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Oregon Bulletin

February 1, 2012

 

Public Utility Commission,
Board of Maritime Pilots
Chapter 856

Rule Caption: Expands the number of qualifying continuing professional development courses and adds safety training.

Adm. Order No.: BMP 7-2011

Filed with Sec. of State: 12-29-2011

Certified to be Effective: 12-30-11

Notice Publication Date: 12-1-2011

Rules Adopted: 856-010-0027

Rules Amended: 856-010-0015

Subject: Continuing professional development (CPD) requirements were first adopted in 2000 and were changes effective April 27, 2010. The original CPD requirements were deleted from the Renewal of License rules and incorporated into a new rules as an expanded list of approved topics from which licensees can choose to comply with requirements for annual license renewals. By correspondence of October 11, 2011, Legislative Council advised that the Board failed to submit a copy of the adopted rules within the 10-day period as required by ORS 183.71591). The previous rulemaking is being re-noticed to comply.

Rules Coordinator: Susan Johnson—(971) 673-1530

856-010-0015

Renewal of License

(1) Application for renewal of license shall be made on a form provided by the board, signed by the applicant, accompanied by the physical examination form provided by the board and presented to the administrator of the board at least thirty (30) days prior to expiration of license.

(2) All state-licensed pilots shall be required to have an annual physical examination by an Oregon or Washington licensed physician within ninety (90) days prior to expiration of their license, the physical requirements for which are the same as for the original license as specified in OAR 856-010-0010(2), except for drug testing.

(3) All state-licensed pilots shall, within six months prior to the expiration of their license, submit to a test indicating licensee is free of illegal substance abuse. Testing will be for the presence of Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16 (2009). Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA); or provide proof to the board that licensee is participating in a US Coast Guard approved random drug testing program;

(4) All applicants for renewal of licenses shall submit a photocopy of their currently applicable United States government license with radar endorsement issued by the United States Coast Guard.

(5) All applicants for renewal of unlimited licenses shall provide certification of meeting the continuing professional development requirements specified in OAR 856-010-0027. Unless waived as provided below in this paragraph, failure to comply with all requirements for renewal of license shall constitute the failure to submit a complete application for renewal and will result in the withholding of the renewal license. A pilot who is unable to complete the requirements within the time allowed due to unexpected, emergency circumstances may request in writing a waiver and the Board may, upon good cause shown, permit a license renewal for one year without the requirements being met, provided that all required certifications must be made by the applicant at the time application for renewal is made the following year.

(6) Each license issued is valid for one year and only the unlimited state license may be renewed.

(7) Notwithstanding subsection (4) of this section, if a pilot has submitted an application for renewal of the pilot’s federal license at least 60 days prior to the expiration date of his federal license, but the United States Coast Guard has not completed its renewal process by the expiration date for the federal license and the pilot has, for that reason, no currently applicable federal license at the time of renewing his state license, then the board may issue a provisionally renewed state license. Any pilot to whom a provisionally renewed state license is issued must report to the board every 30 days regarding the status of the pilot’s federal license renewal. If the United States Coast Guard completes its processing for the federal license but declines to renew the federal license, the board may treat the refusal to renew the federal license as a suspension or revocation of the federal license.

Stat. Auth.: ORS 776, 670

Stats. Implemented: ORS 776.115, 670.310

Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1995, f. & cert. ef. 5-9-96; BMOP 1-2000, f. & cert. ef. 12-6-00; BMP 4-2006, f. 9-28-06, cert. ef. 10-6-06; BMP 1-2007, f. 1-25-07, cert. ef. 1-26-07; BMP 4-2008, f. & cert. ef. 1-24-08; BMP 1-2009(Temp), f. & cert. ef. 2-10-09 thru 8-7-09; Administrative correction 8-21-09; BMP 5-2009, f. & cert. ef. 8-24-09; BMP 1-2010, f. & cert. ef. 4-27-10; BMP 1-2011, f. 6-28-11, cert. ef. 6-29-11; BMP 7-2011, f. 12-29-11, cert. ef. 12-30-11

856-010-0027

Continuing Professional Development & Safety Training

(1) All applications for renewal of an unlimited license after January 1, 2012 shall, within the sixty-three (63) months preceding the expiration date of their license, complete of a minimum of 10 days of continuing professional development training, as provided in paragraphs (a) and (b) below.

(a) Each pilot shall satisfactorily complete a five (5) day manned model course at a Board approved manned model facility.

(b) Each pilot shall satisfactorily complete an additional five (5) days of course work, at least one day of which must be Bridge Resources Management for Pilots. All courses must be conducted at an accredited college, maritime academy, U.S. Coast Guard approved training facility or conducted by an expert in a field related to the subject matter of the course. All courses must cover one or more subject matter topics approved by the Board in advance of the course being taken. The Board shall maintain a list of approved topics, which may include, but are not limited to:

(A) Emergency Shiphandling for Pilots

(B) Advanced Electronic Navigation Systems

(C) Azipod Controls and Operations with Azipods

(D) Fatigue, Sleep and Medications for Pilots

(E) Legal Aspects of Pilotage, including State Statutes and Regulations for Pilots

(F) Maritime Domain Awareness and Security for Pilots

(G) Crisis Management and Media Response

(H) Pilot Self-Assessment Simulation

(I) Advanced Shiphandling Simulation

(J) Operation with Tugs for Pilots

(K) Radar Observer (credit limited to one day per reporting period)

(L) Bridge Resources Management for Pilots

(M) Train the Trainer

(2) In addition to satisfying the requirements set forth above, each pilot holding an unlimited license shall complete a minimum of one day of personal safety training during the 12-month period preceding the expiration date of their license. The Board shall maintain a list of pre-approved training, which may include, but are not limited to:

(a) CPR.

(b) Man Overboard (MOB).

(c) Cold Water Survival.

(d) Helicopter Dunker.

(e) Pilot Boat Drills.

(f) Rescue Systems.

(g) STCW — Basic Safety Training.

(3) Each pilot shall, within 30 days after completing any training course required by paragraphs (1)(a) or (1)(b) above, submit to the Board an evaluation of the course, on a form provided by the Board. The requirement to provide a course evaluation goes into effect immediately upon the adoption of this rule.

Stat. Auth.: ORS 776 & 670

Stats. Implemented: ORS 776.115 & 670.310

Hist.: BMP 1-2010, f. & cert. ef. 4-27-10; BMP 7-2011, f. 12-29-11, cert. ef. 12-30-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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