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1 Notice of Meeting of the Pilot Board of the Port of Corpus Christi Authority of Nueces County, Texas, on Tuesday, June 20, 2017, at 8:30 AM At the Solomon P. Ortiz International Center 402 North Harbor Drive, Corpus Christi, Texas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Sherry DuBois at at least 48 hours in advance so that appropriate arrangements can be made. Si usted se dirige a la junta y cree que su inglés es limitado, habrá un intéprete inglés español en la reunión de la junta para ayudarle. Members of the audience will be provided an opportunity to address the Port Commission. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. PUBLIC NOTICE is given that the Commission may go into executive session at any time during the meeting to discuss matters listed on the agenda when authorized to do so by the provisions of Section or Chapter 551 of the Texas Government Code. In the event the Commission elects to go into executive session regarding any agenda item, the presiding officer will publicly announce the section or sections of the Texas Government Code authorizing the executive session. 1. Call to order 2. Conflict of Interest Affidavits 3. Minutes 3.a. Approve the minutes of the Pilot Board meeting held on April 18, April 18, 2017 Pilot Minutes 4. Receive Public Comment (Each speaker will be limited to 3 minutes.) 5. Open Agenda 5.a. Present 1st Quarter Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report performed April 10, 2017, per Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel. Pilot Work Hours - Memo 1 Page 1

2 Work-Rest Report 5.b. Approve the appointment of Capt. Benjamin Watson from the Deputy Branch Pilot Pool to the Aransas-Corpus Christi Pilot's Deputy Branch Pilot Training Program. Deputy Pilot Request Letter 5.c. Consider and take action on proposed revisions to Section V of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Work-Rest Requirements for the Aransas-Corpus Christi Pilots. Work-Rest Proposed Rule Change - Memo Work-Rest Modification Rule Change Order Notice of Rule Change 5.d. Consider and take action on proposed revisions to Section VI of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1. Rule Change Order - Memo Rule Change Order Notice of Rule Change 6. Adjourn 2 Page 2

3 OFFICIAL MINUTES OF PILOT BOARD MEETING April 18, 2017 The Board of Pilot Commissioners for the Port of Corpus Christi Authority (the Pilot Board ) met on Tuesday, April 18, 2017, at 8:20 a.m., at the Congressman Solomon P. Ortiz International Center (Nueces Room), 402 Harbor Drive, Corpus Christi, Texas. Present: Absent: Staff Present: Others Present: Others Present: Mr. Charles Zahn Mr. Wayne Squires Mr. David P. Engel Mr. Richard L. Bowers Mr. Wes Hoskins Ms. Barbara Canales Mr. John LaRue Mr. Sean Strawbridge Mr. Dennis DeVries Mr. Jarl Pedersen Mr. Ruben Medina Chief Tom Mylett Ms. Patricia Cardenas Mr. Russell Cordo Mr. David Krams Ms. Lynn Angerstein Mr. Bland Chamberlain Ms. Sherry DuBois Ms. Angela Leyva Mr. Bennie Benavides Ms. Jennifer Powell Mr. Jesse Samu Mr. Leo J. Welder, Jr. Mr. Dane C. Bruun Mr. Richard R. Valls Valls Group Capt. Jay Rivera Aransas/CC Pilots Assn. Capt. Louis Adams Capt. Andrea Morrison Capt. Kevin Monaco Mr. Terry Arnold Consultant Pilot Board Pg.1 of 2

4 Capt. Mike Kershaw Consultant Capt. Joe Harrington Ms. Darcy Schroeder Valero Mr. Mike Wike Accutrans Mr. Kevin Miller CITGO Mr. Xavier Valverde G&H Towing Mr. Joe Guzman South Texas Military Facilities Task Force Mr. Chris Ramirez Caller-Times Mr. John Pasch Cheniere I. Chairman Zahn called the meeting to order and asked for any conflict of interest affidavits. None were submitted. II. On motion made by Mr. Squires and seconded by Mr. Bowers, the minutes of the Pilot Board meeting held on March 21, 2017, were approved in the form presented to the meeting. III. Chairman Zahn asked for comments from the public. None were received. IV. On motion made by Mr. Hoskins and seconded by Mr. Squires, the Commission approved the appointment of Capt. Andrea Morrison from the Deputy Branch Pilot Pool to the Aransas-Corpus Christi Pilot s Deputy Branch Pilot Training Program. There being no further business, the meeting adjourned at 8:27 a.m. V Pilot Board Pg.1 of 2

5 AGENDA MEMORANDUM Action Item for Pilot Board Meeting of June 20, 2017 DATE: June 20, 2017 TO: FROM: Pilot Board Russell Cordo, Assistant Harbormaster (361) Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report for 1st Quarter 2017 SUMMARY: On April 10, 2017, Capt. F. Mike Kershaw, a Port/Pilot Liaison consultant, reviewed the Pilot s master work hours logbook for the first quarter of 2017 as required by Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel adopted October 1, BACKGROUND: Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel, adopted October 1, 2014, defines the work-rest requirements for Aransas-Corpus Christi Pilots. Section V states that the pilots will keep a master logbook for all pilots and make it available for inspection by the Pilot Board or its representatives upon request. On April 10, 2017, Capt. Kershaw reviewed the Pilot s master work hours logbook during the first quarter of Attached is Capt. Kershaw s report summarizing his inspection. ALTERNATIVES: N/A CONFORMITY TO PORT POLICY: The Aransas-Corpus Christi Pilot Work Hours Visual Inspection Report complies with Sec V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel. EMERGENCY: N/A FINANCIAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends approval of the 1st Quarter Aransas- Corpus Christi Pilot Work Hours Visual Inspection Report performed April 10, 2017, per Sec V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel. 5

6 DEPARTMENTAL CLERARANCES: Originating Department Reviewed by Legal Executive Staff Harbormaster s Office Russell Cordo Dane Bruun Sean Strawbridge LIST OF SUPPORTING DOCUMENTS: Pilot Work/Rest Review Report (April 10, 2017) 6

7 7

8 Aransas-Corpus Christi Pilots PO Box 2767, Corpus Christi, Texas Telephone (361) Facsimile (361) June 7, 2017 Mr. John P. LaRue Secretary of the Pilot Board Port of Corpus Christi Authority 222 Power Street Corpus Christi, Texas Dear Mr. LaRue, The Aransas-Corpus Christi pilots have selected Capt. Benjamin Watson from the pool of eligible candidates of the Application Review Committee for the Pilot Board of the Port of Corpus Christi Authority. We respectfully request that the Pilot Board place Capt. Watson on the agenda for the next scheduled Port Commission meeting so that his qualifications can be presented. We also respectfully request that the Port of Corpus Christi Authority perform a criminal background check, as required by the Deputy Pilot Applicant procedure, prior to Capt. Watson s appointment from the Deputy Branch Pilot Pool to the Aransas-Corpus Christi Pilot s Deputy Branch Pilot Training Program. Once the Pilot Board has completed these steps, we will submit a letter to the United States Coast Guard (USCG) stating Capt. Watson s acceptance into our observation/training program so that he may be allowed to sit for his First-Class Pilot examination. Upon successful completion of USCG testing and initial 120-day riding observer period, we will present to the Board a formal request for recommendation that the Pilot Board approve Capt. Watson as a Deputy Branch Pilot. Respectfully submitted, Capt. Jay Rivera Presiding Officer Aransas-Corpus Christi Pilots 8

9 AGENDA MEMORANDUM Action Item for Pilot Board Meeting of June 20, 2017 DATE: June 20, 2017 TO: FROM: Pilot Board Russell Cordo, Assistant Harbormaster (361) Revision to Section V of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Work-Rest Requirements for the Aransas-Corpus Christi Pilots SUMMARY: The Aransas-Corpus Christi Pilots request an amendment to Section V of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding their work-rest requirements. BACKGROUND: Section V of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel, adopted October 1, 2014, defines the work-rest requirements for Aransas-Corpus Christi Pilots. The ACC Pilots recommend additional improvements to better utilize current and future Pilot workforce and to promote efficient vessel movements in the Port. (See attached letter request from ACC Pilots). The South Texas Waterways Advisory Committee ( STWAC ) was briefed on May 30, 2017, and agreed by unanimous vote to recommend the revision to the Pilot Rules for consideration by the Pilot Board on June 20, Notice of the proposed rule change was posted in accordance with the requirements of Section of the Texas Transportation Code. ALTERNATIVES: N/A EMERGENCY: N/A FINANCIAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends the Pilot Board adopt the attached order amending Section V of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding work-rest requirements. DEPARTMENTAL CLERARANCES: Originating Department Reviewed by Legal Executive Staff Harbormaster s Office Russell Cordo Dane Bruun Sean Strawbridge 9

10 LIST OF SUPPORTING DOCUMENTS: Letter Request from ACC Pilot Presiding Officer (June 4, 2017) Notice of Proposed Rule Change Order Adopting Rule Change 10

11 Aransas-Corpus Christi Pilots PO Box 2767, Corpus Christi, Texas Telephone (361) Facsimile (361) June 7, 2017 Work-Rest Requirements for Pilots (Amendment): The Aransas-Corpus Christi Pilots operate under a Pilot Board approved fatigue mitigation policy that was enacted October of 2014 and is quoted below: A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24-hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. After nearly 3 years of operating under this policy, the Aransas-Corpus Christi Pilots recommend additional improvements to this policy to better utilize the current and future Pilot force and promote efficient vessel movements in the Port. The proposed modifications will ensure a properly rested Pilot force while still maintaining parallels to the standards of Federal and International Law (OPA 90, 46 CFR, 46 USC, STCW 2010). The recommended standard by STCW is 13 hours worked in a 24 hour period with a minimum of 10 hours of rest. The OPA-90 standard is 12 hours worked in a 24 hour period, with no more than 36 hours in a 72 hour period, and no more than 15 hours in a single day. These regulations apply for seafarers living onboard that do not have to travel to their work site and are also counted as hours on task or bridge time. With these Federal and International standards as reference, the Aransas-Corpus Christi Pilots recommend reducing the time allotted for travel from one hour between jobs to 30 minutes. This modification would more accurately account for the total time that Pilots incur traveling to and from a job during a work day and still be in compliance with the total rest time requirement. This change would also ensure that the Pilots would not be in violation of the current Work-Rest requirements after they have completed their work day and are on route to their home to rest. 11

12 Aransas-Corpus Christi Pilots PO Box 2767, Corpus Christi, Texas Telephone (361) Facsimile (361) As a contingency for extended channel closure events that last 12 hours or more, such as rig movements or weather events, we recommend a temporary deviation to the Work-Rest rule, also in accordance with Federal and International Law, to clear traffic after these events. The Aransas-Corpus Christi Pilots recommend an increase in the total work hours from 13 to 15 after these channel closure events, to allow to clear all backed up traffic, provided that the total rest period described in the paragraph above is completed. Our group is certain that these modifications will expedite vessel movements in the Port, while keeping within the spirit of these regulations, and maintaining a properly rested Pilot work force. Respectfully submitted, Capt. Jay Rivera Presiding Officer Aransas-Corpus Christi Pilots 12

13 AN ORDER OF THE BOARD OF PILOT COMMISSIONERS FOR THE PORT OF CORPUS CHRISTI AUTHORITY REGARDING WORK-REST REQUIREMENTS FOR PILOTS AND COMBINED BEAM RESTRICTION Whereas, the current Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel ( Pilotage Rules and Regulations ), approved and adopted by the Board of Pilot Commissioners for the Port of Corpus Christi Authority ( Pilot Board ) in accordance with Chapter 70, Texas Transportation Code, are attached hereto as Attachment One; and Whereas, the Pilot Board wishes to amend the Pilotage Rules and Regulations by revising Section V regarding work-rest requirements for pilots and temporarily revising Section VI regarding the combined beam restrictions in vicinity of the ADM Grain Elevator and CITGO Dock #1; and Whereas, notice of the proposed rule changes has been given and posted in accordance with the requirements of Section of the Texas Transportation Code; NOW, THEREFORE, BE IT RESOLVED by the Pilot Board that: Section 1. The Pilot Board hereby amends the Pilotage Rules and Regulations by revising Sections V and VI of the Pilotage Rules and Regulations. Section 2. Pursuant to the power and authority granted to the Pilot Board in Section of the Texas Transportation Code, the Pilot Board hereby amends the Pilotage Rules and Regulations by revising Sections V and VI thereto to read as follows: V WORK-REST REQUIREMENTS FOR PILOTS (Effective July 1, 2017) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24-hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. In the event of an extended channel closure of 12 hours or more in duration, a Pilot s work hours may not exceed 15 total hours in any 24-hour period after the channel is opened. The required rest periods in the previous paragraph still apply Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one half hour after the Pilot 1 13

14 steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 377 COMBINED BEAM RESTRICTION (Effective July 1, 2017) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 1. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 377, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. 2. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). 3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 4. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 377. Section 3. The amendment to Section V of the Pilotage Rules and Regulations shall be effective on July 1, Section 4. The amendment to Section VI of the Pilotage Rules and Regulations shall be temporary revision for a 120-day trial period effective on July 1, IT IS ACCORDINGLY SO ORDERED this 20 th day of June, Presiding Officer of the Pilot Board

15 ATTACHMENT ONE RULES AND REGULATIONS GOVERNING PILOTS AND PILOTAGE ON THE CORPUS CHRISTI SHIP CHANNEL EFFECTIVE AUGUST 1, 2013 AMENDED EFFECTIVE MAY 13, 2014 AMENDED EFFECTIVE OCTOBER 1, 2014 AMENDED EFFECTIVE JANUARY 13, 2015 I GENERAL The Rules and Regulations ( Rules ) contained herein are adopted by the Board of Pilot Commission for the Port of Corpus Christi Authority to carry out the Port of Corpus Christi Pilots Licensing and Regulatory Act, Chapter 70, Texas Transportation Code. For purposes of these Rules, the following definitions apply: CCSC means the Corpus Christi Ship Channel Cut A means the CCSC from Port Aransas to Ingleside. Cut B means the CCSC from Ingleside to the Harbor Bridge. Inner Harbor means the CCSC westward of the Harbor Bridge. Tanker means any Vessel carrying, or designed to carry, liquid cargoes in bulk. Category One Tanker means a Tanker with the following dimensions: Greater than 748 feet ( meters) Length Over All (LOA), and Greater than 120 feet (36.58 meters) Beam (Width), and Greater than 40.9 feet (12.47 meters) Draft. Category Two Tanker means a Tanker with the following dimensions: Greater than 748 feet ( meters) LOA, and either Greater than 120 feet (36.58 meters) Beam, or Greater than 40.9 feet (12.47 meters) Draft. II LIMITATIONS AND RESTRICTIONS Draft Restrictions The Maximum Draft for any Vessel transiting the CCSC will be 45 feet (13.72 meters), and with a positive tide reading. FROM v3 Page 1 of 6 15

16 Combined Beam Restrictions The following Combined Beam Restrictions will apply to all Vessels: Within Cut A, the permissible combined beam for passing Vessels is 265 feet (80.77 meters). Within Cut B, the permissible combined beam for passing Vessels is 215 feet (65.53 meters). Within the Inner Harbor, at the location of the ADM and Citgo Docks, the permissible combined beam for passing Vessels (including combined beam of Vessels berthed at ADM and Citgo Docks) is 357 feet ( meters). Daylight Only Passage Restrictions The following vessels are subject to Daylight Only Passage Restrictions: All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under the Harbor Bridge All Category One Tankers The following applies to all Vessels subject to Daylight Only Passage Restrictions as per these Rules: Inbound Passages are restricted to Pilot boarding no earlier than ½ hour before Sunrise, and no later than the times detailed below for the various locations. Outbound Passages are restricted to Pilot boarding no earlier than Sunrise, and no later than the times detailed below for the various locations. o From Viola Basin - 5 ½ hours before Sunset o From Tule Basin - 5 hours before Sunset o From Chemical Basin - 4 ½ hours before Sunset o From Avery Basin - 4 hours before Sunset o From Main Basin - 3 ½ hours before Sunset o From Ingleside - 2 ½ hours before Sunset One Way Traffic Restrictions The following Vessels will be restricted to One Way Traffic within Cut B: FROM v3 Page 2 of 6 16

17 All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship The following Vessels will be restricted to One Way Traffic within both Cut A and Cut B: All Category One Tankers when transiting at night Two Pilot Requirements The following Vessels are required to retain the services of two Pilots for the transit: All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under Harbor Bridge All Vessels with a beam of greater than 120 feet (36.58 meters), when transiting the Inner Harbor, at the ADM and Citgo Docks, when both docks are occupied All Category One and Two Tankers when transiting at night Additional Requirements All Vessels greater than 1,600 Gross Tons shall have available a functional AIS Pilot Plug. All Aransas Corpus Christ Pilots shall be provided with a Portable Pilot Unit for use during the transit. III VARIANCES Any Vessel subject to Daylight Only Passage Restrictions may transit the CCSC at night, with Two Pilots onboard, subject to the approval of both the Harbor Master and the Aransas Corpus Christi Pilots Association. Any Vessel may be exempted from One Way Traffic Procedures for all (or part) of the transit of the CCSC, subject to the approval of both the Harbor Master and Aransas Corpus Christi Pilot s Association. FROM v3 Page 3 of 6 17

18 Any Vessel exceeding the parameters of these Rules may be subject to various restrictions, including additional pilots, Daylight Only Passage Restrictions, One Way Traffic Procedures, mandatory Tug assistance, or be denied entry. These Rules are based on normal traffic patterns and typical weather/tidal conditions. Variances from these Rules may be imposed at times by Federal, State or local authorities because of weather, prevailing channel conditions, or other reasons. IV DUTIES OF ADDITIONAL PILOTS (Added May 13, 2014) This Section IV applies only when a Vessel transiting the Corpus Christi Ship Channel requires the services of two or more Pilots. The additional Pilot(s) will assist in gaining, maintaining and assessing situational awareness, problem solving, and decision making throughout the transit. This will enable the conning Pilot to not become overloaded such that situational awareness can be maintained at all times allowing the conning Pilot to concentrate on the conduct of the Vessel in the waterway. Only one Pilot will be conning a Vessel at any given time. It will be communicated to the Bridge Team during the Master Pilot Exchange which Pilot will be conning and which Pilot(s) will be assisting. It will be subsequently communicated to the Bridge Team when the conning Pilot and the additional Pilot(s) exchange duties. The additional Pilot(s) will be engaged throughout the transit and may assist any time needed as outlined below: Boarding / Communications with crew: -Assist during Master-Pilot Exchange. -Evaluation of Vessel s navigation equipment. -Review Under Keel Clearance (UKC) issues. -Arrange traffic meeting situations. Transit of waterway: -The additional Pilot(s) may be stationed at different locations on the Vessel to aid with any visibility/deck obstruction issues. -Assess any hazards to the safe navigation of the Vessel. -Monitor position of Vessel in the channel. Docking / Undocking: -Assist during docking, undocking, close quarter situations, and turning. -Positioning of Vessel at berth / liaising with dock personnel. -Coordinate with line handlers. Accident Avoidance and Response: -Replace conning Pilot in case of incapacitation. -Handle communications with authorities. FROM v3 Page 4 of 6 18

19 -Coordinate damage control and spill mitigation. -Coordinate tug assist. V WORK-REST REQUIREMENTS FOR PILOTS (Effective October 1, 2014) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24- hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 357 COMBINED BEAM RESTRICTION (Added January 13, 2015) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 6. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 357, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. FROM v3 7. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). Page 5 of 6 19

20 8. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 9. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 10.Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 357. VII GENERAL CONDITIONS These Rules shall apply to all Vessels transiting the CCSC, regardless of whether the vessel is transiting under federal pilotage authority, or with a state-licensed, Aransas Corpus Christi Pilot onboard. In obeying and construing these Rules, due regard shall be had to all dangers of navigation and recognition is hereby given to the responsibility of the individual Pilot to exercise judgment as to any special circumstance which may render a departure from the Rules contained herein necessary in order to avoid immediate danger. Nothing in these Rules obligates an individual pilot to move a vessel when, in that pilot s opinion, it is unsafe to do so. These Rules made in the interest of safety. They are not intended to limit or supersede the on-scene discretion of an individual Pilot or ship s Master as they navigate vessels on the CCSC. The Pilot and Master on the vessel are best situated to evaluate the specific situation confronting a Vessel and determine a proper course of action. Situations may arise in which actions that depart from or conflict with these Rules may be necessary to address special circumstances or avoid immediate danger. The Pilot, with approval of the ship s Master, may determine a variance from the Rules is appropriate without prior written request or approval. Every foreign Vessel and every American Vessel engaged in foreign trade, including Vessels being moved dead, when underway on the CCSC shall employ an Aransas- Corpus Christi Pilot holding a valid commission or appointment as a Branch or Deputy Pilot. FROM v3 Page 6 of 6 20

21 BOARD OF PILOT COMMISSIONERS OF THE PORT OF CORPUS CHRISTI AUTHORITY NOTICE OF PROPOSED RULE CHANGE Pursuant to Section of the Texas Transportation Code, you are hereby notified that the Board of Pilot Commissioners for the Port of Corpus Christi Authority ( Pilot Board ) may adopt the following rule changes at a public meeting to be held on Tuesday, June 20, 2017, at 8:30 a.m., at the Congressman Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas: V WORK-REST REQUIREMENTS FOR PILOTS (Effective July 1, 2017) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24-hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. In the event of an extended channel closure of 12 hours or more in duration, a Pilot s work hours may not exceed 15 total hours in any 24-hour period after the channel is opened. The required rest periods in the previous paragraph still apply. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one half hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 377 COMBINED BEAM RESTRICTION (Effective July 1, 2017) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 1. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 377, the first vessel secured at ADM or

22 CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. 2. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). 3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 4. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 377. Note: The proposed revisions are underlined. If adopted by the Pilot Board, the foregoing proposed rule changes will be incorporated into Sections V and VI of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel

23 AGENDA MEMORANDUM Action Item for Pilot Board Meeting of June 20, 2017 DATE: June 20, 2017 TO: FROM: Pilot Board Russell Cordo, Assistant Harbormaster (361) Temporary Revision to Section VI of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christ revisions to Section VI of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 SUMMARY: Staff requests approval of a temporary revision to Section VI of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 for a 120-day trial period effective July 1, BACKGROUND: Section VI of the Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel ( Pilot Rules ), adopted January 13, 2015, defines the combined beam restrictions in the Inner Harbor in the vicinity of the ADM Grain Elevator and Citgo Dock #1. The Port Optimization Group and South Texas Waterways Advisory Committee ( STWAC ) were briefed on May 30, 2017, and agreed by unanimous vote to recommend the temporary revision to the Pilot Rules for consideration by the Pilot Board on June 20, Notice of the proposed rule change was posted in accordance with the requirements of Section of the Texas Transportation Code. ALTERNATIVES: N/A EMERGENCY: N/A FINANCIAL IMPACT: N/A STAFF RECOMMENDATION: Staff recommends the Pilot Board adopt the attached order approving of a temporary revision to Section VI of the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel regarding Combined Beam Restriction in the vicinity of ADM Grain Elevator and CITGO Dock #1 for a 120-day trial period effective July 1,

24 DEPARTMENTAL CLERARANCES: Originating Department Reviewed by Legal Executive Staff Harbormaster s Office Russell Cordo Dane Bruun Sean Strawbridge LIST OF SUPPORTING DOCUMENTS: Notice of Proposed Rule Change Order Adopting Rule Change 24

25 AN ORDER OF THE BOARD OF PILOT COMMISSIONERS FOR THE PORT OF CORPUS CHRISTI AUTHORITY REGARDING WORK-REST REQUIREMENTS FOR PILOTS AND COMBINED BEAM RESTRICTION Whereas, the current Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel ( Pilotage Rules and Regulations ), approved and adopted by the Board of Pilot Commissioners for the Port of Corpus Christi Authority ( Pilot Board ) in accordance with Chapter 70, Texas Transportation Code, are attached hereto as Attachment One; and Whereas, the Pilot Board wishes to amend the Pilotage Rules and Regulations by revising Section V regarding work-rest requirements for pilots and temporarily revising Section VI regarding the combined beam restrictions in vicinity of the ADM Grain Elevator and CITGO Dock #1; and Whereas, notice of the proposed rule changes has been given and posted in accordance with the requirements of Section of the Texas Transportation Code; NOW, THEREFORE, BE IT RESOLVED by the Pilot Board that: Section 1. The Pilot Board hereby amends the Pilotage Rules and Regulations by revising Sections V and VI of the Pilotage Rules and Regulations. Section 2. Pursuant to the power and authority granted to the Pilot Board in Section of the Texas Transportation Code, the Pilot Board hereby amends the Pilotage Rules and Regulations by revising Sections V and VI thereto to read as follows: V WORK-REST REQUIREMENTS FOR PILOTS (Effective July 1, 2017) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24-hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. In the event of an extended channel closure of 12 hours or more in duration, a Pilot s work hours may not exceed 15 total hours in any 24-hour period after the channel is opened. The required rest periods in the previous paragraph still apply Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one half hour after the Pilot 1 25

26 steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 377 COMBINED BEAM RESTRICTION (Effective July 1, 2017) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 1. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 377, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. 2. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). 3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 4. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 377. Section 3. The amendment to Section V of the Pilotage Rules and Regulations shall be effective on July 1, Section 4. The amendment to Section VI of the Pilotage Rules and Regulations shall be temporary revision for a 120-day trial period effective on July 1, IT IS ACCORDINGLY SO ORDERED this 20 th day of June, Presiding Officer of the Pilot Board

27 ATTACHMENT ONE RULES AND REGULATIONS GOVERNING PILOTS AND PILOTAGE ON THE CORPUS CHRISTI SHIP CHANNEL EFFECTIVE AUGUST 1, 2013 AMENDED EFFECTIVE MAY 13, 2014 AMENDED EFFECTIVE OCTOBER 1, 2014 AMENDED EFFECTIVE JANUARY 13, 2015 I GENERAL The Rules and Regulations ( Rules ) contained herein are adopted by the Board of Pilot Commission for the Port of Corpus Christi Authority to carry out the Port of Corpus Christi Pilots Licensing and Regulatory Act, Chapter 70, Texas Transportation Code. For purposes of these Rules, the following definitions apply: CCSC means the Corpus Christi Ship Channel Cut A means the CCSC from Port Aransas to Ingleside. Cut B means the CCSC from Ingleside to the Harbor Bridge. Inner Harbor means the CCSC westward of the Harbor Bridge. Tanker means any Vessel carrying, or designed to carry, liquid cargoes in bulk. Category One Tanker means a Tanker with the following dimensions: Greater than 748 feet ( meters) Length Over All (LOA), and Greater than 120 feet (36.58 meters) Beam (Width), and Greater than 40.9 feet (12.47 meters) Draft. Category Two Tanker means a Tanker with the following dimensions: Greater than 748 feet ( meters) LOA, and either Greater than 120 feet (36.58 meters) Beam, or Greater than 40.9 feet (12.47 meters) Draft. II LIMITATIONS AND RESTRICTIONS Draft Restrictions The Maximum Draft for any Vessel transiting the CCSC will be 45 feet (13.72 meters), and with a positive tide reading. FROM v3 Page 1 of 6 27

28 Combined Beam Restrictions The following Combined Beam Restrictions will apply to all Vessels: Within Cut A, the permissible combined beam for passing Vessels is 265 feet (80.77 meters). Within Cut B, the permissible combined beam for passing Vessels is 215 feet (65.53 meters). Within the Inner Harbor, at the location of the ADM and Citgo Docks, the permissible combined beam for passing Vessels (including combined beam of Vessels berthed at ADM and Citgo Docks) is 357 feet ( meters). Daylight Only Passage Restrictions The following vessels are subject to Daylight Only Passage Restrictions: All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under the Harbor Bridge All Category One Tankers The following applies to all Vessels subject to Daylight Only Passage Restrictions as per these Rules: Inbound Passages are restricted to Pilot boarding no earlier than ½ hour before Sunrise, and no later than the times detailed below for the various locations. Outbound Passages are restricted to Pilot boarding no earlier than Sunrise, and no later than the times detailed below for the various locations. o From Viola Basin - 5 ½ hours before Sunset o From Tule Basin - 5 hours before Sunset o From Chemical Basin - 4 ½ hours before Sunset o From Avery Basin - 4 hours before Sunset o From Main Basin - 3 ½ hours before Sunset o From Ingleside - 2 ½ hours before Sunset One Way Traffic Restrictions The following Vessels will be restricted to One Way Traffic within Cut B: FROM v3 Page 2 of 6 28

29 All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship The following Vessels will be restricted to One Way Traffic within both Cut A and Cut B: All Category One Tankers when transiting at night Two Pilot Requirements The following Vessels are required to retain the services of two Pilots for the transit: All Vessels greater than 900 feet ( meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under Harbor Bridge All Vessels with a beam of greater than 120 feet (36.58 meters), when transiting the Inner Harbor, at the ADM and Citgo Docks, when both docks are occupied All Category One and Two Tankers when transiting at night Additional Requirements All Vessels greater than 1,600 Gross Tons shall have available a functional AIS Pilot Plug. All Aransas Corpus Christ Pilots shall be provided with a Portable Pilot Unit for use during the transit. III VARIANCES Any Vessel subject to Daylight Only Passage Restrictions may transit the CCSC at night, with Two Pilots onboard, subject to the approval of both the Harbor Master and the Aransas Corpus Christi Pilots Association. Any Vessel may be exempted from One Way Traffic Procedures for all (or part) of the transit of the CCSC, subject to the approval of both the Harbor Master and Aransas Corpus Christi Pilot s Association. FROM v3 Page 3 of 6 29

30 Any Vessel exceeding the parameters of these Rules may be subject to various restrictions, including additional pilots, Daylight Only Passage Restrictions, One Way Traffic Procedures, mandatory Tug assistance, or be denied entry. These Rules are based on normal traffic patterns and typical weather/tidal conditions. Variances from these Rules may be imposed at times by Federal, State or local authorities because of weather, prevailing channel conditions, or other reasons. IV DUTIES OF ADDITIONAL PILOTS (Added May 13, 2014) This Section IV applies only when a Vessel transiting the Corpus Christi Ship Channel requires the services of two or more Pilots. The additional Pilot(s) will assist in gaining, maintaining and assessing situational awareness, problem solving, and decision making throughout the transit. This will enable the conning Pilot to not become overloaded such that situational awareness can be maintained at all times allowing the conning Pilot to concentrate on the conduct of the Vessel in the waterway. Only one Pilot will be conning a Vessel at any given time. It will be communicated to the Bridge Team during the Master Pilot Exchange which Pilot will be conning and which Pilot(s) will be assisting. It will be subsequently communicated to the Bridge Team when the conning Pilot and the additional Pilot(s) exchange duties. The additional Pilot(s) will be engaged throughout the transit and may assist any time needed as outlined below: Boarding / Communications with crew: -Assist during Master-Pilot Exchange. -Evaluation of Vessel s navigation equipment. -Review Under Keel Clearance (UKC) issues. -Arrange traffic meeting situations. Transit of waterway: -The additional Pilot(s) may be stationed at different locations on the Vessel to aid with any visibility/deck obstruction issues. -Assess any hazards to the safe navigation of the Vessel. -Monitor position of Vessel in the channel. Docking / Undocking: -Assist during docking, undocking, close quarter situations, and turning. -Positioning of Vessel at berth / liaising with dock personnel. -Coordinate with line handlers. Accident Avoidance and Response: -Replace conning Pilot in case of incapacitation. -Handle communications with authorities. FROM v3 Page 4 of 6 30

31 -Coordinate damage control and spill mitigation. -Coordinate tug assist. V WORK-REST REQUIREMENTS FOR PILOTS (Effective October 1, 2014) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24- hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 357 COMBINED BEAM RESTRICTION (Added January 13, 2015) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 6. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 357, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. FROM v3 7. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). Page 5 of 6 31

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