentive to duty, until the vessel has at least one ship's line secured to the dock or until the vessel is anchored properly and firmly within a designated anchorage area or until the state-licensed pilot is discharged at the pilot station area upon the vessel's departure to sea. This section does not prohibit the master of a vessel from employing the services of a docking master.
§ 405.21. Accident reports.
(a) Written report. [It shall be the duty of every] A pilot involved in a marine accident [to give] shall submit within 5 days a written report of the accident [promptly] to the Commission [whenever] if the accident results in [any] one of the following:
* * * * * (5) Injury causing [any persons] a person to remain [incapacitated for a period] hospitalized in excess of 72 hours.
(b) Telephonic report. In addition to submitting a written report under subsection (a), a pilot involved in a marine accident shall make a telephonic report of the accident to the Commission within 24 hours of the accident if the accident results in one of the following:
(1) Loss of life.
(2) Collision or grounding.
(3) Oil spill.
(c) Contents of report. [The] An accident [reports] report, whether written or telephonic, shall [identify] set forth the following:
(1) Vessels and objects involved in the accident.
* * * * * (3) Weather and sea conditions when the accident occurred.
(4) Events and circumstances leading to the accident.
* * * * * (6) Nature of loss or damage resulting from the accident.
[(c)] (d) Coast Guard Report. A pilot may submit a copy of a completed [United States] Coast Guard Report of Vessel Casualty or Accident Form [and], along with any attachments [thereof is acceptable] to satisfy the requirements of subsection (a).
§ 405.27. [Rates for pilotage between Capes and port] (Reserved).
[For services rendered, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a place on the River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey or from a place on the River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey to the Capes of the Delaware, in either case, shall be the total of the charges resulting from the two following computations:
(1) Unit. Unit charges shall be as follows:
(i) A charge, to be known as a unit charge, shall be made for each pilotage, determined by length overall, in feet, multiplied by the extreme breadth, in feet, of the vessel, divided by 100.
(ii) For the purposes of this section, the following definitions shall be applied:
(A) Extreme breadth--The maximum breadth between the outside of the shell platings of the vessel.
(B) Length overall--The distance between the forward and after extremities of the vessel.
(C) Measurements--Designated in feet and inches, United States. Inches shall be converted to feet as follows:
1 inch = .1 feet
2 inches = .2 feet
3 inches = .3 feet
4 inches = .3 feet
5 inches = .4 feet
6 inches = .5 feet
7 inches = .6 feet
8 inches = .7 feet
9 inches = .8 feet
10 inches = .8 feet
11 inches = .9 feet(iii) The charges per unit shall be as follows:
(A) Vessels not in excess of 300 units 60¢ per unit.
(B) Vessels in excess of 300 units but not in excess of 600 units $180 plus 50¢ per unit in excess of 300 units.
(C) Vessels in excess of 600 units $330 plus 40¢ per unit in excess of 600 units.
(D) There shall be a minimum unit charge of 200 units $120.
(2) Draft. Draft charges shall be as follows:
(i) A charge, related to length and draft, shall be determined as follows:
(A) Vessels with a length overall not in excess of 550 feet: $5.00 per 1/2 foot of draft.
(B) Vessels with a length overall in excess of 550 feet, but not in excess of 800 feet: $5.50 per 1/2 foot of draft.
(C) Vessels with a length overall in excess of 800 feet: $6.00 per 1/2 foot of draft.
(ii) All charges related to draft shall be based upon the charge of the nearest 1/2 foot of draft; thus there shall be no charge for the first three inches above any foot draft; above three inches, up to and including nine inches, the charge shall be for 1/2 foot of draft; above nine inches, the charge shall be for the next higher foot; provided, however, that any vessel with a draft of less than 12 feet shall pay pilotage under this computation as though the draft of the vessel were 12 feet.
(3) Winter pilotage. No additional charge shall be made for winter pilotage.]
§ 405.28. [Rates of pilotage between Capes and breakwater] (Reserved).
[(a) Every ship or vessel bound to the breakwater for orders shall pay pilotage fees consisting of a sum equal to 1/2 the pilotage to the port, and she shall be obliged to take a pilot and pay the same pilotage fees when outward bound from the breakwater.
(b) If such ship or vessel, without discharging her pilot, proceeds to the port of Philadelphia or any other port or place on the River, only one full pilotage fee shall be paid, as fixed by § 405.27 (relating to rates for pilotage between capes and port) for the entire service in addition to the fee for detention.
(c) If the pilot bringing such ship or vessel to the breakwater is discharged there and if the ship or vessel afterward proceeds to Philadelphia or any other port or place on the River, she shall make the usual signal for a pilot and continue to make such signal till reaching Brandywine Light, and, if spoken by or offered the services of a licensed Commonwealth pilot before reaching Brandywine Light, she shall be obliged to employ such pilot and pay him for services rendered.]
§ 405.29. [Disabled vessels] (Reserved).
[The compensation to be paid to pilots for conducting to or from the port all dismasted or otherwise crippled vessels which shall have been in any way injured so as to occasion to such pilots any extraordinary care or trouble shall not exceed double the amount which they otherwise would have been entitled of which amount the Commission will be the judge.]
§ 405.31. [Extraordinary services] (Reserved).
[For extraordinary services rendered, the rates of pilotage shall be as follows:
(1) Transportation of vessels on the river.
Philadelphia (or other place) to Marcus
Hook$150 Philadelphia (or other place) below
Marcus Hook$175 Philadelphia Harbor to Torresdale $150 Philadelphia Harbor to any place above
Torresdale$250 (2) Extra services.
Swinging ship to adjust Magnetic
Compass$ 65 Swinging ship to calibrate Direction
Finder$ 65 Vessels anchoring below Brown Shoal in
excess of three hours awaiting tide$125 Carried to/from New York, Norfolk or
Baltimore$150 (3) Chesapeake and Delaware Canal.
Vessels with a length not in excess of 550
feet$125 Vessels with a length overall in excess of
550 feet$150 (4) Cancellation of Sailing Orders.
Cancellation Charge $ 65] § 405.33. [Neglect of duties] (Reserved).
[(a) If any person having a license as a pilot shall, for the space of 2 weeks, refuse or willfully neglect to execute the duties of a pilot, the person, upon due proof, shall forfeit his license.
(b) If any pilot shall enter into any combination with a view of preventing any other person from executing his duties, the pilot, upon proof, shall forfeit his license.
(c) This section may not be construed as to prevent any pilot from taking a leave from piloting for vacations, illness or contact with a contagious disease, jury duty, court attendance, Military Reserve or National Guard duties, or other appropriate reasons.]
[Pa.B. Doc. No. 00-1082. Filed for public inspection June 23, 2000, 9:00 a.m.]
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