reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 14.00 - The Siting Agreement › Section 14.02 - Council Approval of a Siting Agreement

Current through Register 1525, July 5, 2024
(1) Within 30 days of receipt of a siting agreement, whether executed by negotiation between a developer and a local assessment committee pursuantto 990 CMR 11.00 or established by arbitration pursuant to 990 CMR 13.00, the Council shall approve said agreement unless it finds that it does not comply with the procedural requirements of 990 CMR 11.00 or 13.00 or with the provisions of M.G.L. c. 21D.
(2) If the Council finds for any reason that the agreement does not comply with these requirements, the Council shall return said agreement along with a statement of reasons supporting its finding to:
(a) the developer and the localassessment committee, in the case of a siting agreement executed by negotiations; or
(b) to the single arbitrator or chairman of the arbitration panel, in the case of a siting agreement established by arbitration.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 14.00 - The Siting Agreement › Section 14.03 - Council Declaration of Operative Siting Agreement

Current through Register 1525, July 5, 2024
(1) Within 30 days of the determination by the Council that the Final Socio-Economic Appendix is adequate, the Councilshalldeclare that a siting agreement, approved pursuant to 990 CMR 14.02, is operative. In no case, however, shall the Council declare the Siting Agreement to be operative until it has received the fee(s) required pursuant to 990 CMR 16.02(2).
(2) Such declaration that a siting agreement is operative and is to be given full force and effort shall establish the siting agreement as binding upon both parties. Notice of such declaration shall be given in writing to the following persons:
(a) Director, Bureau of Solid Waste Disposal, Department of Environmental Management;
(b) Director, Division of Hazardous Waste, Department of Environmental Protection;
(c) the developer;
(d) the local assessment committee; and
(e) the chief executive officer of the host communityand ofeachabuttingcommunity affected by the agreement.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 15.00 - Eminent Domain › Section 15.01 - Application

Current through Register 1525, July 5, 2024
A developer may petition the Department to exercise its eminent domain authority pursuant to M.G.L.c.21Donlyif:
(1) all permits, licenses and approvals required by law have been obtained by the developer;
(2) a siting agreement has been declared operative by the Council;
(3) the developer makes a showing, satisfactory to the Department, that a good faith attemptto obtain clear title to all or a portion of the site by purchase or lease has been unsuccessful.
Suchpetitionshallbe submitted in writingto the Director ofthe Bureau of Solid Waste, Department of Environmental Management.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 15.00 - Eminent Domain › Section 15.02 - Notice

Current through Register 1525, July 5, 2024
Within 14 days of receipt of a petition pursuant to 990 CMR 15.01, the Department shall notify the following persons of the time and place of a public hearing to be held on said petition:
(1) the developer;
(2) the local assessment committee;
(3) the city council, board of alderman or board of selectmen ofthe community in which the land is located;
(4) the site owner;
(5) the Council; and
(6) local and regional media. TheDepartmentshallalsorequestpublicationofnoticeofthehearingintheEnvironmentalMonitor.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 15.00 - Eminent Domain › Section 15.03 - Hearing

Current through Register 1525, July 5, 2024
Notlaterthan45daysafterreceiptofapetitionpursuantto 990CMR 15.01,theDepartmentshall conduct a public hearing thereon.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 15.00 - Eminent Domain › Section 15.04 - Approval by the host community

Current through Register 1525, July 5, 2024
If, after notice and hearing, the Department determines that the developer has shown that he has made a good faith but unsuccessful attempt to acquire all or a portion ofthe proposed site by purchase or lease, the Department shall request approval ofthe exercise of its eminent domain authority by majority vote ofthe city council, board ofaldermenorboard of selectmen ofthe community in which the land is located. If such approval is given, the Department shall exercise its eminent domain authority as provided in M.G.L. c. 21D, § 17. Upon acquiring title to the proposed site, the department shall lease it to the developer, and may subsequently dispose of it pursuant to the provisions of M.G.L. c. 21D, § 17.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 16.00 - Developer Siting Fees (m.g.l. C. 21d, Section 4) › Section 16.01 - Application

Current through Register 1525, July 5, 2024
990 CMR 16.01 shall apply to a developer who proposes to constructanewfacility or to expand an existing facility where such activities are subject to M.G.L. c. 21D and 990 CMR 16.00.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 16.00 - Developer Siting Fees (m.g.l. C. 21d, Section 4) › Section 16.02 - Procedure

Current through Register 1525, July 5, 2024
The developer shall deposit with the Council a certified check payable to the Commonwealth of Massachusetts at the times and in the amounts stated below
(1)
Submission of Notice of Intent
. Atthe time of submission of a Notice of Intent, pursuant to 990 CMR 4.00, the following fee or fees shall be paid:
Total Project Construction Cost
Fee
(a)
less than or equal to $1,000,000
$600
(b)
greater than $1,000,000 but less than $25,000,00
5,000
(c)
greater than or equal to $25,000,000
10,000
(d)
hazardous waste landfill representing more than 20% of total project construction cost
10,000 in addition to payment required under 990 CMR 16.00(1)(a), (b) or (c)
In the event that the developer has submitted aNotice of Intent prior to July 15, 1983, the fee(s) payable at the time of submission of aNotice ofIntent shallbe paid by September 15, 1983. Failure to submit the fee(s) by September 15, 1983, shall result in automatic rescission of the determination that the proposed project is feasible and deserving of state assistance.
(2)
Final Socio-Economic Appendix
. Within 30 days of Council determination that the Final Socio-Economic Appendix is adequate, pursuant to 990CMR 10.03(5),thefollowingfee or fees shall be paid:
Total Project Construction Cost
Fee
(a)
less than or equal to $1,000,000
$5,400
(b)
greater than $1,000,000 but less than $25,000,000
45,000
(c)
greater than or equal to $25,000,000
90,000
(d)
hazardous waste landfill representing more than 20% of total project constructioncost
90,000 in addition to payment required under 990 CMR 16.02(2)(a),(b),or(c)
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 16.00 - Developer Siting Fees (m.g.l. C. 21d, Section 4) › Section 16.03 - Determination of Fee(s) Required

Current through Register 1525, July 5, 2024
The payment(s) made along with the Submission ofthe Notice ofIntent shallbe based on the initial estimated construction cost ofthe facility. The payment(s) made subsequent to Council determination that the Final Socio-Economic Appendix is adequate shall be determined by the facility's construction cost, incorporatingtherequirementsimposed onthe facility's designby the negotiated siting agreement. In determining the fee(s), the Council shall also take into account the cost imposed by the draft facility permit issued by the Department of Environmental Quality Engineering, pursuant to M.G.L. c. 21C, if such a draft permit has been issued.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								995
			 CMR 2.00 is intended to promote the safety of
			 navigation in Massachusetts Pilot District One, avoid interruption to
			 navigation within the region, and to prevent damage to the environment and
			 other coastal resources.
(2) The
			 Commissioners shall exercise all authority as provided in M.G.L. c.
			 103.
(3) The Commissioners are
			 appointed by the Governor, with the advice and consent of the Governor's
			 Council and upon the recommendation, if a recommendation is made, of the
			 Trustees of the Boston Marine Society.
(4)
								995
			 CMR 2.00 is approved by the Trustees of the Boston
			 Marine Society.
(5)
								995
			 CMR 2.00 applies to and is binding upon persons who
			 are authorized to and who actually perform pilotage services upon the waters of
			 District One under M.G.L. c. 103.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.03 - Duties of Commissioners of Pilots for District One

Current through Register 1525, July 5, 2024
(1) The Commissioners are empowered by
			 statute to formulate rules and regulations for pilotage, to grant Commissions
			 as Pilots for District One, or for locations within District One, to determine
			 the competency of Pilots, to suspend Pilots, and to revoke
			 Commissions.
(2) The Commissioners
			 are required to enforce the laws and regulations for pilotage within District
			 One and to receive, hear and determine complaints by and against Pilots for
			 District One.
(3) The Commissioners
			 must obtain the approval by the Trustees of the Boston Marine Society of any
			 person to whom the Commissioners propose the grant of a Commission.
(4) The Commissioners may suspend any Pilot
			 for misconduct, carelessness or neglect of duty as they deem appropriate. Any
			 such suspension shall remain effective until the next meeting of the Trustees
			 of the Boston Marine Society and The Commissioners may thereafter continue such
			 suspension until the close of the next scheduled meeting of the Trustees of the
			 Boston Marine Society.
(5) The
			 Commissioners may revoke the Commission of any Pilot if the Trustees of the
			 Boston Marine Society decide at either meeting mentioned in 995 CMR 2.03(4)
			 that said Commission should be revoked. Any such revocation must occur prior to
			 any reversal of such decision by the Trustees of the Boston Marine
			 Society.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.04 - Public Information and Access

Current through Register 1525, July 5, 2024
(1) The
			 Commissioners shall meet as often as necessary to conduct the business of the
			 Commissioners. There must be at least two meetings of the Commissioners in each
			 calendar year.
(2) Meetings may be
			 called by either Commissioner and shall be held at the Office of the
			 Commissioners, unless the Commissioners agree and decide to hold such meetings
			 at another location.
(3) A special
			 meeting of the Commissioners may be called by either Commissioner upon 24 hours
			 notice, given to the other Commissioner by letter, fax, email, or by telephone
			 in an emergency. A special meeting of the Commissioners may be held without
			 notice or with less than 24 hours notice in the event that the Commissioners
			 both attend and agree that circumstances require such a meeting.
(4) Any Pilot, when notified by letter, fax,
			 email, or in an emergency by telephone, shall report in person to the
			 Commissioners at the office of the Commissioners or other agreed meeting place
			 unless otherwise engaged in pilot duties or unable to attend due to
			 illness.
(5) All meetings of the
			 Commissioners shall be open to the public and any person shall be allowed to
			 attend any such meeting except for meetings or portions of meetings which the
			 Commissioners agree must be held in executive sessions and which Massachusetts
			 law permits to be held in executive session.
(6) Notices of meetings will be posted at:
www.masspilotage.com
.
(7) Prior to the adoption, amendment or
			 repeal of any rules or regulations, the Commissioner shall:
(a) obtain the written approval of the
			 Trustees of the Boston Marine Society to such adoption, amendment or repeal;
			 and
(b) furnish not less than a
			 21-day notice to the public of the proposed action.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.05 - Number of Commissions

Current through Register 1525, July 5, 2024
(1) The
			 Commissioners may periodically determine if there is need for an additional
			 state Commissioned Pilot for District One or for any special location within
			 the district. The Commissioners may request advice from the existing
			 Commissioned Pilots and may obtain advice and information from any other source
			 prior to making a determination with respect to such need.
(2) The Commissioners' decision will be made
			 after consideration of the various factors pertaining to such need, which will
			 include, but not be limited to, supply and demand for pilotage services, safety
			 and efficiency in furnishing pilotage services, and the interest of the public
			 and the maritime industry in having available a reasonable number of
			 experienced, professional and efficient Pilots.
(3) When the Commissioners decide to change
			 the number of commissions, they will inform the Trustees of the Boston Marine
			 Society and the President of the Boston Pilots.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.06 - Types of Commissions

Current through Register 1525, July 5, 2024
(1) The
			 Commissioners will grant Commissions of the following two types:
(a) Warrant Pilot Commission; and
(b) Full Branch Pilot Commission.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.07 - Applicants for Pilot Candidate Training

Current through Register 1525, July 5, 2024
(1) Mariners seeking a commission as a state
			 pilot may contact the Commissioner through the Pilot Commissioner's website
			 (
http://www.masspilotage.com
)
			 or email PilotCommissioners1@comcast.net.
(2) The Commissioners will consider, and will
			 interview and examine only those applicants for Pilot Candidate Training who
			 have:
(a) filed a written application with the
			 Commissioners in the form annexed hereto as Exhibit B (as incorporated by
			 reference in
			 995
			 CMR 2.00, with an original at the offices of the Pilot
			 Commissioners: District One) duly completed and signed;
(b) furnished documentary proof that they are
			 21 years of age or older;
(c)
			 furnished documentary proof that they are citizens of the United States of
			 America;
(d) furnished documentary
			 proof of having successfully completed 12 years of formal education or the
			 equivalent satisfactory to the Commissioners;
(e) proved to the satisfaction of the
			 Commissioners that they are fluent in the English language;
(f) obtained a physical examination that
			 meets the license requirements of the U.S. Coast Guard by a medical
			 practitioner licensed and qualified to practice so as to demonstrate good
			 physical and mental health, dated within one year of submission of application.
			 Note: form annexed hereto as Exhibit D, U.S. Department of Homeland
			 Security/U.S. Coast Guard/CG-719K (or current revision, as incorporated
			 reference);
(g) proved to the
			 satisfaction of the Commissioners that the candidate is in permissible medical
			 and mental health as evidenced by the requirements outlined in USCG Form
			 719K;
(h) furnished documentary
			 proof that they have satisfactory maritime experience as required by
			 995 CMR
			 2.10;
(i) furnished documentary proof that they
			 hold current and unrestricted Merchant Marine Credential as required by
			 995 CMR
			 2.12(1);
(j) made payment of an application fee in the
			 amount of $500.00 payable to the Commissioners; applications rejected upon
			 filing will have application fee money returned minus a $100 nonrefundable
			 administrative fee;
(k) all
			 candidates will be subject to Criminal Offender Record Information (CORI)
			 screening in accordance with
			 803 CMR 2.00:
Criminal
			 Offender Record Information (CORI),
and potential additional
			 background checks as deemed appropriate by Commissioners. These additional
			 checks may include Marine Index Bureau and/or other formal background
			 checks.
(l) provide current proof
			 of residency of at least six months in the Commonwealth of Massachusetts
			 immediately prior to filing of application.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.08 - Applicants for Warrant Pilot Commission

Current through Register 1525, July 5, 2024
(1) The Commissioners will consider, and will
			 interview and examine, only those applicants for a Commission of Warrant Pilot
			 who:
(a) is a citizen of the United
			 States;
(b) is 21 years of age or
			 older;
(c) have completed 12 years
			 of formal education or the equivalent satisfactory to the
			 Commissioners;
(d) is fluent in the
			 English language;
(e) is physically
			 and mentally fit for pilotage service;
(f) furnish documentary proof that they hold
			 current and unrestricted Merchant Mariner Credential as required by
			 995 CMR
			 2.12;
(g) has documented pilot service or prior
			 maritime service or has suitable veterans sea time as required by
			 995 CMR
			 2.10;
(h) furnished documentary proof that they
			 have satisfactorily completed Candidate Training as required by
			 995 CMR
			 2.17;
(i) furnish to the Commissioners written
			 evidence that they have:
1. satisfactorily
			 completed at least one year of service as a trainee with the Boston Pilots as
			 required by
			 995 CMR
			 2.17; and
2. have received written reports of
			 performance as a trainee from at least 75% of the then Commissioned Pilots in
			 District One certifying that they have observed said trainee, have assisted in
			 training said trainee, and have a professional belief that said trainee is
			 competent, professional and suited by training and temperament to furnish
			 prompt and safe Pilotage Services; and
(j) furnish to the Commissioners the Trainee
			 Evaluation Cards as indicated in
			 995 CMR
			 2.17(2)(e).
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.09 - Applicants for Full Branch Pilot Commission

Current through Register 1525, July 5, 2024
(1) The Commissioners will consider, and will
			 interview and examine, only those applicants for a Commission of Full Branch
			 Pilot who have:
(a) filed a signed letter
			 requesting a Full Branch Commission specifying the area required with the
			 Secretary of the Commissioners;
(b)
			 furnished satisfactory proof that they remain in compliance with the
			 requirements of 995 CMR 2.0(1)(b) through (k);
(c) satisfactorily completed at least 250
			 days of service as a Warrant Pilot with the Boston Pilots;
(d) satisfied the Commissioners that they
			 remain competent, professional and suited by training and temperament to
			 furnish prompt and safe Pilotage Services;
(e) furnished their Trainee Evaluation Card
			 as required by
			 995 CMR
			 2.17(2)(e); and
(f) furnished documentary proof that they are
			 citizens of the United States of America and residents of the Commonwealth of
			 Massachusetts.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.10 - Prior Maritime Experience

Current through Register 1525, July 5, 2024
(1)
			 Satisfactory maritime experience must be, in the case of an applicant for a
			 Warrant Pilot Commission, either Merchant Marine experience or Pilot experience
			 as set forth in 995 CMR 2.10.
(2)
			 Merchant Marine experience must be:
(a) At
			 least two years of service at sea during the five-year period immediately
			 preceding the date of original application for which such Commission is
			 made;
(b) During such two-year
			 period, at least one year shall have been served aboard U.S. documented vessels
			 over 1600 gross tons in the capacity as either:
1. Master while holding a Master of ocean or
			 near-coastal self-propelled vessels of unlimited tonnage Merchant Mariner
			 Credential issued by the U.S. Coast Guard; or
2. Chief Mate while a Master of ocean or
			 near-coastal self-propelled vessels of unlimited tonnage Merchant Mariner
			 Credential issued by the U.S. Coast Guard.
(c) One year of service at sea shall mean 180
			 days service on an operating commercial merchant vessel documented or
			 registered under the laws of the United States or owned by the United States
			 Government;
(d) Service at sea on a
			 foreign flag vessel may, in the sole discretion of the Commissioners, be
			 determined after appropriate inquiry and receipt of documentary evidence, be
			 treated as equivalent to service on a vessel documented under the laws of the
			 United States;
(e) The
			 Commissioners shall make an interpretation of sea service for merchant vessels
			 in Reduced Operating Status (ROS) and Mobile Offshore Drilling Units (MODUs) in
			 accordance with
			 46
			 CFR §
										10.232 and relevant U.S. Coast
			 Guard policy, but no more than ½ a day for every day of
			 service;
(f) All service at sea
			 shall be evidenced by duly authenticated discharges, service books, or other
			 official documents. The originals shall be exhibited to the Commissioners and
			 copies delivered to the Commissioners;
(g) Any document not in the English language
			 shall be accompanied by a translation by a certified translator; and
(h) In the event that the applicant certifies
			 in writing under oath that any original documents have been lost or otherwise
			 are not available, the Commissioners in their sole discretion may accept
			 substitutes or an affidavit by the applicant under oath; and
(i) Any sea time acquired during the pilot
			 training program may be acceptable as satisfactory maritime experience used
			 toward the experience requirement.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.11 - Examination

Current through Register 1525, July 5, 2024
(1) Each applicant for a Warrant Pilot
			 Commission must attend an examination, oral and written, conducted by the
			 Commissioners.
(2) The examination
			 will pertain to the management and navigation of vessels, federal and state
			 pilotage, knowledge of channels, waters, harbors, ports, currents, courses,
			 distances, equipment, aids, weather, laws, regulations, practices and
			 procedures.
(3) The examination
			 will require specific and detailed knowledge of the following:
(a) International and Inland Rules of the
			 Road;
(b) relevant statutes and
			 regulations of the United States and of the Commonwealth of Massachusetts and
			 of the cities and towns within District One; and
(c) relevant statutes, regulations, and
			 procedures imposed upon the waters and port by federal and state agencies,
			 including, but not limited to: the U.S. Coast Guard, the National Geodetic
			 Survey, National Oceanic and Atmospheric Administration, U.S. Environmental
			 Protection Agency, the Massachusetts Department of Environmental Protection,
			 and the U.S. Army Corps of Engineers having effect within District
			 One.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.12 - Licenses and Certificates

Current through Register 1525, July 5, 2024
(1) An
			 individual who holds a Warrant Pilot Commission or a Full Branch Pilot
			 Commission, must at all times, and as a condition to continued right to hold
			 said Commission, possess the following duly issued, current and valid licenses
			 and documents:
(a) Master of ocean or
			 near-coastal self-propelled vessels of unlimited tonnage Merchant Mariner
			 Credential issued by the U.S. Coast Guard;
(b) Valid Medical Certificate issued by the
			 U.S. Coast Guard
(e.g.
CG-4610A (Medical Certificate
			 wallet-sized card)).
(c) Radar
			 Observer endorsement issued by the U.S. Coast Guard;
(d) Unlimited First Class Pilot's endorsement
			 issued by the U.S. Coast Guard for routes and areas within District One
			 encompassed within the relevant Commission; and
(e) Valid Transportation Workers
			 Identification Credential (TWIC).
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.14 - Commissions

Current through Register 1525, July 5, 2024
(1) Each Commission shall clearly state the
			 full name of the individual holder of the Commission, the type of Commission
			 issued (Warrant Pilot, Full Branch Pilot), any and all restrictions on the
			 pilotage services which are allowed to be performed by the holder, and the date
			 of issuance and the date of expiration of said Commission.
(2) Each Commission shall be signed by each
			 Commissioner then in office when the Commission is issued.
(3) Each Commission shall be valid for five
			 years from the date of issue and shall thereafter be renewable by the
			 Commissioners on each fifth year anniversary date for an additional five-year
			 period, provided that the individual holding said commission has satisfactorily
			 completed the requirements of 995 CMR 2.14(4).
(4) During each five years term of
			 commission, the Pilots are required to successfully complete appropriate
			 training when available in at least two of each of the following skills, in
			 rotation, so all will be completed each ten years:
(a) Bridge Resource Management, (or a
			 refresher training if previously taken);
(b) Ship Handling on a Bridge Simulation
			 (preferably with programs of harbors in District One), or Ship Handling Using
			 Manned Models (preferably of vessels of the type calling at harbors in District
			 One);
(c) ECDIS for Pilots, (or a
			 refresher training if previously taken);
(d) Portable Pilot Unit (PPU) training;
			 and
(e) any other course the
			 Commissioners believe requires additional training on new technology.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.15 - Restrictions on Commissions

Current through Register 1525, July 5, 2024
(1) All
			 Commissions for Warrant Pilot shall contain a restriction prohibiting the
			 holder from performing pilotage services on vessels exceeding the following
			 criteria:
During Time Period after Date of
							 Commission
Maximum Salt Water
							 Draft
Maximum Length
first three months
8.6 meters
200 meters
second three months
9.8 meters
215 meters
final six months
11.0 meters
230 meters
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.16 - Duties of Pilots

Current through Register 1525, July 5, 2024
(1) Pilots must, at
			 all times, perform their duties in a professional and workmanlike manner,
			 exercising reasonable care under the circumstances, attentive and faithful to
			 their duties, and exercising unimpaired judgment.
(2) Each Pilot will be liable for all damages
			 accruing from their negligence, unskillfulness, unfaithfulness or
			 misconduct.
(3) Each Pilot must, at
			 all times while on duty, have on their person either their original Commission
			 or a copy of said Commission.
(4)
			 Each Pilot, immediately upon boarding any vessel upon which they are to perform
			 pilotage services, must:
(a) inform the Master
			 and any person in charge of the navigation of such vessel of any restriction in
			 said Pilot's Commission; and
(b)
			 exhibit their Commission to said Master if requested by said Master.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.17 - Candidate Training Program

Current through Register 1525, July 5, 2024
(1)
(a) The term of candidate training for every
			 trainee shall be a minimum of one year.
(b) While serving as trainee, the individual
			 must:
1. on a regular basis working a normal
			 work week, ride vessels with at least majority of the then Commissioned Pilots,
			 on every route, and during ebb and flood tides, day and night, in various
			 weather conditions, on various sizes and types of vessels, all to the extent
			 feasible and consistent with the prevalent trade patterns in the port of Boston
			 and vicinity. Trainee to keep log of such particulars as required in 995 CMR
			 2.17(2)(a) and submit to Commissioners upon request.
2. satisfactorily complete at least 120 round
			 trips between Boston inner harbor and a point beyond the Graves;
3. satisfactorily complete at least 40 round
			 trips to and from the area of Braintree, Hingham, Hull, Lynn, Quincy, Saugus
			 and Weymouth.
4. satisfactorily
			 complete at least 12 round trips to and from the area of Lynn and Saugus. These
			 requirements may be made on the pilot boat in simulation of an actual
			 passage;
5. for each transit,
			 pilots are required to fill out a Trainee Evaluation Card. Cards to be retained
			 by trainee and submitted to Commissioners on a monthly basis with a copy to be
			 retained in the Pilot Office.
(c) During each vessel movement to which a
			 trainee pilot is assigned, the Commissioned Pilot will be required, in addition
			 to other normal pilotage duties, to assist the trainee pilot in observation,
			 learning, and discipline and to teach skills and furnish information relevant
			 to pilotage.
(d) Each Commissioned
			 Pilot is required:
1. to observe each trainee
			 during training voyages; and
2. to
			 report to the Commissioners in writing at the conclusion of each six-month
			 period of training the progress of said trainee and the potential of said
			 trainee to become a fully Commissioned Pilot.
(e) Each trainee may be terminated from that
			 status in the event that:
1. the trainee fails
			 to satisfy physical or mental health requirements for a federal license or for
			 a Commission; or
2. the trainee
			 fails to obtain the requisite reports from Commissioned Pilots evidencing skill
			 and potential to be a fully Commissioned Pilot which are satisfactory to the
			 Commissioners.
(f) Upon
			 successful conclusion of the required term as a trainee, a trainee shall be
			 considered qualified to file application as a candidate for a Warrant Pilot
			 Commission. As a trainee approaches the conclusion of their minimum one year
			 training, they will be examined by the Pilot Commissioners and obtain the
			 approval of the Boston Marine Society Trustees, in order that they can receive
			 their Warrant Commission and begin work promptly. This is contingent upon
			 receiving the final report required by
			 995 CMR
			 2.08(1)(i)  and fully
			 competing their minimum one year training.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.18 - Pilot Organization

Current through Register 1525, July 5, 2024
(1) The Pilots
			 for District One, acting jointly, will be known as the "Boston Pilots" (or by
			 the name of their business organization, namely "Boston Harbor Pilots
			 Association", LLC or by the abbreviation thereof, namely "BHPA" and shall
			 maintain a business office at a location near Boston Harbor for the sole
			 purpose of operating the business of pilotage within District One.
(2) The office of the Boston Pilot's will be
			 staffed, or a Pilot dispatcher should be available by telephone, on a 24-hour
			 basis on every calendar day.
(3)
			 The Boston Pilots will ensure that each Pilot shall remain in reasonable
			 contact with the Pilot office to ensure that pilotage services will at all
			 times be available and that vessels will not suffer unreasonable delays because
			 of lack or unavailability of Pilots.
(4) The Boston Pilots are responsible to
			 ensure that there is available for use by individual Pilots when boarding or
			 departing vessels a suitable Pilot boat, which has been and is designed,
			 equipped, maintained and manned satisfactorily for use as a Pilot boat and
			 which is in all respects at all times fit for its intended purpose and safe and
			 seaworthy.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.19 - Pilot Boats

Current through Register 1525, July 5, 2024
(1) Any boat used by
			 a Pilot for boarding or departing vessels must:
(a) have the word "PILOT" printed on its
			 house or hull in a conspicuous manner;
(b) fly the appropriate flags and carry the
			 appropriate lights and symbols as required by the International or Inland Rules
			 of the Road as applicable;
(c) be
			 equipped to communicate on all relevant and usual radio channels and be
			 equipped to use any other communication method common and usual in the
			 industry;
(d) be equipped to
			 continuously guard all normal distress and emergency communication
			 channels;
(e) have on board all
			 required lifesaving, safety and emergency gear and equipment in good working
			 order and condition; and
(f) have
			 and maintain a Log Book in which it is required to record, in addition to the
			 usual information recorded in a vessel's log:
1. the names of all Pilots and crew boarding
			 or leaving the boat and the times of such actions;
2. the direction and force of wind, sea
			 conditions and weather observations on a periodic basis; and
3. any unusual events or
			 occurrence.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.20 - Pilot Boarding Area

Current through Register 1525, July 5, 2024
(1) The normal
			 and usual boarding area for any boat with the marking "PILOT" and used by
			 Pilots for boarding and departing vessels shall at all times, weather
			 permitting, is any point within the precautionary area, which is established
			 with a radius of 6.17 miles centered upon geographical position 42°22.71'N,
			 70°46.97'W.
(2) The "Boston
			 Pilots" shall ensure that such location, to be known as the "Pilot Boarding
			 Area," is published in the
U.S. Coast Pilot
and similar
			 publications of general use within the maritime industry and is known to all
			 vessel agents and other interested parties in the vicinity of District
			 One.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.22 - Miscellaneous

Current through Register 1525, July 5, 2024
(1)
Leave of
			 Absence
.
(a) Each Pilot must
			 perform a reasonable and equitable share of pilotage duties at all times except
			 when on scheduled vacation or when unable to do so because of temporary
			 illness. Any Pilot refusing or failing to perform a reasonable and equitable
			 share of pilotage duties may have said Pilot's Commission suspended or
			 revoked.
(b) Any Pilot desiring a
			 leave of absence or permission to remain away from pilotage duties for more
			 than 30 days must file a written application with the Commissioners for
			 permission. Said application must specify the length of such requested leave
			 and must state the reasons for the request. The Commissioners may grant or
			 reject the request after consideration of all the current facts, but primarily
			 the factors set forth in
			 995 CMR
			 2.05(2).
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 2.00 - Pilotage Within District One › Section 2.23 - Emergency Waiver

Current through Register 1525, July 5, 2024
In an emergency, the Commissioners, by unanimous vote and
				approval of the majority of the Trustees of the Boston Marine Society, may
				waive any of the foregoing requirements for issuance of a Pilot
				Commission.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								995 CMR
			 3.00 is intended to promote the safety of navigation
			 in Massachusetts Pilot District Two, avoid interruption to navigation within
			 the region, and to prevent damage to the environment and other coastal
			 resources.
(2) The Commissioner
			 shall exercise all authority as provided in M.G.L. c. 103.
(3) The Commissioner is appointed by the
			 Governor, with the advice and consent of the Governor's Council and upon the
			 recommendation, if a recommendation is made, of the Trustees of the Boston
			 Marine Society.
(4)
								995 CMR
			 3.00 is approved by the Trustees of the Boston Marine
			 Society.
(5)
								995 CMR
			 3.00 applies to and is binding upon persons who are
			 authorized to and who actually perform pilotage services upon the waters of
			 District Two under M.G.L. c. 103.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.03 - Duties of Commissioner of Pilots for District Two

Current through Register 1525, July 5, 2024
(1) The Commissioner is empowered by statute
			 to formulate rules and regulations for pilotage, to grant Commissions as Pilots
			 for District Two, or for locations within District Two, to determine the
			 competency of Pilots, to suspend Pilots, and to revoke Commissions.
(2) The Commissioner is required to enforce
			 the laws and regulations for pilotage within District Two and to receive, hear
			 and determine complaints by and against Pilots for District Two.
(3) The Commissioner may suspend any Pilot
			 for misconduct, carelessness or neglect of duty as they deem appropriate. Any
			 such suspension shall remain effective until the next meeting of the Trustees
			 of the Boston Marine Society and The Commissioner may thereafter continue such
			 suspension until the close of the next scheduled meeting of the Trustees of the
			 Boston Marine Society.
(4) The
			 Commissioner may revoke the Commission of any Pilot if the Trustees of the
			 Boston Marine Society decide at either meeting mentioned in
			 995
			 CMR 3.03(4)  that said
			 Commission should be revoked. Any such revocation must occur prior to any
			 reversal of such decision by the Trustees of the Boston Marine
			 Society.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.04 - Public Information and Access

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner will meet as often as necessary to conduct the business of the
			 Commissioner. There must be at least two meetings of the Commissioner in each
			 calendar year.
(2) Meetings may be
			 called by the Commissioner and shall be held at the Office of the Commissioner,
			 unless the Commissioner decides to hold such meetings at another
			 location.
(3) Any Pilot, when
			 notified by letter, fax, email, or in an emergency by telephone, shall report
			 in person to the Commissioner at the office of the Commissioner or other agreed
			 meeting place unless otherwise engaged in pilot duties or unable to attend due
			 to illness.
(4) All meetings of the
			 Commissioner shall be open to the public and any person shall be allowed to
			 attend any such meeting except for meetings or portions of meetings which the
			 Commissioner identifies as must being held in executive sessions and which
			 Massachusetts law permits to be held in executive session.
(5) Notices of meetings will be posted at:
www.masspilotage.com
.
(6) Prior to the adoption, amendment or
			 repeal of any rules or regulations, the Commissioner shall:
(a) obtain the written approval of the
			 Trustees of the Boston Marine Society to such adoption, amendment or repeal;
			 and
(b) furnish not less than a
			 21-day notice to the public of the proposed action.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.05 - Number of Commissions

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner may periodically determine if there is need for an additional
			 state Commissioned Pilot for District Two or for any special location within
			 the district. There are currently three Pilot Commissions available for
			 District Two. The Commissioner may request advice from the existing
			 Commissioned Pilots and may obtain advice and information from any other source
			 prior to making a determination with respect to such need.
(2) The Commissioner's decision will be made
			 after consideration of the various factors pertaining to such need, which will
			 include, but not be limited to, supply and demand for pilotage services, safety
			 and efficiency in furnishing pilotage services, and the interest of the public
			 and the maritime industry in having available a reasonable number of
			 experienced, professional, and efficient Pilots.
(3) When the Commissioner decides to change
			 the number of commissions, they will inform the Trustees of the Boston Marine
			 Society and the President of the Eastern Point Pilots.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.06 - Types of Commissions

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner will grant Commissions of the following two types:
(a) Warrant Pilot Commission; and
(b) Full Branch Pilot Commission.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.07 - Applicants for Pilot Apprentice Training

Current through Register 1525, July 5, 2024
(1) Mariners seeking a commission as a state
			 pilot may contact the Commissioner through the Pilot Commissioner's web site
			 (
http://www.masspilotage.com
).
(2) The Commissioner will consider, and will
			 interview and examine only those applicants for Pilot Apprentice Training who
			 have:
(a) filed a written application with the
			 Commissioner in the form, annexed hereto as Exhibit B as incorporated by
			 reference in
			 995 CMR
			 3.00, with an original at the offices of the Pilot
			 Commissioner: District Two) duly completed and signed;
(b) furnished documentary proof that they are
			 21 years of age or older;
(c)
			 furnished documentary proof that they are citizens of the United States of
			 America;
(d) furnished documentary
			 proof of having successfully completed 12 years of formal education or the
			 equivalent satisfactory to the Commissioner;
(e) proved to the satisfaction of the
			 Commissioner that they are fluent in the English language;
(f) obtained a physical examination that
			 meets the license requirements of the U.S. Coast Guard by a medical
			 practitioner licensed and qualified to practice so as to demonstrate good
			 physical and mental health, dated within one year of submission of application.
Note
: form annexed hereto as Exhibit D, U.S.
			 Department of Homeland Security/U.S. Coast Guard/CG-719K
(g) proved to the satisfaction of the
			 Commissioner that the apprentice is in permissible medical and mental health as
			 evidenced by the requirements outlined in USCG Form 719K;
(h) furnished documentary proof that they
			 have satisfactory maritime experience as required by
			 995
			 CMR 3.10;
(i) furnished documentary proof that they
			 hold current and unrestricted Merchant Marine Credential as required by
			 995
			 CMR 3.12(1);
(j) made payment of an application fee in the
			 amount of $500.00 payable to the Commissioner; applications rejected upon
			 filing will have application fee money returned minus a $100 nonrefundable
			 administrative fee;
(k) All
			 apprentices will be subject to Criminal Offender Record Information (CORI)
			 screening in accordance with
			 803 CMR
			 3.00:
Criminal Offender Record Information
			 (CORI)
and potential additional background checks as deemed
			 appropriate by Commissioner. These additional checks may include Marine Index
			 Bureau and/or other formal background checks.
(l) provide current proof of residency of at
			 least six months in the Commonwealth of Massachusetts immediately prior to
			 filing of application.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.08 - Applicants for Warrant Pilot Commission

Current through Register 1525, July 5, 2024
(1) The Commissioner will consider, and will
			 interview and examine, only those applicants for a Commission of Warrant Pilot
			 who:
(a) is a citizen of the United
			 States;
(b) is 21 years of age or
			 older;
(c) have completed 12 years
			 of formal education or equivalent satisfactory to the Commissioner;
(d) is fluent in the English
			 language;
(e) is physically and
			 mentally fit for pilotage service;
(f) furnish documentary proof that they hold
			 a current and unrestricted Merchant Marine Credential as required by
			 995
			 CMR 3.12;
(g) has documented pilot service or prior
			 maritime service or has suitable veterans sea time as required by
			 995
			 CMR 3.10;
(h) furnished documentary proof that they
			 have satisfactorily completed Apprentice Training as required by
			 995
			 CMR 3.17; and
(i) furnish to the Commissioner written
			 evidence that they have:
1. satisfactorily
			 completed at least one year of service as a trainee with the Eastern Point
			 Pilots as required by
			 995
			 CMR 3.17; and
2. have received written reports of
			 performance as a trainee from at least a majority of the then Commissioned
			 Pilots in District Two certifying that they have observed said trainee, have
			 assisted in training said trainee, and have a professional belief that said
			 trainee is competent, professional and suited by training and temperament to
			 furnish prompt and safe Pilotage Services.
Code of Massachusetts Regulations › 995 CMR - PILOT COMMISSIONERS: DISTRICT ONE › Title 995 CMR 3.00 - Pilotage Within District Two › Section 3.09 - Applicants for Full Branch Pilot Commission

Current through Register 1525, July 5, 2024
(1) The Commissioner will consider, and will
			 interview and examine, only those applicants for a Commission of Full Branch
			 Pilot who have:
(a) filed a signed letter
			 requesting a Full Branch Commission specifying the area required with the
			 Secretary of the Commissioner in the form duly completed and signed;
(b) furnished satisfactory proof that they
			 remain in compliance with all other relevant requirements of
			 995 CMR
			 3.00;
(c)
			 satisfied the Commissioner that they remain competent, professional and suited
			 by training and temperament to furnish prompt and safe Pilotage
			 Services;
(d) observed
			 evaluation
(e) furnished
			 documentary proof that they are citizens of the United States of America and
			 residents of the Commonwealth of Massachusetts.