Collapse to view only § 401.432 - Certification of support 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 must 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 $986;
(2) Lake Ontario is $643;
(3) Lake Erie is $576;
(4) The navigable waters from Southeast Shoal to Port Huron, MI is $753;
(5) Lakes Huron, Michigan, and Superior is $440; and
(6) The St. Marys River is $825.
(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 transit 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 the dates of May 1 and November 30, a vessel or owner is not liable for charges under paragraphs (a)(1) or (2) of this section, if the Pilot's retention or delayed departure was caused by ice or weather, as determined by the vessel Master.
(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 may require the assignment of two Pilots to a ship upon request of the ship or when the Director deems it necessary for the safe navigation of the ship, because of anticipated long transit, uncommon ship size, adverse weather or sea conditions or other abnormal circumstances. The charge to the ship will be twice the appropriate charge provided for in §§ 401.405, 401.407, 401.410, and 401.420. Each situation will be evaluated on a case-by-case basis. This authorization may occur at the opening and closing of the year, after the locks have opened or closed for a defined time period based upon the availability of the aids to navigation, ice conditions, weather forecasts, and other relevant information.
§ 401.427 - Charge on past due accounts.
A charge of two percent (2%) per month must 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 may be applied against any vessel, owner, or Master thereof by a United States Registered Pilot that differs from the rates and charges set forth in this part, nor may any rates or charges be made for services performed by a United States Registered Pilot, or for support services directly related to the provision of pilotage that a United States 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 or pilot association that the owner or Master disputes as a charge prohibited by § 401.430 may be appealed to the Director, within 60 business days of the date the pilot association issues the bill, for an advisory opinion as to whether such rate or charge is a prohibited charge.
(b) The appeal must be official correspondence from either the vessel owner, vessel charterer, or an agent or employee empowered to speak on behalf of the owner or charterer. 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. The correspondence must articulate the following:
(i) Vessel name, date of service, and reference number for the invoice/bill;
(ii) Exact amount of dispute;
(iii) Regulatory citation for dispute; and
(iv) Requested resolution.
(c) The pilot association must be furnished with a copy of the appeal and be notified by the owner or charterer that the matter has been appealed for an advisory opinion.
(d) The pilot association must be allowed 20 business days from receiving the notice of appeal in which to provide any data or arguments desired to be submitted in further defense of the disputed charges.
(e) The Director must consider all relevant matters presented and issue an advisory opinion within 30 business days of receiving the pilot association's submission(s) per paragraph (d) of this section. The advisory opinion must set forth the rates and charges in dispute, a discussion of the facts and relevant information considered, and a statement of opinion.
(f) When the opinion of the Director is that the disputed rates or charges are prohibited by § 401.430, the respondent must refund moneys, adjust invoices, and otherwise conform to the advisory opinion within thirty (30) business days.
(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.
(h) The pilot association or vessel owner may appeal the advisory opinion to the Director of Marine Transportation Systems (CG-5PW), no later than 10 business days after receiving the advisory opinion, for a final adjudication.
§ 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 they are assigned completes its arrival at or, in the case of a through trip, passes any of the following places:
(a) Snell Lock;
(b) Iroquois Lock, Ogdensburg, NY;
(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) Buoy 33, St. Marys River, Point Iroquois;
(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 Buoy 33.
§ 401.451 - Pilot rest periods.
(a) Except as provided in paragraph (b) of this section:
(1) Each United States Registered Pilot upon completing an assignment at a change point designated in § 401.450, and
(2) Each United States Registered Pilot upon completing a series of assignments totaling more than 10 hours with no more than 2 hours rest between assignments, must 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 United States Registered Pilot for service before their 10-hour rest period required under paragraph (a) of this section is completed. Pilotage pools must advise the Director of each assignment made under this paragraph.