Department of State

Division of Professional Regulation

final

REGULATORY IMPLEMENTING ORDER

I. Summary of the Evidence and Information Submitted.

The Delaware Board of Pilot Commissioners published proposed amendments to its regulations in the Delaware Register of Regulations on October 1, 2009. Notices of the proposed regulations were published in The News Journal and the Delaware State News in September 2009, respectively, and copies of the newspaper notices are on file with the Division of Professional Regulation. The newspaper notices invited written comments from the public but none were received. The newspaper notices also invited the public to attend a hearing on December 11, 2009 to comment on the proposed regulations. No members of the public attended the hearing.

II. Findings of Fact

The Board of Pilot Commissioners finds it necessary to adopt the amended regulations to match their provisions with existing law, and to provide for an appropriate process for the Commission to be notified of actions taken to obtain a medical waiver from the United States Coast Guard for the related Federal pilot license. During the December 11 meeting, however, the Board voted to amend portions of the proposed regulations to extend the reporting deadline, and to expand pilot responsibilities regarding the waiver request. None of the approved amendments to the draft regulations are considered to be substantive.

III. Decision To Adopt the Regulations

The Board of Pilot Commissioners hereby adopts the amended regulations pursuant to 11 DelC. §8404(a)(14).

1000 Board of Pilot Commissioners

2.1 An examination shall be given to apprentices upon completion of their apprenticeship to determine their qualifications for licenses. The written examination shall be based on knowledge required to be learned by the apprentice during his/her apprenticeship.

2.2 No license shall be issued to any Pilot for any route for which he/she has not made required trips and passed required examination.

2.3 No original license will be issued for anything less than the route from entrance of Delaware Bay to Newbold Channel, and Chesapeake & Delaware Canal. All these licenses must be maintained through your pilot career.

2.4 The Board of Pilot Commissioners shall issue endorsements for any tributaries of the Bay and River Delaware to any Delaware licensed Pilot who has passed examination for same.

Fourth Class Pilots shall demonstrate their knowledge to the Commission of their thorough understanding of vessel "squat" and other deep vessel handling characteristics prior to being licensed as a Third Class Pilot.

[Pilot Licenses are to be issued on anniversary of their original date from October 24, 1967, to comply with Delaware law. The renewal date for Pilot Licenses is November 30, or the date determined by the Division of Professional Regulation, to comply with 23 Del.C. Section 115.]

5.1 Maintain all licenses they have in hand as of 5 May 1986 throughout the remainder of their Pilot career.

5.2 Hold a valid radar certificate. ARPA certification is also required.

5.3 Provide a copy of all licenses and certificates to the Commission Secretary.

5.4 Notify the Commission Secretary on the form provided each Pilot that the "Rules of the Nautical Road" have been read.

5.5 Any pilot who fails to exercise his or her profession for any consecutive 90-day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only upon certification to the Board that he or she has made such refresher trips over the route as shall be deemed necessary by the Board to assure that he or she is fully familiar with conditions along the route. Refresher trips shall be made in the company of a first class pilot.

5.6 Attend at least (40) hours of approved education every five (5) years. The course or courses of study shall total not less than 40 hours of formal training on subjects relating to navigation and piloting. All such courses may be taken at an approved education facility. The Board of Pilot Commissioners shall approve all courses before enrollment.

5.6.1 The courses listed here are now approved by the Board and will continue to be approved until further notice:

Ship Handling, Port Revel

Centre De Port Revel

38136 St. Pierre de Bressieux

France

Maritime Institute of Technology

5700 Hammonds Ferry Road

Linthicum Heights, MD 21090

SCI Maritime Training

241 Water Street

New York, NY 1003 8

South Hampton Institute

Newtown Road, Warsash Hampshire

England

Star Center Simulation Training Assessment & Research (STAR) Center

2 West Dixie Highway

Dania Beach, FL 33004

[Tidewater Navigation

Mid-Atlantic Maritime Academy]

[Norfolk Virginia Beach], VA

5.7 Attend and complete at least once every five (5) years a Bridge Resource Management ("BRM") course recommended and approved by this Board or by the American Pilots Association. Classroom or simulator hours spent in attendance at a BRM course will count towards satisfaction of the requirement of subparagraph "E", above. All licensed pilots shall have passed and approved BRM course prior to I July 1997.

6.0 Pilots must pass a designated physical examination every year within 120 days before their date of license renewal. rResults of the examination shall be reported on the form provided each Pilot approved by the Board. Examinations may also be ordered by the Board for any Pilot at any time for any cause. In addition, each Pilot shall report to the Commission concerning the Pilot’s request for a waiver from the United States Coast Guard for any medical condition, as permitted by Federal regulation, as well as the results of any such waiver request. The initial report to the Commission shall be made at the same time that the waiver request is made to the Coast Guard, and [the report a copy] of the Coast Guard’s decision on the waiver request shall be provided to the Commission within [three five] business days of the Pilot’s receipt of the waiver decision.

7.1 To have rendered pilotage service to not less than 52 vessels in the course of the year preceding the year for which the renewal of such license is sought; and

7.2 To furnish to this Commission, in writing, not later than the time when application is made to this Commission for the renewal of such license, a list of all pilotages, during the period of the license whose renewal is sought, giving:

7.2.1 The name of the vessel.

7.2.2 The date of pilotage.

7.3 Provided however, that this requirement shall be proportionally reduced in number, or eliminated, upon presentation of proof in form and substance satisfactory to the Commission, that during the year about to be concluded, the applicant for renewal was engaged in administrative duties connected with pilotage on the Bay and River Delaware, or was duly assigned and engaged in administrative assignments for the benefit of said pilotage, or was temporarily disabled from the performance of this duties as a Pilot or other reason deemed satisfactory to the Commission.

7.4 In the event that the requirement for 52 pilotages is reduced or eliminated to the satisfaction of the Commission, a number of refresher trips may be required before renewal is granted.

8.1 When a vessel is docking or anchoring, a Delaware licensed pilot shall remain on the bridge, attentive to duty, until the vessel has at least one ship's line secure to the dock, or until the vessel is anchored properly and firmly within a designated anchorage area.

8.2 Nonetheless, nothing in these Rules shall prevent the Master of a vessel from employing the services of a docking master.

9.1 It shall be the personal responsibility of all Pilots licensed by this Commission to make reports of all casualties, collisions, groundings, etc. These reports shall be made to the Division of Professional Regulation's Chief Investigator, with a copy sent to the Commission's liaison to the Investigator. All such reports must be made within five days of the occurrence, except that any marine casualty involving oil spillage, pollution, or death must also be reported by telephone, facsimile transmission, or telegram to the Investigator and Commission liaison within twenty-four hours of the occurrence, to be followed thereafter by the written report. Failure to make such reports within the required time frame may result in disciplinary proceedings.

9.2 Pilots licensed by this Commission are also required to furnish the Investigator and Commission liaison with a copy of all written reports the pilot makes to the U.S. Coast Guard relating to any occurrence through the pilot's licensed route of all casualties, collisions, or groundings. These pilots must provide the Investigator and the Commission liaison with copies of any Coast Guard findings based on these reports.

It is suggested that, in the event any of the Pilots licensed by this Commission consider it unwise for a ship which he has boarded to get under way or leave a dock either due to weather or tide conditions, and the master of the ship insists on getting under way, the Pilot should refuse to assume his duties until such a time as it is in his opinion safe to proceed.

11.1 Under the provisions of 23 Del.C. §113(b), no person shall be eligible for licensure as a first class pilot by this Board, until that person has served at least one year in each of the lower classes.

11.2 While holding a second or third class license, all pilots must make at least two inward bound trips on vessels rated over 100,000 summer deadweight tons, on the southeastern approach lane from “D” buoy to at least the Delaware Capes. Each such trip must be made while accompanied by a pilot holding a first class license for the Bay and River Delaware issued by either this Board or the Pennsylvania Navigation Commission. At least one of these trips must be made during darkness. Second class pilots must furnish proof of these trips to the Board at least thirty days prior to being granted their first class pilot license.

12.1 Under 23 Del.C. §113(b), a licensed pilot must serve at least one year in each of the previous lower pilot license classifications before the pilot is entitled to a first class license, permitting the pilot to provide pilotage services for “ships or vessels of any practical draft of water.” 23 Del.C. §112(1). Using the plain meaning rule of legislative interpretation, the term “serve” as used in Section 113(b) means to actively engage in the pilot profession during a full one-year term, and not merely to hold a current license for twelve months.

12.2 For example, if a pilot is unavailable for pilotage assignments during a one-year term, the total time for which the pilot was unavailable shall not be counted toward the one-year requirement. This circumstance will then affect the pilot’s license renewal date, at the completion of the total one-year term.