County, Florida
(14) Port of Pensacola
(15) Panama City Port Authority
(16) Brazos River Harbor Navigation District of Brazoria County, Texas
(17) Port of Corpus Christi Authority
(18) Board of Commissioners of the Jackson County Port Authority (Port of Pascagoula)
NOTICE: The Gulf Seaports Marine Terminal Conference agreement permits the
participating members to discuss and agree upon port terminal rates, charges, rules, and
regulations. Any such rates, charges, rules, and regulations adopted pursuant to said
agreement, shall be published in the respective tariffs of said members and so identified
by proper symbol and explanation.
SHIPPERS' REQUESTS AND COMPLAINTS
Shippers, or other users of the facilities and services of the members of said
Conference, desiring to present requests of complaints with respect to any such rates,
charges, rules, and regulations adopted pursuant to said Conference agreement, should
submit the same, in writing to the Chairman of the Conference, at the address below,
giving full particulars, including all relevant facts, conditions, and circumstances
pertaining to the request or complaint. Should further information be required by the
Conference for full consideration of the request or complaint, the Conference Chairman
will so advise by mail. The said Chairman will notify such shipper or complainant of the
docketing of the matter and of the date and time of the proposed meeting and if said
shipper and complainant desires to be heard, he shall make request upon the Chairman in
advance of the meeting.
David A, Schaller, Conference Chairman, c/o Port of Pensacola,
P.O. Box 889, Pensacola, FL 3259
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 004
RULES
Rule 34:
SUBJECT: DEFINITIONS ITEM
SUBRULE 1 Agent or The party or entity which submits the 100
GSMTC Vessel Agent application for berth.
SUBRULE 2 Berth The water area at the edge of a 105
GSMTC a wharf, including mooring facilities,
used by a vessel while docked.
SUBRULE 3 Berth The area within the Navigation and Port District 110
GSMTC Space facility designated or allotted for use for the
receipt and accommodation of freight for export
pending arrival of the vessel to which such
freight is consigned and for the receipt and
accommodation of import freight pending delivery
or tender of delivery by the steamship company
to the owner or consignor thereof.
SUBRULE 4 Bonded Storage accomplished under bond payable to 120
GSMTC Storage the United States Treasury Department until
cleared for entry by the United States Customs.
SUBRULE 6 Checking The service of counting and checking cargo 125
GSMTC against proper documents for the account of the
cargo or the vessel, or other person requesting same.
SUBRULE 7 Container A standard ISO seagoing container 20" in length 130 GSMTC or
over.
SUBRULE 8 Day A consecutive 24-hour period or fraction 135
GSMTC thereof.
SUBRULE 9 Dockage The charge assessed against a vessel for 140
GSMTC berthing at a wharf, pier, or bulkhead structure,
or bank or for mooring to a vessel so berthed.
SUBRULE 10 Free Time The specified time during which cargo may 145
GSMTC occupy space assigned to it on terminal property
free of wharf demurrage or terminal storage
charges immediately prior to the loading or
subsequent to the discharge of such cargo on or
off the vessel.
SUBRULE 11 Liner Vessels making regularly scheduled calls for the 150
GSMTC Service receipt and delivery of cargo and passengers
at the Orange County Navigation and Port District.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 005
RULES
Rule 34: (Cont'd)
SUBJECT: DEFINITIONS ITEM
SUBRULE 12 Loading The service of loading or unloading cargo 155
GSMTC or unloading anyplace on the terminal and railroad cars,
trucks, or any other means of land conveyance to or from the terminal facility.
SUBRULE 13 Handling The service of physically moving cargo between 160 GSMTC rest and
any place on the terminal facility, other than the end of ship's tackle.
SUBRULE 14 (N) Heavy The service of providing heavy lift cranes 165 GSMTC Lift and
equipment for lifting cargo.
SUBRULE 15 Marginal Railroad tracks on the wharf apron within reach 170
GSMTC Tracks of ship's tackle.
SUBRULE 16 Navigation Orange County Navigation and Port District 175
SUBRULE 17 Point of Rest The area of the terminal facility which is 180
GSMTC assigned for the receipt of inbound cargo from
the ship and from which inbound cargo may be delivered to the consignee and that area of the
terminal facility which is assigned for the receipt
of outbound cargo from shipper for loading of vessel.
SUBRULE 18 Shipside The location of cargo within reach of ship's 185
GSMTC tackle or in berth space, in accordance with the customs and practices of the
Orange County Navigation and Port District.
SUBRULE 19 Terminal The service of providing warehouse or other 190
GSMTC Storage terminal facilities for the storage of inbound or
outbound cargo after the expiration of free time,
including wharf storage, shipside storage, closed
or covered storage, opened or ground storage,
bonded storage, and refrigerated storage, after
storage arrangements have been made.
SUBRULE 20 User A user of the facilities owned, leased, and/or 195
GSMTC controlled by the Orange County Navigation and
Port District shall include any vessel or person
using any Port District properties, facilities, or
equipment, or to whom or for whom, any service,
work, or labor is furnished, performed, done, or
made available by the Port District, or any person
owning or having custody of cargo moving over
such facilities.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 006
RULES
Rule 34: (Cont'd)
SUBJECT: DEFINITIONS ITEM
SUBRULE 21 Vessel Vessel includes within its meaning every 200
GSMTC description of water craft or other artificial
contrivance whether self-propelled
or non-self-propelled, used, or capable of being
used, as a means of transportation on water, and
shall include in its meaning the owner thereof.
SUBRULE 22 Wharf Any wharf, pier, quay, landing, or other 205
GSMTC stationary structure to which a vessel may make
fast or which may be utilized in the transit or
handling of cargo or passengers and shall include
other Port District terminal facility areas
alongside of which vessels may lie or which
are suitable for and are used in the loading,
unloading, assembling, distribution, or handling
of cargo.
SUBRULE 23 Wharfage A charge assessed against the cargo or vessel 210
GSMTC on all cargo passing or conveyed over, onto, or
under wharves or between vessels (to or from
barge, lighter, or water) when berthed at wharf
or when moored in slip adjacent to wharf.
Wharfage is solely the charge for use of wharf
and does not include charges for any other service.
SUBRULE 24 Wharf A charge assessed against cargo remaining in or 215
GSMTC Demurrage on terminal facilities after the expiration of free
time unless arrangements have been made for
storage.
ABBREVIATIONS AND/OR SYMBOLS
SUBRULE 25 c - Cents 220
$ - Dollar
% - Percent
(A) - Increase
(C) - Change in wording which results in neither increase nor reduction
(N) - New Item or Addition
(R) - Reduction
CL - Carload
Cont'd - Continued
Cu. Ft. - Cubic Feet
cwt - Hundred pound weight
FMC - Federal Maritime Commission
FTZ - Foreign Trade Zone
GRT - Gross registered ton
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 007
RULES
Rule 34: (Cont'd)
SUBJECT: ABBREVIATIONS AND/OR SYMBOLS (Cont'd) ITEM
GSMTC The rate, rule, or regulation bearing this
reference mark is published pursuant
to agreement of Gulf Port Members of
the Gulf Seaports Marine Terminal Conf.
ISO - International Standardization Organization
Lbs. - Pounds
LCL - Less than carloads
LOA - Length-over-all
MFB - Thousand board feet
MT - Metric ton
NOIBN - Not otherwise indexed by name
NOS - Not otherwise specified
NT - Ton of 2000 lbs.
(N) OT - Other Than
SUBJECT: METRIC CONVERSION TABLE ITEM
SUBRULE 26 The following table is published for 225
convenience and as a guide for measurement conversion when necessary.
To Find Given Multiply
Metric Tons Short Tons Short Tons by 0.907
Short Tons Metric Tons Metric Tons by 1.102
Metric Tons Long Tons Long Tons by 1.016
Long Tons Metric Tons Metric Tons by 0.984
Kilos Pounds Pounds by 0.4536
Pounds Kilos Kilos by 2.2046
Cubic Meters Measurement Tons Measurement Tons by 1.133
(40 Cu. Ft.)
Measurement
Tons (40 Cu.Ft.) Cubic Meters Cubic Meters by 0.883
Cubic Meters MFBMs (Ft.B.M. MFBMs by 2.36
in thousands)
MFBMs (Ft.B.M. Cubic Meters Cubic Meters by 0.424
in thousands)
Metric Equivalents
1 Kilo - 2.2046 Pounds
1 Metric Ton - 1,000 Kilos
1 Pound - 0.4563 Kilos
1 CWT (US - 100 Pounds) - 45.359 Kilos or 0.04536 Metric Tons
1 CWT (British - 112 lbs.) - 50.802 Kilos of 0.0508 Metric Tons
Bushel Grain (US) - 60 Pounds - 27.216 Kilos
1 Cubic Meter - 35.315 Cubic Feet
1 Cubic Foot - 0.0283 Cubic Meters
1,000 Ft.B.M. - 83.33 Cubic Feet
1 Cubic Meter - 423.792 Ft.B.M.
1 Barrel (US - 42 Gallons) 158.987 Liters
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 008
RULES
Rule 34: (Cont'd)
SUBJECT: APPLICATION ITEM
SUBRULE 27 General The wharves, docks, slips, railroad tracks, 230
Application land and any other facility on or serving same
are the property of the Navigation District
Orange County, Texas, hereinafter referred to as
Port District and are under the control of the Port
District and all vessels, their owners or agents or
persons or companies using same are subject to
the rules and regulations of this tariff.
SUBRULE 28 Damage to Vessels, their owners, their agents or persons 235
Wharves, or companies using same will be held responsible
Aprons or for all damages done to the piers, aprons,
Piers wharves or warehouses by discharging heavy
articles or by improper handling of heavy freight
or by stacking excessive tonnage upon piers,
aprons, or wharves without authority from the Port.
SUBRULE 29 Charges All wharfage, loading, unloading or other 240
where charges are contracted to be paid and are due
Payable and payable to the Navigation and Port
District, P. O. Box 2410, Orange, Texas 77630.
SUBRULE 30 Cranes The Port District will arrange for cranes or 245
other special cargo handling or heavy lift
equipment to be available as required, but
arrangements must be made with the Port
District in advance.
SUBRULE 31 Explosives Vessels, shippers, their agents, and owners, or 250
and persons or companies using explosives and/or Flammables flammables as cargo or
otherwise will be held
responsible for complying with, and providing
proof thereof, that all Federal, State, local, and
any other jurisdictional entities' laws, rules,
regulations, and/or ordinances concerning this
subject have been met.
SUBRULE 32 Over or Railcars offered for movement under this 255
Improperly tariff must be loaded in accordance with Rules
Loaded and Specifications of the Association of
Railcars American Railroads. When not so loaded they
will not be accepted.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 009
RULES
Rule 34: (Cont'd)
SUBJECT: APPLICATION ITEM
SUBRULE 33 (N)Insurance The charges provided herein do not include 260
expense for insurance of any character covering
owners' interest in any cargo or property, nor
will such insurance be effected by the Port District
under its policies.
SUBRULE 34 (N) Port On shipments both in and outward bound, 265
Charges handled over the wharves, or on shipments
handled direct between barges or vessels,
and vessels berthed at wharves or piers,
the responsible parties will be held responsible
for all Port charges, and will not be permitted
to load any property from the wharves or piers,
or from barges or vessels onto a vessel without
prepayment of Port charges, or until satisfactory
provisions have been made for payment.
SUBRULE 35 Risk of All property landed, received or unloaded from 270
Owners rail car, truck, or vessel on any of the Port
District's property is thereafter at the risk of the
owners and not of the Port District and is
further subject to rules as outlined in other items
of this tariff. The Port District reserves the right
to obtain a lien on the property until all Port
charges have been paid. All limits of liability as
shown in this and other subrules are shown in Subrule
50(D).
SUBRULE 36 Shipside When rates published in tariffs on file with the 275
Rates Interstate Commerce Commission include port charges,
the Port District will not absorb any portion of
such charges.
SUBRULE 37 Savings If any provision of this tariff is or should 280
Clause become in violation either by omission or addition,
of any law, rule, or regulation of the United States,
or of the State of Texas, or any of the various legal
subdivisions of either; such provision shall be
replaced by the proper provision of such law, rule, or regulation, so long as such law,
rule or regulation remains in force and effect, but all other provisions of this tariff
shall continue in full force and effect.
SUBRULE 38 Staking Cars When open cars are ordered by shipper or when 285
freight is of a character necessitating the use of
open cars, the staking of such cars or securing
the loads will be at shipper's expense.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 010
RULES
Rule 34: (Cont'd)
SUBJECT: APPLICATION ITEM
SUBRULE 39 Cargo Cargo received at Orange by vessel, 290
Transshipped transshipped at Orange by vessel, coastwise or
or to foreign ports, on which wharfage charges
provided herein have been paid will be given
free wharfage on the outward movement
provided shipments have not been removed
from the wharves or changed ownership.
When property is transferred from one vessel
to another, one of the vessels being fast
to the wharf, also on all goods or articles
handled over or upon the wharves in the slips,
or which in any manner, directly or indirectly,
used the property of the Port District, regular
wharfage charges will be assessed.
SUBJECT: REGULATIONS ITEM
SUBRULE 40 Payment of All bills rendered by the Port District for service, 295
Charges claims, or for of any causes whatsoever, are due
and payable upon presentation, and any owners, agents, companies of persons receiving
such bills
and failing to make full payment within 30 days
after presentation may, at the option of the Port
District, result in the responsible party being
placed on the delinquent list, conditions of
which are hereafter defined.
(N) The Port District does not recognize the numerous shippers or consignees and cannot
attempt to collect
or assist in collecting storage and similar bills
which may be passed on to shippers and consignees by
the vessel, its owners and agents. Such bills are due
when presented and must be paid regardless of when
the vessel, its owners and agents are reimbursed.
Bills must be paid when presented, and errors,
if any, will be rectified by the Port District.
Claims in excess of $10.00 will require specific
approval of the Port District before refund is made.
The Port District reserves the right to estimate
and collect in advance all charges which may
accrue against vessels, their owners and agents,
or against cargo loaded or discharged by such
vessels, or from other users of the facilities of
Port District, whose credit has not been properly established with the Port District or
who are
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 010A
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 40:(Cont'd) habitually on the delinquent list. Use of 295
facilities may be denied until such advance
payments or deposits are made.
The Port District reserves the right to apply any
payment received against the oldest bills rendered against vessels, their owners and
agents, or other users of facilities.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 011
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) ITEM
SUBRULE 41 Delinquent All vessels, their owners or agents, or other 300
List users of the facilities of the Port District placed
on the delinquent list for reasons heretofore
stated may be denied further use of the facilities
by the Port District until all such reports have
been filed and all charges thereon, together with
any other charges due, shall have been paid.
SUBRULE 42 Wharfage (A) Wharfage charges must be paid by owner or 305
agent of cargo and placing of said cargo on
Port District facilities shall be deemed an
acceptance and acknowledgment of this
responsibility.
(B) Cargo placed on Port District facilities shall
be considered to have earned wharfage when so
placed and wharfage will be assessed whether or
not it is actually loaded on vessels.
(C) No wharfage will be assessed against ship's stores.
(D) Lumber, ties, timber, piling, poles and posts
received at the Port District by vessel for creosoting
having paid the inward wharfage rate provided herein,
will, when treated, be given free wharfage on the
outward movement.
(E) The owner or agent of cargo loaded or
unloaded at Port District facilities shall furnish
to the Port documentary evidence showing gross
weight of each lot of such cargo, except lumber,
which shall be shown in board feet.
SUBRULE 43 Free Time (A) Free time shall begin immediately upon 310
Wharfage placement of cargo upon terminal property and
each 24 hours or part thereof shall be considered
a full day, Sundays and holidays not excluded.
(B) Wharf demurrage charges shall cease when
actual loading begins of vessel scheduled to lift
the cargo or at the time cargo is removed from
terminal property.
(C) Upon expiration of free time, the Port District
may, at its option, remove any or all cargo from
transit sheds to any other part of its facilities
or to any private or public warehouse at the risk
and expense of the cargo. (Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 012
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) ITEM
SUBRULE 43 (Cont'd) (D) Cargo remaining on terminal property after
expiration of free time shall be assessed normal
wharf demurrage charges.
SUBRULE 44 Dockage (A) Vessels mooring or tying up at public 315
Rules mooring facilities of the Port District shall be
charged dockage on the basis of Length Overall
(LOA) of vessel as shown in Lloyd's Register of
Shipping.
However, the Port District reserves the right to
admeasure any vessel when deemed necessary,
and use such measurements as the basis of the
charge.
(B) Dockage charges are shown in the Rates and
Charges Section and will accrue per day of
24 hrs. or fractional part thereof, including
Saturdays, Sundays, and Holidays.
(C) Dockage on all vessels and watercraft will
be charged from the time the vessel makes fast
to the wharf or occupies the berth alongside
until free from and vacated such berth or wharf.
(D) Dockage shall be charged on the basis of
straight running time. Shifting from one wharf
to another, or from one berth to another, will
not interrupt the straight running time.
(E) The Port District may, at their option, quote
charges for long term berth assignments or special
layberths for vessels upon application in advance.
(F) Vessels waiting to load because of
unavailability of cargo will be charged dockage
at a rate 50% of regular dockage rates.
(G) Tugboats standing-by awaiting
loading/unloading of barges at Port wharves
will not be charged dockage.
(N) (H) The Port District reserves the right to refuse
to allow any party or vessel, not complying with
all Port District tariff provisions, the use
of public wharves or property of the Port District.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 013
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 45 Application All steamships or their owners, or agents, 320
for Berth desiring a berth at the wharves shall, as far in
advance of the date of docking as possible,
make application in writing for same on forms
prescribed, specifying the date of docking,
sailing and the nature and quantity of cargo to
be handled, application for berth to be made to
the Port District. Application for berth will be
construed by the Port District to mean that all
charges will be promptly paid upon presentation
of bill therefore and that all rules and
regulations will be complied with.
It shall not be incumbent upon the Port District
to have bills for Port charges signed for by
masters of vessels following request by steamship
agent for berthing space.
SUBRULE 46 Mooring to (A) All ships calling at the Port of Orange shall 325
Wharf sound two long to Wharf and one short blast at
or near ships approach.
(B) No person shall make fast any rope or line
to any public pier or wharf, or to any shed, track
or piles supporting same, or to the fender piles,
but must tie to the mooring piles, mooring bits
or cavil provided for this purpose.
(C) It shall be unlawful for any vessel, or any
person in charge of any vessel, to use any
dolphin at the outer end of any wharf to break or
wrap around, or turn around or swing such vessel
at any wharf with the stern of such vessel against
the wharf.
(D) It shall be unlawful for any person to make any
vessel fast to a public wharf or mooring facilities
except with such lines and in such manner as
will meet with the approval of the Port District.
(E) No vessel shall lie at any public dock or wharf,
or anchor adjoining same, in such manner as to
obstruct or prevent the free passage of any vessel
to or from any berth under the jurisdiction of
the Port District.
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 014
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 46 (Cont'd)
(F) When it becomes necessary in order to expedite
the business at the port facilities, a vessel may
be moved by the Port District at the expense of
the vessel accommodated, provided notice to
move shall first have been given to the master
or person in charge of such vessel, and the
owner and the vessel shall be liable for all
damages that may arise thereby. For all limits of
liability shown in this and other subrules, see subrule
50(D).
(G) When a vessel elects to work overtime or
holidays the vessel occupying berth and not
working shall give way at the expense of the
vessel accommodated.
SUBRULE 47 Cleaning Agents or operators will be held responsible 330
Up for the cleanliness of their assignments,
Assignments including space in transit sheds where cargo
is
concentrated and wharf apron over which
cargo is trucked to ship's tackle. Cleaning
up will be performed under the supervision of
the Port District which will direct the disposal
of all refuse. Upon failure to clean up premises
within a reasonable time after the sailing of the
vessel, same will be done by the Port District
and bill rendered against the vessel, agent,
operator or person concerned.
SUBRULE 48 Wharf Stevedore's tools, appliances and equipment, 335
Obstruction donkey engines, coal screens, vehicles, or other
material or object which is not part of a cargo
must be removed from the wharves and wharf
premises when directed by the Port. If any such
obstruction is not removed within 24 hours after
notice such material will be stored and sold by
the Port and $25.00 charged for each day that
the obstruction is permitted to remain, together
with the expense of removal, storage, or sale.
SUBRULE 49 Protection (N)(A) It shall be unlawful for any person 340
Against to smoke, carry lighted pipes, cigars or cigarettes,
Fire or carry or use portable open lights in or upon
any structures.
(B) Persons desiring to handle explosives in the
Port of Orange over the public wharves, or
elsewhere, will communicate in advance of their
arrival, with the Port District, furnishing full
particulars of the shipment, and will receive full
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 015
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 49 (Cont'd) instructions as to method of handling.
(C) No merchandise deemed extra hazardous
material in the Standard Fire Insurance Policy
of the State of Texas, or such material as hay,
excelsior, or broom corn, or other inflammable
material, shall be permitted to remain overnight
on any port facilities, unless extensions of time
are specifically granted by the Port District.
(D) The storage, keeping or use of gasoline,
distillate or other liquid petroleum products
except lubrication oil, on premises under the
control of the Port District, except at such
localities as may be specifically designated
therefore, is strictly prohibited; and at such
localities as may be designated therefore same
shall not be handled except between sunrise
and sunset.
(E) No person shall obstruct or interfere with
the free and easy access to, and except in case
of fire shall any person remove or in any manner
disturb any fire extinguisher, fire hose, fire
hydrant, or any other fire fighting appliance
installed in or upon the Port District facilities.
SUBRULE 50 Loss or (A) Except as may be caused by its own 345
Damage to negligence but without waiving any of the Port
Navigation District's legal rights to immunity, the Port District
District will not be responsible for the damage to or loss
Property of any freight on its premises or of any freight
being loaded or unloaded at the public wharves.
The Port also will not be responsible for any delay to
same, nor for sheds by fire, water leakage or
discharge of water from sprinkler fire protection
system, collapse of buildings, sheds, platforms
or wharves, settling of floors or foundations,
rats, mice, moths, weevils, or other animals or
insects, frost, sweat, rust, mold, corrosion,
shrinkage, decay, contamination, discoloration
or the elements, nor will it be answerable for
any delay, loss or damage arising from strikes,
tumult, or acts of God. Any company having
freight on the wharves, or in sheds will be
permitted to make their own arrangements for
watchman service. (Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 016
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 50 (Cont'd) (B) The Port District is not a common carrier and
does not accept care, custody, or control of any
cargo or other property while on or in the
wharves, docks, transit sheds, warehouses or
other facilities managed and controlled by the
Port District, nor does the Port District engage in
warehousing or issue warehouse receipts.
(C) Except as may be caused by the Port District's
own negligence, but without waiving any of the
Port District's legal right to immunity,
users agree to indemnify and save harmless
the Port District from and against all losses,
claims, demands, and suits for damages,
including death and personal, injury, and
including court costs and attorney's fees,
incident to, or resulting from their operations
on the property of the Port District and the
use of its facilities. No provisions contained in this
tariff shall limit or relieve the Navigation District from
liability for its own negligence, nor require any
person's, vessels, or lessees to indemnify or hold
harmless the Navigation District from liability for its
own negligence.
(D) No provisions contained in this tariff shall limit or
relieve the Navigation District from liability for its own
negligence, nor require any persons, vessels or lessees
to indemnify or hold harmless the Navigation District
from liability for its own negligence.
SUBRULE 51 Stevedore As a condition to the use of Port District 350
Insurance users performing stevedoring services shall
Requirements keep in full force and effect insurance
covering its operations to be carried out
upon or in connection with the facilities of the
Orange County Navigation and Port District.
COVERAGE LIMITS
Stevedore's Legal Liability $10,000,000
Workers Compensation Statutory
Employers Liability $1,000,000
Longshore and Harbor Workers Statutory
Automobile $1,000,000
(Combined single limits, bodily injury and
property damage)
Comprehensive General Liability $10,000,000
(Combined single limits, bodily injury and
property damage)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 017
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 51 (Cont'd) 350
negligence of the Port District, its agents,
servants or employees, shall be excluded
from such coverage.
Such policy or policies shall contain a clause
that the insurer will not cancel or change such
insurance without first giving the Navigation
District a thirty (30) day prior written notice of
intent to so cancel or change. Such insurance
shall be placed in a company or companies
having a current Best's General Policy Holders
rating of A+ or A and a Best's Financial Rating
of at least XII, or their equivalents. A copy of
policy or policies of insurance, or certificate or
certificates of insurance, shall be delivered to
the Port District, or certificate or certificates
of insurance so furnished shall certify that the
policies comply with the policies hereof.
SUBRULE 52 (N) Property It shall be unlawful for any person to willfully 355
Damage willfully or carelessly destroy, damage, disturb,
deface, or interfere with any buoy, float, life
preserver, sign, notice, apron, warehouse, wharf
appurtenance thereto, or to any other port
property whatsoever under the jurisdiction of the
Port District. The expense of repairing said damage
will be charged against the person or vessel
responsible therefore, and in addition thereto any
person causing any damage shall be liable, upon conviction of negligence, to the
penalties described
in this tariff.
SUBRULE 53 Watchmen (A) Any vessel lying at the port facilities must 360
at all time have on board at least one person in
charge of said vessel who has authority to take
such action, in any emergency, as may be required.
(N)(B) The Port District provides watchmen for the
protection of its property. This service does not
extend to protection of cargo upon its facilities.
The Port District may require owners and/or
agents of cargo placed upon its facilities to provide
special watchmen where in its opinion it may be
advisable.
SUBRULE 54 Complaints All protests or complaints of any type must be 365
(N) addressed in writing to the Port District.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 018
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 55 Tariff The rates, rules and regulations contained in 370
Application this tariff shall apply equally to all users
of the facilities, and shall apply on all traffic
on the facilities on the effective date shown in
this tariff or any amendments thereto.
Amendments shall be issued to cover changes
in this tariff, but this tariff is subject to change
without notice.
SUBRULE 56 Consent to The use of the facilities under the jurisdiction 375
Terms of of the Port District shall constitute a consent
Tariff to the terms and conditions of this tariff, and
evidences an agreement on the part of all vessels,
their owners, agents and other users of such
facilities to pay all charges specified in this
tariff, and be governed by all rules and regulations
herein contained.
SUBRULE 57 (N) Use of The Port District reserves the right to designate 380
Facilities and regulate the use of all facilities; and the
right to refuse to accept any and all cargo. The
Port District prohibits the placing and/or use on
its properties of any mechanical equipment not
owned by the Port District except by written permission
and for such charges as may be stipulated and
only then at the responsibility and liability
of the user for any injury to persons or damage
to the property of the Port District. The Port
reserves the right to state which cargo may be
handled direct to or from ships and to designate
the location where such handling will be permitted. Vessels discharging or loading
ballast, sand, coal, scrap iron, or any loose material must use
tarpaulins or stages from the ship's rail to the
wharf or lighter to prevent such material falling
into the water.
SUBRULE 58 Access to Vessels, their owner, agents and masters, and 385
Shipping all other users of the facilities shall be required
Records to permit access to manifests of cargo, railroad
documents and all other documents for the purpose
of audit for ascertaining the correctness of
reports filed: or securing necessary data to
permit correct billing of charges.
SUBRULE 59 Bills- The Port District will not undertake to 390
of-Lading accomplish Bills-of-Lading.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 019
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd Item
SUBRULE 60 Harbor (A) No piles shall be driven nor shall any 395
Obstructions platform be erected nor shall any filling in,
or construction, repairs, alterations, removals,
dredging or demolition of any kind be made on
on any part of the water front under the
jurisdiction of the Port District without a
written permit therefore being first had and
obtained from the Port District.
(B) Upon the information of the sinking of any
boat, barge or other vessel in the channel-way
of the tidewaters of the Sabine River or its
navigable tributaries, within the jurisdiction of
the Port District, or in any of the docks thereof,
the Port District shall give notice to the owner,
master, or other agent having charge thereof to
raise and remove such obstruction within fifteen
days after the date of said notice, upon a penalty
of $100.00 to and for the use of the Port District
and, in case of refusal or neglect of the parties
interested, as aforesaid, to raise and remove any
such obstruction within the time specified in said
notice, it shall be the further duty of the Port
District to have it raised and removed at the
of the owner, master or agent and the boat,
barge, or other vessel, together with the cargo
thereof, shall be subject to a lien in the hands of
the Port District until the expenses of the
removing and raising shall be fully paid to it;
and the Port District is hereby authorized to sell
at public auction to the highest bidder for cash,
all such property or so much thereof as is
necessary to pay all the expenses of raising and
removing, together with the penalty aforesaid
and the cost of sale; and, shall return the surplus,
if any, of such sale to such person or persons as
shall be legally entitled to receive the same.
The Port District before proceeding to sell such
property as aforesaid, shall give ten days notice
by at least twenty printed hand bills, to be posted
in conspicuous places, some of them in the
immediate neighborhood of said locality, fully
setting forth a full description of said property
to be sold, together with the time and place of
selling same. Should the sum realized from such
sale be insufficient to pay all the expenses of
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 020
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 60 (Cont'd) raising and removing, then and in such case, the
Port District shall require the agent or owners
to pay the deficit.
SUBRULE 61 Disposal Annex V of the International Convention for the 400
of Garbage Prevention of Pollution from Ships (MARPOL)
GSMTC 73/79 and the U.S. Coast Guards Implementing
Regulations (33 CFR, parts 151, 158)
require that reception facilities be available
for those vessels which have indicated, in
advance, the need to dispose of ship-generated
garbage.
In order to accommodate the needs of shipping
and commerce through this Port, the Board has
filed an application for a certificate of adequacy
with the Captain of the Port, U. S. Coast Guard
for garbage reception facilities. Grantees of a
First Call on Berth Privilege or assignees of a
berth, or their designees, shall provide upon
request, the reception facilities which meet the
requirements contained in the appropriate
regulations. Grantees, assignees, or their designees
shall require a 24-hr notice of vessel's intent to
discharge garbage at any public terminal facility
within the Port District so as not to cause any
undue delay to vessels.
Reception facilities for food, plant, meat, and
other potentially infectious waste shall be
provided by grantees or assignees, when requested
by the vessel, in accordance with the above
and with the with the requirements set forth
in 7 CFR 330 and 9 CFR 94. These regulation
food wastes must be handled at a facility
approved by the Animal and Plant Health
Inspection Service (APHIS). A listing of
approved transporters and treatment facilities
is available from the Operations Manager.
Grantees or assignees, or their designees,
shall provide the necessary reception facilities,
when requested to do so, for other than APHIS-
regulated garbage from any commercial full-
service firm. Inquiries regarding facilities
available for disposal of materials covered by
Annex V may be sent to the Operations Manager.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 021
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 62 Dumping Oil It shall be unlawful to throw, discharge, or 405
and Refuse deposit or cause, suffer, or procure to be thrown, GSMTC discharged,
deposited, either from or out of any
ship, barge or other floating craft of any kind,
or from the shore, wharf, manufacturing
establishment or mill of any kind, any refuse matter
or other substance of any kind or description whatever
into the waters of the harbor; and it shall
be unlawful to deposit, or cause, suffer or procure
to be deposited, material of any kind in any
place or on the bank of any water, where the
same shall be liable to be washed into such
water, either by ordinary or high tides, storms
or floods or otherwise, whereby navigation
within the corporate limits of the harbor shall
or may be impeded or obstructed; provided that
nothing herein contained shall extend to, or
or apply to, or prohibit operations in connection
with the improvement of the Port of Orange, or
the construction of public works considered
necessary and proper by the Port District
and provided further that nothing herein
contained shall extend to, apply to, or prohibit
the depositing of such material above mentioned
in such navigable waters within such limits as
may be defined, and under such conditions as
may be prescribed by the proper Officer of the
United States Corps of Engineers.
It shall be unlawful for any person to pump,
discharge or deposit, or to cause or permit to be
pumped, discharged or deposited or to pass or
allow to escape in or into the waters of the
harbor any oil, spirits or inflammable liquid,
or any coal tar, or refuse, or other carbonaceous
material or substance, or any product or
compound thereof, or any bilge water containing
any of the said materials or substances.
The National Committee for the Prevention of
Marine Pollution (NCPMP) has issued regulations
to implement requirements for waste oil
reception facilities. These regulations are
contained in the International Convention for
the Prevention of Pollution from ships (MARPOL)
73/78, Annex 1, Regulation 12. Regulation 12
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 022
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 62 (Cont'd) requires marine terminals and ports handling
tankers or ocean going ships of over 400 gross
tons to have facilities for receiving vessel oily
waste and slops, which MARPOL requires these
vessels retain on board in lieu of discharging
overboard at sea.
The port authority will obtain, through
contractual agreement, a company acceptable to
the U.S. Coast Guard to provide these facilities.
It is the responsibility of the vessel to provide
ships agent(s) a minimum of twenty-four
(24) hours advance notice, the amount and type of
waste that will be discharged upon the vessel's
arrival. Upon receipt of the notification, the
agent(s) is/are required to contact a Department
of Transportation approved company, who will
have the facilities available for the discharge
of oily residues.
SUBRULE 63 Bilge Bilge water cannot be discharged in any manner 410
Water into the waters within the limits of the Port
Discharge District.
Within the
Navigation If a vessel, through its owners, charters, master
District or agents have the need to dispose of bilge water,
arrangements can be made with a private firm
to provide this service.
Information on the service available from
private firms can be obtained by contacting the
Manage of Operations at the Port's dock office.
SUBRULE 64 Vessels to The Port District may order any vessel to vacate 415
Vacate any berth when it is deemed that the continued
GSMTC presence of such a vessel at such berth would be
a potential hazard to the vessel, the berth, the
facilities or the rights or property of safety of
others. Such situations include, but are not
limited to potential natural disasters such as
hurricanes, tornados, earthquakes, or flooding.
The District shall provide written notice
(administrative message, facsimile transmission, etc)
to the Steamship Line, Ship's Agent, or party
arranging for berthing of the vessel advising of
(Cont'd)
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 023
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 64 (Cont'd) the requirements to vacate and referring to this
tariff item in the communication. The notice shall
state the time that the berth must be vacated and
shall be presented at least four hours prior to
said time.
If a vessel fails to promptly vacate as ordered, it
shall be responsible for any damage, or expense
which may be incurred by the Port District, the
vessel, or others as a result of such failure to
vacate. The Port District shall have the option,
but not the duty, of moving the vessel to another
location at the risk and expense of the vessel.
If such movement occurs, the vessel shall hold
the Port District harmless for any damage, or
liability which may occur as a result of such
movement. (For all limits of liability in this
and other subrules, see subrule 50 (D).)
Failure to comply with an order to vacate will
result in a penalty charge to the vessel of $1000.00
per hour for each hour, or fraction thereof, of
non-compliance. This charge shall not constitute
a waiver by the Port District of any greater
actual damages it may sustain as a result of
vessel's failure to vacate. Refusal to vacate
may result in denial of future berthing privileges.
SUBRULE 65 Loading and The service of loading and unloading does not 420
Unloading include such services as staking, stripping,
stenciling, sacking, sorting, weighing, etc., nor
the material used.
SUBRULE 66 Mixed When two or more articles, having different 425
Shipments loading or unloading rates are handled in
mixed carloads, the charge on the total weight
of the mixed shipment will be the carload rate
applicable to the article taking the highest
carload rate, except where there is a minimum
carload or more of one commodity in the
shipment, in which event charges will be
assessed on the basis of the rate applicable to
the carload commodity plus charges on the other
commodities at less than carload rates except
when lumber and timber is unloaded from the
same car, in which event charges will be
assessed at the at the timber rate if 25% or more
of the load consists of timber.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 024
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 67 Double or Shipments requiring two or more cars will be 430
Triple Loads charged at the rates for each car handled.
SUBRULE 68 (N) Freight All vessels, their owners, agents and stevedores 435
Handling or others renting cranes and/or other equipment
Equipment use on the wharves shall be subject to the
conditions and charges set forth in this tariff.
Cranes and/or other equipment are presumed to
in good operating condition when turned over
to user, but the Port District will not be
responsible for delays caused by the breakdown of equipment, nor for delays from
failure of current,
or other causes.
Charges for operators of cranes and/or other
equipment will be made by the Port District, but
it is expressly understood the Port District acts
solely as agent of the user in engaging operators
and paying them for their services.
The operator, as well as cranes and/or other
equipment is turned over to the user and is
under the user's orders and supervision and user
accepts sole responsibility and liability for any
damage or injury of whatever nature to property
or persons caused by the operation of such cranes
and/or other equipment, including damages to
the property of the Port District. For limits
of liability shown in this subrule and all other
subrules, see Subrule 50 (D). The Port District
reserves the right at any time to stop the operation
of cranes and/or any other equipment that does not
appear to be in the proper operating condition and
make repairs, or to to decline to rent its cranes
and/or other equipment.
SUBRULE 69 Cancellation When application has been made for use of any 440
of Orders for freight handling equipment and order is
Equipment canceled after such equipment is made ready for
use, the minimum charge for such equipment
shall apply.
SUBRULE 70 Overtime The straight-time working day shall be from 445
8:00 A.M. to 12:00 Noon, and from 1:00 P.M.
to 5:00 P.M., Mon.-Fri., overtime shall be
applicable for all other time periods on a
surcharge basis in addition to regular charges.
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 025
RULES
Rule 34: (Cont'd)
Subject: Regulations (Cont'd) Item
SUBRULE 71 Holidays The holidays observed under the labor contract 450
for labor performing loading, unloading, and
other Port services at the Port are as follows:
New Year's Day Emancipation Day
Martin Luther King's Birthday July 4th
Presidents Day Labor Day
Texas Independence Day Veterans Day
Good Friday Thanksgiving Day
Memorial Day Christmas Day
No work shall be performed on Christmas Day
except in case of fire or when property is in
danger.
SUBRULE 72 (N) Health All vessels mooring at the Port District facilities 455
Regulations shall comply with all United States Public Health
Service regulations applying at this Port.
SUBRULE 73 Switching All orders for the switching of cars at the Port 460
Cars District must be in writing and in the hands of
the Harbor Master no later than 10:30 A.M. to
insure proper handling.
SUBRULE 74 (N) Penalties Whoever shall do any of the acts or things 465
prohibited by this Tariff, or willfully neglect
or refuse to do any of the acts or things required
by this tariff, or in any way violates any of its
provisions, shall be deemed guilty of a
misdemeanor, and upon conviction thereof in a
court of Orange County, shall be punished by a
fine of not less than $10.00 and not more
than $200.00
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION TWO Original Page No. 026
Revision No. 1
RULES
Rule 34: (Cont'd)
Subject: General Rates and Charges Item
SUBRULE 75 General (A) All charges shown refer to vessels, barges, 470
or facilities at Alabama Street Terminal, except
where otherwise specified.
(B) All charges are shown in dollars and cents
per short ton (2000 lb.), except where otherwise
specified, and all applicable sales, use, etc ...
taxes will be added as required by law.
(C) The Port District reserves the right to enter
into contractual agreements for rates and charges
other than shown here based on volume, seasonal
fluctuations, time constraints, and other specific
circumstances. These agreements will be filed with the
Federal Maritime Commission on or before the effective
date of such rates and charges.
(D) Tariff users should consult Definitions,
Applications, Rules and Regulations Sections
for further information.
SUBRULE 76 (N) Clean A charge will be made against agents, 475
Up owners, or operators, for cleaning up
their assignments, including Transit sheds
wharf apron and will be based on the amount
of cargo loaded or discharged as follows:
Tons Charge
Minimum $ 220.00
500 to 999 290.00
1,000 to 1,999 360.00
2,000 to 2,999 440.00
3,000 to 4,999 580.00
5,000 to 7,999 725.00
8,000 to 11,999 870.00
12,000 and over 1,150.00
SUBRULE 77 - Deleted June 5, 2000
Issued: May 1, 1999 Effective: June 5, 2000
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION THREE Original Page No. 027
RULES
Rule 34: (Cont'd)
Subject: General Rates and Charges Item
SUBRULE 78 (N) Cargo The Port or the Port's authorized contractor 485
Handling will assess a charge of seventy-five ($.75) cents
Checking/ per ton of cargo against the stevedore loading
Receiving/ the vessel for services of checking, receiving,
Stacking (A) and stacking cargo in transit sheds.
SUBRULE 79 (N) Use of A charge of $.80 per net ton plus applicable 490
Pallets sales tax will be assessed to stevedores for use
of port owned pallets to load or unload
cargo to/from vessels or other conveyances.
SUBRULE 80 Shed or Charges shall be assessed against vessels, 495
Open Dock agents, owners or operators loading or
discharging cargo, in tons of 2000 lbs as follows:
Tons Charge
Minimum $ 220.00
500 to 999 290.00
1,000 to 1,999 360.00
2,000 to 2,999 440.00
3,000 to 4,999 580.00
5,000 to 7,999 725.00
8,000 to 11,999 870.00
12,000 and over 1,150.00
SUBRULE 81 Fresh Water A charge will be made against vessels, their 500
owners, agents , or any person or company for
fresh water furnished by the Port District.
(A) Meter Installation ........... $25.00
(B) Water per short ton ........... $ .75
(C) Minimum ....................... $50.00
SUBRULE 82 Stevedoring (A) Facility Use Fee - $0.10 per 2000 lbs. 505
Use Fees (B) Franchise Fees - No fee currently assessed.
(C) Annual Fee - No fee currently assessed.
SUBRULE 83 Terminal Use Containers, Vans, Flatbeds or Railcars 510
containing inbound or outbound cargo not
arriving or leaving the Port by oceangoing
vessels or barges will be assessed terminal use
charges as follows:
Containers/vans, flatbeds each $150.00
Railcars, each 400.00
These charges will be assessed against vessels,
their owners or agents and do not include
loading or unloading charges.
Issued: May 1, 1999 Effective: August 1, 2004
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
SECTION FOUR Original Page No. 028
RULES
Rule 34: (Cont'd)
Subject: Dockage Rates and Charges Item
SUBRULE 84 General (A) All charges shown refer to vessels, barges, or 515
facilities at Alabama Street Terminal, except where
