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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2014

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24 DE Admin. Code 1000
The Delaware Board of Pilot Commissioners pursuant to 23 Del.C. §102(1), proposed to revise Regulations 11.2 and 6.0. The proposed change to Regulation 11.2 strikes that regulation in its entirety. The proposed change to Regulation 6.0 removes the 120 day limitation on annual physicals.
Following publication in the Delaware Register of Regulations on April 1, 2014 a public hearing was held on May 16, 2014. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. No written comments were received and no public comments were made during the public hearing. At the public hearing, the Board marked as Exhibit 1 certifications of publication of the notice of public hearing, that ran in the Delaware News Journal and the Delaware State News.
Pursuant to discussions held at open public Board meetings, the Board, pursuant to 23 Del.C. §102(1), proposed to revise regulation 11.2 by striking it in its entirety and revise regulation 6.0 by removing the 120 day limitation on annual physicals. The purpose for the removal of regulation 11.2 is that vessels of the size required to be piloted by this rule are no longer calling at the port, making compliance with this regulation difficult and unnecessary. The purpose for the removal of the 120 day limitation on annual physicals in regulation 6.0 is that the current constrictions of private health insurance often limit annual physicals to one per year, and this limitation is making compliance with insurance requirements difficult to impossible.
IT IS SO ORDERED this 15th day of August, 2014 by the Delaware Board of Pilot Commissioners.
6.0 Pilots must pass a designated physical examination every year within 120 days before their date of license renewal. Results of the examination shall be reported on the form 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 a copy of the Coast Guard’s decision on the waiver request shall be provided to the Commission within five business days of the Pilot’s receipt of the waiver decision.
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.
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.
Last Updated: December 31 1969 19:00:00.
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