Section 815-RICR-50-00-1.4 - Water CarriersA. Available To: A person or entity licensed under R.I. Gen. Laws §§ 39-3-3, 39-3-3.1 or 39-3-4 to perform as a "common carrier of persons and/or property upon water between termini within the state." B. Application of surcharge: If a person or entity is authorized to implement a surcharge it must be applied nondiscriminatorily to all persons and vehicles carried. C. Application for authorization of a surcharge: When the average retail cost of marine diesel in Rhode Island exceeds one dollar and twenty ($1.20) cents per gallon, a water carrier may request authorization to impose a surcharge. A water carrier requesting authorization to impose a surcharge must demonstrate a nexus between the actual price that it has paid per gallon of marine diesel and its operations costs over the thirty (30) day period on which it is basing its request for a surcharge. The water carrier must submit actual invoices, including a price per gallon assessment, for the marine diesel it purchased during the period, the number of passengers and vehicles it carried, the number of trips it made, and the number of gallons of marine diesel it used per trip. This information must be delivered to the Division by the fourth Tuesday of the month before the calendar month for which the water carrier is requesting authorization to impose a surcharge. The Division will notify the entity within five (5) business days after receipt of all submitted data as to whether a surcharge may be collected, and what amount of surcharge the water carrier is authorized to collect. If the water carrier chooses to impose the surcharge, it must do so no later than three (3) days from the date on which it was notified that the Division had authorized the imposition of a surcharge. The authorization of the surcharge will expire thirty (30) days after the water carrier has begun collecting the surcharge. D. Amount of surcharge: The amount of the surcharge will be determined based on evidence presented by the water carrier. However the amount of the surcharge will not exceed fifty ($0.50) cents per person or vehicle carried. E. The following method will be used to calculate the average retail price of marine diesel in Rhode Island: The average retail price of marine diesel in Rhode Island will be determined by the Division based on the retail price of "over the road" diesel which is posted on the Rhode Island portion of the AAA of Southern New England's web-site on the first and third Wednesday of each month. The Division will determine the retail price of marine diesel on each of those days by first subtracting from this price of "over the road" diesel the amount of federal and state taxes which are assessed on each gallon which are not assessed on marine diesel 1. Then, the Division will adjust that figure to include the Rhode Island sales tax that is assessed on marine diesel 2. F. Notification to regulated water carriers of activation of program: 1. On the fourth Monday of each month preceding a month in which the Division will announce the activation of the program, the Associate Administrator of the Motor Carrier's Section of the Division will issue an Administrative Order stating: a. The retail price of marine diesel in Rhode Island on the first and third Wednesday of each month as determined by the Division using the above stated method; b. The average retail price of marine diesel in Rhode Island, based on these two data points; and, c. The activation of the program for the following calendar month. 2. The Associate Administrator of the Motor Carrier's Section of the Division will cause this administrative order to be posted on the Division's web-site on the day it is issued, where it will remain at least until the expiration of the month to which it relates. 3. The Associate Administrator of the Motor Carrier's Section of the Division will cause a message, announcing this administrative order, to be recorded and accessible by telephone on the day such administrative order is issued. G. Notification to customers of surcharge: A water carrier who receives Division authorization to implement a surcharge must conspicuously post a notice stating that a marine diesel surcharge is in effect pursuant to R.I. Gen. Laws § 39-12-13(c) which must also state the amount of the surcharge that has been authorized. This notice must also state the date on which it began collecting the surcharge and the date on which it will stop collecting the surcharge. The Associate Administrator of the Motor Carrier's Section of the Division will make sample notices available.815 R.I. Code R. 815-RICR-50-00-1.4