Collapse to view only § 401.420 - Cancellation, delay, or interruption in rendition of services.
- § 401.400 - Calculation of pilotage units and determination of weighting factor.
- § 401.401 - Surcharges.
- § 401.405 - Pilotage rates and charges.
- § 401.420 - Cancellation, delay, or interruption in rendition of services.
- § 401.425 - Provision for additional pilot.
- § 401.427 - Charge on past due accounts.
- § 401.428 - Boarding or discharging a pilot other than at designated points.
- § 401.430 - Prohibited charges.
- § 401.431 - Disputed charges.
- § 401.432 - Certification of support services.
- § 401.440 - Advance payment of charges.
- § 401.450 - Pilot change points.
- § 401.451 - Pilot rest periods.
§ 401.400 - Calculation of pilotage units and determination of weighting factor.
The equivalent pilotage unit number and appropriate weighting factor for each ship shall be computed by utilizing the following formula and table:
(a) Pilotage unit computation:
Pilot Unit = (Length × Breadth × Depth)/283.17 (measured in meters) Pilot Unit = (Length × Breadth × Depth)/10,000 (measured in feet)(b) Weighting factor table:
| Range of pilotage units | Weighting factor | 0-49 | 1.0 | 50-159 | 1.15 | 160-189 | 1.30 | 190-and over | 1.45 |
|---|
(c) The charge for pilotage service is obtained by multiplying the weighting factor, obtained from paragraph (b) of this section by the appropriate basic rate specified in §§ 401.405, 401.407, 401.410, 401.420 and 401.425.
§ 401.401 - Surcharges.
To facilitate safe, efficient, and reliable pilotage, and for good cause, the Director may authorize surcharges on any rate or charge authorized by this subpart. Surcharges must be proposed for prior public comment and may not be authorized for more than 1 year. Once the approved amount has been received, the pilot association is not authorized to collect any additional funds under the surcharge authority and must cease such collections for the remainder of that shipping season.
§ 401.405 - Pilotage rates and charges.
(a) The hourly rate for pilotage service on—
(1) The St. Lawrence River is $927;
(2) Lake Ontario is $608;
(3) Lake Erie is $597
(4) The navigable waters from Southeast Shoal to Port Huron, MI is $667;
(5) Lakes Huron, Michigan, and Superior is $430; and
(6) The St. Mary's River is $836.
(b) The pilotage charge is calculated by multiplying the hourly rate by the hours or fraction thereof (rounded to the nearest 15 minutes) that the registered pilot is on the bridge or available to the master of the vessel, multiplied by the weighting factor shown in § 401.400 of this part.
§ 401.420 - Cancellation, delay, or interruption in rendition of services.
(a) Except as otherwise provided in this section, a vessel can be charged as authorized in § 401.405 of this part for the waters in which the event takes place, if—
(1) A U.S. pilot is retained on board while a vessel's passage is interrupted;
(2) A U.S. pilot's departure from the vessel after the end of an assignment is delayed, and the pilot is detained on board, for the vessel's convenience; or
(3) A vessel's departure or movage is delayed, for the vessel's convenience, beyond the time that a U.S. pilot is scheduled to report for duty, or reports for duty as ordered, whichever is later.
(b) When an order for a U.S. pilot's service is cancelled, the vessel can be charged for the pilot's reasonable travel expenses for travel that occurred to and from the pilot's base, and the greater of—
(1) Four hours; or
(2) The time of cancellation and the time of the pilot's scheduled arrival, or the pilot's reporting for duty as ordered, whichever is later.
(c) Between May 1 and November 30, a vessel is not liable for charges under paragraphs (a)(1) or (2) of this section, if the interruption or detention was caused by ice, weather, or traffic.
(d) A pilotage charge made under this section takes the place and precludes payment of any charge that otherwise could be made under § 401.405 of this part.
§ 401.425 - Provision for additional pilot.
The Director, Great Lakes Pilotage Staff, U.S. Coast Guard, or the General Manager, Great Lakes Pilotage Authority, Ltd., Canada, may require the assignment of two pilots to a ship upon request of the ship or when in his judgment, because of anticipated long transit, uncommon ship size, adverse weather or sea conditions or other abnormal circumstances, the assignment of two pilots is considered necessary for the safe navigation of the ship. The Director or General Manager shall direct which of the pilots is to be in charge, as circumstances require. The charge to the ship shall be twice the appropriate charge provided for in §§ 401.405, 401.407, 401.410, and 401.420. This section does not apply to a ship in a direct transit of the undesignated waters of Lake Erie between Southeast Shoal and Port Colborne unless the ship is required by law to have a registered pilot on board in these waters.
§ 401.427 - Charge on past due accounts.
A charge of two percent (2%) per month shall be paid on the opening monthly balance on accounts remaining unpaid over thirty (30) days after the billing date.
§ 401.428 - Boarding or discharging a pilot other than at designated points.
For a situation in which a vessel boards or discharges a U.S. pilot at a point not designated in § 401.450 of this part, it could incur additional charges as follows:
(a) Charges for the pilot's reasonable travel expenses to or from the pilot's base, if the situation occurs for reasons outside of the vessel's control, for example for a reason listed in § 401.420(c) of this part; or
(b) Charges for associated hourly charges under § 401.405 of this part, as well as the pilot's travel expenses as described in paragraph (a), if the situation takes place for the convenience of the vessel.
§ 401.430 - Prohibited charges.
No rate or charge shall be applied against any vessel, owner or master thereof, by a registered pilot which differs from the rates and charges set forth in this part, nor shall any rates or charges be made for services performed by a registered pilot, or for support services directly related to the provision of pilotage that a registered pilot requires a vessel to utilize, other than those for which a rate is prescribed in this part, without the approval of the Director.
§ 401.431 - Disputed charges.
(a) Any rate or charge applied against any vessel, owner, or master thereof by a registered pilot which the owner or master disputes as a charge prohibited by § 401.430, may be appealed to the Director for an advisory opinion as to whether such rate or charge is a prohibited charge.
(b) The appeal shall be in writing and set forth the amounts and description of the rates and charges disputed. The appeal must be supported by evidence that a reasonable attempt has been made to resolve the matter between the parties and that a bona fide controversy exists.
(c) The respondent shall be furnished a copy of the appeal and be notified by the appellant that the matter has been appealed for an advisory opinion.
(d) The respondent shall be allowed a reasonable time, not less than twenty (20) days, in which to file with the Director and the appellant any data or arguments desired to be submitted in further defense of the disputed rates and charges.
(e) The Administration shall consider all relevant matter presented and issue an advisory opinion which shall be accompanied by an express recital that all relevant material received has been considered. The advisory opinion shall set forth the rates and charges in dispute, a discussion of the facts and relevant material considered, and a statement of opinion.
(f) When it is found that the disputed rates and charges, in the opinion of the Director, are charges prohibited by § 401.430, the respondent shall have a reasonable time, but not more than thirty (30) days in which to refund moneys, adjust invoices, and otherwise conform to the advisory opinion.
(g) Failure or refusal to comply with the advisory opinion within the time allowed may form a basis for a determination that there is a violation of the Great Lakes Pilotage Regulations subject to the provisions of § 401.500.
§ 401.432 - Certification of support services.
Each association holding a Certificate of Authorization shall certify each year whether any support service entity is directly or indirectly related by beneficial ownership to that association or to a United States registered pilot who is also a member of that association.
§ 401.440 - Advance payment of charges.
Subject to the approval of the Director, a United States or Canadian Registered Pilot performing pilotage services in accordance with the rates and charges set forth in this subpart may require advance payment of such rates or charges or a suitable bond securing payment.
§ 401.450 - Pilot change points.
A Registered Pilot's assignment is completed when the vessel to which he is assigned completes its arrival at or, in the case of a through trip, passes any of the following places:
(a) Snell Lock;
(b) The Saint Lawrence River between Iroquois Lock and the area of Ogdensburg, NY, beginning October 2, 2017;
(c) Cape Vincent;
(d) Port Weller;
(e) Port Colborne;
(f) Detroit/Windsor, other than assignments originating or terminating at a point on the Detroit River;
(g) Port Huron/Sarnia;
(h) Detour;
(i) Gros Cap;
(j) Chicago with respect to assignments originating at Detour or Port Huron/Sarnia; and
(k) Duluth/Superior and Fort William/Port Arthur with respect to assignments originating at Gros Cap.
§ 401.451 - Pilot rest periods.
(a) Except as provided in paragraph (b) of this section:
(1) Each Registered Pilot upon completing an assignment at a change point designated in § 401.450, and
(2) Each Registered Pilot upon completing a series of assignments totaling more than 10 hours with no more than 2 hours rest between assignments, shall not perform pilotage services for at least 10 hours.
(b) In the event of an emergency or other compelling circumstances a pilotage pool may assign a Registered Pilot for service before his 10-hour rest period required under paragraph (a) of this section is completed. Pilotage pools shall advise the Director of each assignment made under this paragraph.