PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 55.2 of Title 21 NYCRR.
Statutory authority:
Navigation Law, section 87
Subject:
Supplementary fees—Hudson River.
Purpose:
Assess supplementary fees for pilotage on the Hudson River.
Text of proposed rule:
Section 55.2. Supplementary fees—Hudson River
(a) Additional fees for intermediate cargo stops, fueling stops, stops to take water. If a vessel [shall] makes a cargo stop, a fueling stop, or a stop to take water at any intermediate port or place on the Hudson River, the Hudson River [p]Pilot shall be entitled to [an additional fee of $75 for a stop of six hours or less; $150 for a stop of more than six hours but not more than 12 hours; $200 for a stop of more than 12 hours but not more than 24 hours; and $300 for a stop of 24 hours] a fee of 5 percent per hour of the Zone 2 Base Rate, up to a maximum charge of 35%.
(b) Launch fees.
(1) Zone 1 - Lower River - Yonkers to Hyde Park: Yonkers to Hyde Park: Rate $2.99 per Pilotage Unit for the Yonkers Pilot Station, $1.495 per Pilotage Unit (computed as 50 percent of the per unit Zone 1 launch fee) for Pilot Transport Fee at Yonkers Anchorage.
(2) Zone 2 - Upper River - Hyde Park through Albany or Troy: Rate $2.99 per Pilotage Unit for the Yonkers Pilot Station, $2.63 per Pilotage Unit for the Norrie Point Pilot Station, $1.315 per Pilotage Unit (computed as 50 percent of the per unit Zone 2 launch fee) for Pilot Transport Fee at Hyde Park Anchorage.
(3) A minimum of 100 Units, maximum of 500 Units applies for all launch fees.
[(b)] (c) Additional fee for pilot detained on board vessels due to conditions. When a pilot is detained on board a vessel due to ice conditions, such pilot shall be entitled to a fee of [$300 for each 24 hours, or part thereof, the pilot is detained] 35 percent of the Zone 2 Base Rate for each 24 hours or part thereof during which he shall be so detained. [If] In the event prevailing ice conditions require two pilots on board a vessel, the fee shall be the regular pilotage fee plus 50 percent of the regular pilotage fee for the second pilot. In addition, when the Norrie Point Station is closed and the pilot boards at Yonkers, a Pilot Transport Fee of $1.315 (computed as 50 percent of the per unit Zone 2 launch fee) per pilotage unit will apply, with a minimum of 100 pilotage units and a maximum of 500 pilotage units. When the Yonkers Station is closed, a Pilot Transport Fee of $1.495 (computed as 50 percent of the per unit Zone 1 launch fee) per pilotage unit will apply, with a minimum of 100 pilotage units and a maximum of 500 pilotage units.
[(c)] (d) Additional fee for docking and undocking. For docking and undocking, the following schedule of fees, in addition to any fee otherwise established, shall apply:
(1) without assistance of tugs or bow thruster, 25 percent of the [statutory rate for registered vessels] Zone 2 base rate;
(2) without assistance of tugs but with assistance of bow thruster, 15 percent of the [statutory rate for registered vessels] Zone 2 base rate;
(3) with the assistance of tug or tugs, 10 percent of the [statutory rate for registered vessels] Zone 2 base rate. (See section 54.2 of this Title).
[(d)] (e) Fee for shifting at Hudson River ports. When a pilot is required to shift a vessel from one berth to another berth within the same port, the fee shall be 20 percent of the [statutory rate for registered vessels] Zone 2 base rate.
(f) Fee for anchoring. A Hudson River Pilot who anchors a vessel shall be entitled to a fee of 5 percent of the Zone 2 Base Rate.
[(e)] (g) Delay in rendering services, dismissed without rendering services, detained on board, quarantined, standing by.
(1) In any case where rendering services is delayed for the convenience of the vessel, the pilot shall be entitled to [$50 for each hour or part thereof, however, if the pilot's services are used within one hour, no charge will be incurred] 5 percent per hour of the Zone 2 Base Rate, up to a maximum charge of 35 percent. However, if the pilot’s services are used within one hour, no charge will be incurred.
(2) In any case where a pilot reporting to a vessel is dismissed without rendering services, the fee shall be [$150] 15 percent of the Zone 2 Base Rate.
(3) In any case where a pilot is detained on board a vessel awaiting a favorable tide, a berth, or an anchorage, or is quarantined, the fee shall be [$50 an hour] 5 percent per hour of the Zone 2 Base Rate, up to a maximum charge of 35 percent for each 24 hour period.
[(4) A pilot detained on board a vessel on account of quarantinable disease shall be entitled to a fee of $50 an hour.]
[(5)] (4) When a pilot, for the convenience of a vessel for any reason, is ordered to stand by, the pilot shall be entitled to a fee [shall be $50 an hour for the time on board but the minimum fee shall be $150] of 5 percent per hour of the Zone 2 Base Rate, up to a maximum charge of 15%.
(5) If the departure of a vessel is delayed less than six hours before its scheduled departure time, there shall be a charge of 5 percent per hour of the Zone 2 Base Rate until the time the vessel sails, up to a maximum charge of 35 percent.
[(f)] (h) Vessels arriving without prior notice, late cancellation of arrival, arriving late at pilot station, late ordering of pilot.
(1) Vessels which arrive at the pilot station without prior notice will be charged a fee [of $250] equal to 25 percent of the Zone 2 Base Rate.
(2) If the arrival/departure of a vessel is cancelled less than six hours before its scheduled arrival/departure time, there shall be a charge of [$150.] 15 percent of the Zone 2 Base Rate. If the arrival/departure of a vessel is cancelled less than two hours before its scheduled arrival/departure time, there shall be a charge of 35 percent of the Zone 2 Base Rate.
(3) If a vessel arrives at the pilot station more than one hour later than its scheduled arrival time and the pilot boat on station or the pilot office has not been notified of the delayed arrival at least three hours before the scheduled arrival time, there shall be a charge of [$50 for each hour or part thereof. The maximum charge shall be $300] 5 percent per hour of the Zone 2 Base Rate, up to a maximum charge of 35%.
(4) If an order to pilot a vessel outbound is received less than three hours prior to sailing time, or an order to pilot a vessel inbound is received less than six hours prior to arrival time, there shall be a charge of [$100.] 10 percent of the Zone 2 Base Rate.
All charges covered by this section shall be in addition to other fees presented by the Navigation Law and these regulations.
Text of proposed rule and any required statements and analyses may be obtained from:
Frank W. Keane, Board of Commissioner of Pilots of the State of New York, 17 Battery Place, Suite 1230, New York, N.Y. 10004, (212) 425-5027, email: FWKeane@bdcommpilotsny.org
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
