Port of Orange Tariff

Tariff


 This Tariff 003, effective July 30, 2004, replaces, supersedes, and renders null and void any and all previous Tariffs promulgated by the Orange County Navigation and Port District.


PORT ORANGE, TEXAS

Rates - Charges - Rules - Regulations
FMC-T No. 003

TARIFF 003

cancels Tariff No. 002

FMC-T No. 1

The Orange County Navigation and Port District
P.O. Box 2410, Orange, Texas 77631-2410
l 409-883-4363 l Fax 409-883-5607 l

Issued: May 1, 1999 Effective: July 30, 2004
ORANGE COUNTY NAVIGATION AND PORT DISTRICT
TARIFF NO. 003
Original Page No. 001

FROM: TARIFF ORIGIN SCOPE TO: TARIFF DESTINATION SCOPE


TABLE OF CONTENTS

 

Subject   Item Rule Subrule Page
Section 1: Contents   34  
Gulf Seaports Marine Term. Conf   34 5 003
Section 2: Definitions 100-150 34 1-10 004
  Definitions (Cont'd) 155-195 34 11-19 005
  Definitions (Cont'd) 200-215 34 20-24 006
  Abbreviations: 220 34 25 006
  Abbreviations: (Cont'd) 220 34 25 007
  Metric Conversion Table 225 34 26 007
Section 2: Application        
  General 230 34 27 008
  Damage to Wharves, etc. 235 34 28 008
  Charges where        
  Applicable 240 34 29 008
  Cranes 245 34 30 008
  Explosives & Flammables 250 34 31 008
  Overloaded Railcars 255 34 32 008
  Insurance 260 34 33 009
  Port Charges 265 34 34 009
  Risk of Owners 270 340 35 009
  Shipside Rates 275 34 36 009
  Savings Clause 280 34 37 009
  Staking Cars 285 34 38 009
  Transhipped Cargo 290 34 39 010
Section 2: Regulations:        
  Payment of Charges 295 34 40 010
  Delinquent List 300 34 41 011
  Wharfage 305 34 42 011
  Free Time Wharfage 310 34 43 011
  Dockage Rules 315 34 44 012
  Application for Berth 320 34 45 013
  Mooring to Wharf 325 34 46 013
  Cleaning up Assignments 330 34 47 014
  Wharf Obstruction 335 34 48 014
  Protection Against Fire 340 34 49 014
  Loss or Damage 345 34 50 015
  Stevedore Insurance 350 34 51 016
  Property Damage 355 34 52 017
  Watchmen 360 34 53 017
  Complaints 365 34 54 017
  Tariff Application 370 34 55 018
  Consent to Tariff Terms 375 34 56 018
  Use of Facilities 380 34 57 018
  Access to Shipping
Records
385 34 58 018
  Bills-of-Lading 390 34 59 018
  Harbor Obstructions 395 34 60 019
  Disposal of Garbage 400 34 61 020
  Dumping Oil & Refuse 405 34 62 021

 

(Cont'd)


Issued: May 1, 1999 Effective: June 5, 2000

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

Original Page No. 002

FROM: TARIFF ORIGIN SCOPE TO: TARIFF DESTINATION SCOPE

TABLE OF CONTENTS


Subject   Item Rule Subrule Page
Section 2: Regulations (Cont'd)        
  Bilge Water Discharge 410 34 63 022
  Vessels to Vacate 415 34 64 022
  Loading & Unloading 420 34 65 023
  Mixed Shipments 425 34 66 023
  Double or Triple Loads 430 34 67 024
  Freight Hndlg. Eqpt. 435 34 68 024
  Cancellation of Orders 440 34 69 024
  Overtime 445 34 70 024
  Holidays 450 34 71 025
  Health Regulations 455 34 72 025
  Switching Cars 460 34 73 025
  Penalties 465 34 74 025
Section 3: General rates and Charges        
  General 470 34 75 026
  Clean Up 475 34 76 026
Deleted- Mooring/Unmooring 480 34 77 026
  Cargo Handling        
  Checking/Recv'g 485 34 78 027
  Pallet Use 490 34 79 027
  Shed or Open Dock 495 34 80 027
  Fresh Water 500 34 81 027
  Stevedore Use fees 505 34 82 027
  Terminal Use 510 34 83 027
Section 4: Dockage Rates and Charges        
  General 515 34 84 028
  Dockage 520 34 85 028
Section 5: Wharfage, Unloading, and
Loading Charges
       
  General 525 34 86 030
  Wharfage 530 34 87 031
  Paper 535 34 88 032
  Plywood or Lumber 540 34 89 032
  Woodpulp 545 34 90 032
  Hardboard 550 34 91 032
  Bagged Agricultural        
  Commodities 555 34 92 032
  All Commodities 560 34 93 032

Issued: May 1, 1999 Effective: June 5, 2000

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

SECTION ONE Original Page No. 003

RULES

RULE 34:SUBRULE 5

GULF SEAPORTS MARINE TERMINAL CONFERENCE

Federal Maritime Commission Agreement 224-200163

Approved December 2, 1988

Participating Members

(1) Board of Commissioners of the Port of New Orleans

(2) Board of Commissioners of Lake Charles Harbor and Terminal District

(3) Greater Baton Rouge Port Commission

(4) Orange County Navigation and Port District of Orange, Texas

(5) Mississippi State Port Authority at Gulfport

(6) Port of Beaumont Navigation District of Jefferson County, Texas

(7) Port of Houston Authority of Harris County, Texas

(8) Board of Trustees of the Galveston Wharves

(9) Alabama State Docks Department

(10) South Louisiana Port Commission, LaPlace, Louisiana

(11) Board of Navigation and Canal Commissioners of the Brownsville

Navigation District of Cameron County, Texas

(12) Board of Commissioners of the Port of Port Arthur Navigation District of Jefferson County, Texas

(13) Board of Commissioners of the Tampa Port Authority of Hillsborough 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.

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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

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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

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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.

 

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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

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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)

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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.

 

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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.

 

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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

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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 Districtmay, at its option, remove any or all cargo fromtransit sheds to any other part of its facilitiesor 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 afterexpiration of free time shall be assessed normal wharf demurrage charges.

SUBRULE 44 Dockage (A) Vessels mooring or tying up at public 315Rules mooring facilities of the Port District shall becharged dockage on the basis of Length Overall(LOA) of vessel as shown in Lloyd's Register ofShipping.However, the Port District reserves the right toadmeasure any vessel when deemed necessary,and use such measurements as the basis of thecharge.(B) Dockage charges are shown in the Rates andCharges Section and will accrue per day of24 hrs. or fractional part thereof, includingSaturdays, Sundays, and Holidays.(C) Dockage on all vessels and watercraft willbe charged from the time the vessel makes fastto the wharf or occupies the berth alongsideuntil free from and vacated such berth or wharf.(D) Dockage shall be charged on the basis ofstraight running time. Shifting from one wharfto another, or from one berth to another, willnot interrupt the straight running time.(E) The Port District may, at their option, quotecharges for long term berth assignments or speciallayberths for vessels upon application in advance.(F) Vessels waiting to load because ofunavailability of cargo will be charged dockageat a rate 50% of regular dockage rates.(G) Tugboats standing-by awaitingloading/unloading of barges at Port wharveswill not be charged dockage.(N) (H) The Port District reserves the right to refuseto allow any party or vessel, not complying withall 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, 320for Berth desiring a berth at the wharves shall, as far inadvance of the date of docking as possible,make application in writing for same on formsprescribed, specifying the date of docking,sailing and the nature and quantity of cargo tobe handled, application for berth to be made tothe Port District. Application for berth will beconstrued by the Port District to mean that allcharges will be promptly paid upon presentationof bill therefore and that all rules andregulations will be complied with.It shall not be incumbent upon the Port Districtto have bills for Port charges signed for bymasters of vessels following request by steamship agent for berthing space.

SUBRULE 46 Mooring to (A) All ships calling at the Port of Orange shall 325Wharf sound two long to Wharf and one short blast ator near ships approach.(B) No person shall make fast any rope or lineto any public pier or wharf, or to any shed, trackor piles supporting same, or to the fender piles,but must tie to the mooring piles, mooring bitsor cavil provided for this purpose.(C) It shall be unlawful for any vessel, or anyperson in charge of any vessel, to use anydolphin at the outer end of any wharf to break orwrap around, or turn around or swing such vesselat any wharf with the stern of such vessel againstthe wharf.(D) It shall be unlawful for any person to make anyvessel fast to a public wharf or mooring facilitiesexcept with such lines and in such manner aswill 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 toobstruct or prevent the free passage of any vesselto 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 expeditethe business at the port facilities, a vessel maybe moved by the Port District at the expense ofthe vessel accommodated, provided notice tomove shall first have been given to the masteror person in charge of such vessel, and theowner and the vessel shall be liable for alldamages that may arise thereby. For all limits ofliability shown in this and other subrules, see subrule 50(D).

(G) When a vessel elects to work overtime orholidays the vessel occupying berth and notworking shall give way at the expense of the vessel accommodated.

SUBRULE 47 Cleaning Agents or operators will be held responsible 330Up for the cleanliness of their assignments,Assignments including space in transit sheds where cargo isconcentrated and wharf apron over whichcargo is trucked to ship's tackle. Cleaningup will be performed under the supervision ofthe Port District which will direct the disposalof all refuse. Upon failure to clean up premiseswithin a reasonable time after the sailing of thevessel, same will be done by the Port Districtand bill rendered against the vessel, agent, operator or person concerned.

SUBRULE 48 Wharf Stevedore's tools, appliances and equipment, 335Obstruction donkey engines, coal screens, vehicles, or othermaterial or object which is not part of a cargomust be removed from the wharves and wharfpremises when directed by the Port. If any suchobstruction is not removed within 24 hours afternotice such material will be stored and sold bythe Port and $25.00 charged for each day thatthe 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 340Against to smoke, carry lighted pipes, cigars or cigarettes,Fire or carry or use portable open lights in or uponany structures.(B) Persons desiring to handle explosives in thePort of Orange over the public wharves, orelsewhere, will communicate in advance of theirarrival, 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 hazardousmaterial in the Standard Fire Insurance Policyof the State of Texas, or such material as hay,excelsior, or broom corn, or other inflammablematerial, shall be permitted to remain overnighton any port facilities, unless extensions of timeare specifically granted by the Port District.(D) The storage, keeping or use of gasoline,distillate or other liquid petroleum productsexcept lubrication oil, on premises under thecontrol of the Port District, except at suchlocalities as may be specifically designatedtherefore, is strictly prohibited; and at suchlocalities as may be designated therefore sameshall not be handled except between sunriseand sunset.(E) No person shall obstruct or interfere withthe free and easy access to, and except in caseof fire shall any person remove or in any mannerdisturb any fire extinguisher, fire hose, firehydrant, 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 345Damage to negligence but without waiving any of the PortNavigation District's legal rights to immunity, the Port DistrictDistrict will not be responsible for the damage to or lossProperty of any freight on its premises or of any freightbeing loaded or unloaded at the public wharves.The Port also will not be responsible for any delay tosame, nor for sheds by fire, water leakage ordischarge of water from sprinkler fire protectionsystem, collapse of buildings, sheds, platformsor wharves, settling of floors or foundations,rats, mice, moths, weevils, or other animals orinsects, frost, sweat, rust, mold, corrosion,shrinkage, decay, contamination, discolorationor the elements, nor will it be answerable forany delay, loss or damage arising from strikes,tumult, or acts of God. Any company havingfreight on the wharves, or in sheds will bepermitted 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 anddoes not accept care, custody, or control of anycargo or other property while on or in thewharves, docks, transit sheds, warehouses orother facilities managed and controlled by thePort District, nor does the Port District engage inwarehousing or issue warehouse receipts.(C) Except as may be caused by the Port District'sown negligence, but without waiving any of thePort District's legal right to immunity,users agree to indemnify and save harmlessthe Port District from and against all losses,claims, demands, and suits for damages,including death and personal, injury, andincluding court costs and attorney's fees,incident to, or resulting from their operationson the property of the Port District and theuse of its facilities. No provisions contained in thistariff shall limit or relieve the Navigation District fromliability for its own negligence, nor require anyperson's, vessels, or lessees to indemnify or holdharmless the Navigation District from liability for itsown negligence.(D) No provisions contained in this tariff shall limit orrelieve the Navigation District from liability for its ownnegligence, nor require any persons, vessels or lesseesto 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 350Insurance users performing stevedoring services shallRequirements keep in full force and effect insurancecovering its operations to be carried outupon or in connection with the facilities of theOrange County Navigation and Port District.COVERAGE LIMITSStevedore's Legal Liability $10,000,000Workers Compensation StatutoryEmployers Liability $1,000,000Longshore and Harbor Workers StatutoryAutomobile $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) 350negligence of the Port District, its agents,servants or employees, shall be excludedfrom such coverage.Such policy or policies shall contain a clausethat the insurer will not cancel or change suchinsurance without first giving the NavigationDistrict a thirty (30) day prior written notice ofintent to so cancel or change. Such insuranceshall be placed in a company or companieshaving a current Best's General Policy Holdersrating of A+ or A and a Best's Financial Ratingof at least XII, or their equivalents. A copy ofpolicy or policies of insurance, or certificate orcertificates of insurance, shall be delivered tothe Port District, or certificate or certificatesof 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 355Damage willfully or carelessly destroy, damage, disturb,deface, or interfere with any buoy, float, lifepreserver, sign, notice, apron, warehouse, wharfappurtenance thereto, or to any other portproperty whatsoever under the jurisdiction of thePort District. The expense of repairing said damagewill be charged against the person or vesselresponsible therefore, and in addition thereto anyperson 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 360at all time have on board at least one person incharge of said vessel who has authority to takesuch action, in any emergency, as may be required.(N)(B) The Port District provides watchmen for theprotection of its property. This service does notextend to protection of cargo upon its facilities.The Port District may require owners and/oragents of cargo placed upon its facilities to providespecial 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 370Application this tariff shall apply equally to all usersof the facilities, and shall apply on all trafficon the facilities on the effective date shown inthis tariff or any amendments thereto.Amendments shall be issued to cover changesin this tariff, but this tariff is subject to change without notice.

SUBRULE 56 Consent to The use of the facilities under the jurisdiction 375Terms of of the Port District shall constitute a consentTariff to the terms and conditions of this tariff, andevidences an agreement on the part of all vessels,their owners, agents and other users of suchfacilities to pay all charges specified in thistariff, and be governed by all rules and regulations herein contained.

SUBRULE 57 (N) Use of The Port District reserves the right to designate 380Facilities and regulate the use of all facilities; and theright to refuse to accept any and all cargo. ThePort District prohibits the placing and/or use onits properties of any mechanical equipment notowned by the Port District except by written permissionand for such charges as may be stipulated andonly then at the responsibility and liabilityof the user for any injury to persons or damageto the property of the Port District. The Portreserves the right to state which cargo may behandled direct to or from ships and to designatethe location where such handling will be permitted. Vessels discharging or loading ballast, sand, coal, scrap iron, or any loose material must usetarpaulins or stages from the ship's rail to thewharf or lighter to prevent such material falling into the water.

SUBRULE 58 Access to Vessels, their owner, agents and masters, and 385Shipping all other users of the facilities shall be requiredRecords to permit access to manifests of cargo, railroaddocuments and all other documents for the purposeof audit for ascertaining the correctness ofreports 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 395Obstructions platform be erected nor shall any filling in,or construction, repairs, alterations, removals,dredging or demolition of any kind be made onon any part of the water front under thejurisdiction of the Port District without awritten permit therefore being first had andobtained from the Port District.(B) Upon the information of the sinking of anyboat, barge or other vessel in the channel-wayof the tidewaters of the Sabine River or itsnavigable tributaries, within the jurisdiction ofthe 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 toraise and remove such obstruction within fifteendays after the date of said notice, upon a penaltyof $100.00 to and for the use of the Port Districtand, in case of refusal or neglect of the partiesinterested, as aforesaid, to raise and remove anysuch obstruction within the time specified in saidnotice, it shall be the further duty of the PortDistrict to have it raised and removed at theof the owner, master or agent and the boat,barge, or other vessel, together with the cargothereof, shall be subject to a lien in the hands ofthe Port District until the expenses of theremoving and raising shall be fully paid to it;and the Port District is hereby authorized to sellat public auction to the highest bidder for cash,all such property or so much thereof as isnecessary to pay all the expenses of raising andremoving, together with the penalty aforesaidand the cost of sale; and, shall return the surplus,if any, of such sale to such person or persons asshall be legally entitled to receive the same.The Port District before proceeding to sell suchproperty as aforesaid, shall give ten days noticeby at least twenty printed hand bills, to be postedin conspicuous places, some of them in theimmediate neighborhood of said locality, fullysetting forth a full description of said propertyto be sold, together with the time and place ofselling 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, thePort District shall require the agent or owners to pay the deficit.

SUBRULE 61 Disposal Annex V of the International Convention for the 400of Garbage Prevention of Pollution from Ships (MARPOL)GSMTC 73/79 and the U.S. Coast Guards ImplementingRegulations (33 CFR, parts 151, 158)require that reception facilities be availablefor those vessels which have indicated, inadvance, the need to dispose of ship-generatedgarbage.In order to accommodate the needs of shippingand commerce through this Port, the Board hasfiled an application for a certificate of adequacywith the Captain of the Port, U. S. Coast Guardfor garbage reception facilities. Grantees of aFirst Call on Berth Privilege or assignees of aberth, or their designees, shall provide uponrequest, the reception facilities which meet therequirements contained in the appropriateregulations. Grantees, assignees, or their designeesshall require a 24-hr notice of vessel's intent todischarge garbage at any public terminal facilitywithin the Port District so as not to cause anyundue delay to vessels.Reception facilities for food, plant, meat, andother potentially infectious waste shall beprovided by grantees or assignees, when requestedby the vessel, in accordance with the aboveand with the with the requirements set forthin 7 CFR 330 and 9 CFR 94. These regulationfood wastes must be handled at a facilityapproved by the Animal and Plant HealthInspection Service (APHIS). A listing ofapproved transporters and treatment facilitiesis 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 facilitiesavailable 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 405and Refuse deposit or cause, suffer, or procure to be thrown, GSMTC discharged, deposited, either from or out of anyship, barge or other floating craft of any kind,or from the shore, wharf, manufacturingestablishment or mill of any kind, any refuse matteror other substance of any kind or description whateverinto the waters of the harbor; and it shallbe unlawful to deposit, or cause, suffer or procureto be deposited, material of any kind in anyplace or on the bank of any water, where thesame shall be liable to be washed into suchwater, either by ordinary or high tides, stormsor floods or otherwise, whereby navigationwithin the corporate limits of the harbor shallor may be impeded or obstructed; provided thatnothing herein contained shall extend to, oror apply to, or prohibit operations in connectionwith the improvement of the Port of Orange, orthe construction of public works considerednecessary and proper by the Port Districtand provided further that nothing hereincontained shall extend to, apply to, or prohibitthe depositing of such material above mentionedin such navigable waters within such limits asmay be defined, and under such conditions asmay be prescribed by the proper Officer of theUnited States Corps of Engineers.It shall be unlawful for any person to pump,discharge or deposit, or to cause or permit to bepumped, discharged or deposited or to pass orallow to escape in or into the waters of theharbor any oil, spirits or inflammable liquid,or any coal tar, or refuse, or other carbonaceousmaterial or substance, or any product orcompound thereof, or any bilge water containingany of the said materials or substances.The National Committee for the Prevention ofMarine Pollution (NCPMP) has issued regulationsto implement requirements for waste oilreception facilities. These regulations arecontained in the International Convention forthe 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 handlingtankers or ocean going ships of over 400 grosstons to have facilities for receiving vessel oilywaste and slops, which MARPOL requires thesevessels retain on board in lieu of dischargingoverboard at sea.The port authority will obtain, throughcontractual agreement, a company acceptable tothe U.S. Coast Guard to provide these facilities.It is the responsibility of the vessel to provideships agent(s) a minimum of twenty-four(24) hours advance notice, the amount and type ofwaste that will be discharged upon the vessel'sarrival. Upon receipt of the notification, theagent(s) is/are required to contact a Departmentof Transportation approved company, who willhave the facilities available for the discharge of oily residues.

SUBRULE 63 Bilge Bilge water cannot be discharged in any manner 410Water into the waters within the limits of the PortDischarge District.Within theNavigation If a vessel, through its owners, charters, masterDistrict or agents have the need to dispose of bilge water,arrangements can be made with a private firmto provide this service.Information on the service available fromprivate 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 415Vacate any berth when it is deemed that the continuedGSMTC presence of such a vessel at such berth would bea potential hazard to the vessel, the berth, thefacilities or the rights or property of safety ofothers. Such situations include, but are notlimited to potential natural disasters such ashurricanes, 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 425Shipments loading or unloading rates are handled inmixed carloads, the charge on the total weightof the mixed shipment will be the carload rateapplicable to the article taking the highestcarload rate, except where there is a minimumcarload or more of one commodity in theshipment, in which event charges will beassessed on the basis of the rate applicable tothe carload commodity plus charges on the othercommodities at less than carload rates exceptwhen lumber and timber is unloaded from thesame car, in which event charges will beassessed 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 435Handling or others renting cranes and/or other equipmentEquipment use on the wharves shall be subject to theconditions and charges set forth in this tariff.Cranes and/or other equipment are presumed toin good operating condition when turned overto user, but the Port District will not beresponsible 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 otherequipment will be made by the Port District, butit is expressly understood the Port District actssolely as agent of the user in engaging operatorsand paying them for their services.The operator, as well as cranes and/or otherequipment is turned over to the user and isunder the user's orders and supervision and useraccepts sole responsibility and liability for anydamage or injury of whatever nature to propertyor persons caused by the operation of such cranesand/or other equipment, including damages tothe property of the Port District. For limitsof liability shown in this subrule and all othersubrules, see Subrule 50 (D). The Port Districtreserves the right at any time to stop the operationof cranes and/or any other equipment that does notappear to be in the proper operating condition andmake 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 440of Orders for freight handling equipment and order isEquipment canceled after such equipment is made ready foruse, the minimum charge for such equipment shall apply.

SUBRULE 70 Overtime The straight-time working day shall be from 4458:00 A.M. to 12:00 Noon, and from 1:00 P.M.to 5:00 P.M., Mon.-Fri., overtime shall beapplicable 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 450for labor performing loading, unloading, andother Port services at the Port are as follows:New Year's Day Emancipation DayMartin Luther King's Birthday July 4thPresidents Day Labor DayTexas Independence Day Veterans DayGood Friday Thanksgiving DayMemorial Day Christmas DayNo work shall be performed on Christmas Dayexcept in case of fire or when property is in danger.

SUBRULE 72 (N) Health All vessels mooring at the Port District facilities 455Regulations 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 460Cars District must be in writing and in the hands ofthe 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 465prohibited by this Tariff, or willfully neglector refuse to do any of the acts or things requiredby this tariff, or in any way violates any of itsprovisions, shall be deemed guilty of amisdemeanor, and upon conviction thereof in acourt of Orange County, shall be punished by afine 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, 470or facilities at Alabama Street Terminal, exceptwhere otherwise specified.(B) All charges are shown in dollars and centsper short ton (2000 lb.), except where otherwisespecified, and all applicable sales, use, etc ...taxes will be added as required by law.(C) The Port District reserves the right to enterinto contractual agreements for rates and chargesother than shown here based on volume, seasonalfluctuations, time constraints, and other specificcircumstances. These agreements will be filed with theFederal Maritime Commission on or before the effectivedate 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, 475Up owners, or operators, for cleaning uptheir assignments, including Transit shedswharf apron and will be based on the amountof cargo loaded or discharged as follows:Tons ChargeMinimum $ 220.00500 to 999 290.001,000 to 1,999 360.002,000 to 2,999 440.003,000 to 4,999 580.005,000 to 7,999 725.008,000 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

Return to Top

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 485Handling will assess a charge of seventy-five ($.75) centsChecking/ per ton of cargo against the stevedore loadingReceiving/ 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 490Pallets sales tax will be assessed to stevedores for useof port owned pallets to load or unload cargo to/from vessels or other conveyances.

SUBRULE 80 Shed or Charges shall be assessed against vessels, 495Open 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 500owners, 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. 505Use Fees (B) Franchise Fees - No fee currently assessed. (C) Annual Fee - No fee currently assessed.

SUBRULE 83 Terminal Use Containers, Vans, Flatbeds or Railcars 510containing inbound or outbound cargo notarriving or leaving the Port by oceangoingvessels or barges will be assessed terminal usecharges as follows:Containers/vans, flatbeds each $150.00Railcars, each 400.00These 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

Return to Top

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 515facilities at Alabama Street Terminal, except where

otherwise specified.

 

(B) All charges are shown in dollars and cents pershort ton (2000 lb.), except where otherwisespecified, and all applicable sales, use, etc... taxeswill be added where required by law.(C) The Port District reserves the right to enterinto contractual agreements for Rates and Chargesother than shown here based on volume, seasonalfluctuations, time constraints, and other specificcircumstances.(D) Tariff users should consult Definitions,Applications, Rules and Regulations Sections for further information.

 

SUBRULE 85 (A) Dockage (A) Vessels will be charged dockage based on 520the Length Over All (LOA) of the vessel asshown in Lloyd's List of Shipping atthe following rates per foot per 24 hour day:LOA IN FEET RATE PER FOOT PER 24-HR. DAY

0 - 199     $ 2.11

200 - 399 $ 2.77

400 - 499 $ 3.91

500 - 599 $ 5.26

600 - 699 $ 6.02

700 - 799 $ 7.76

800 - 899 $ 9.34

900 - Over $11.17

(B) Inland Barge, Tug Boats and other

Small Craft:

LOA IN FEET RATE PER FOOT

PER 24-HR. DAY

74 or less $ 50.00

75 - 100 60.00

101 - 200 115.00

(Cont'd))

Issued: November 14, 2003 Effective: November 18, 2003

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

SECTION FOUR Original Page No. 029

RULES

Rule 34: (Cont'd)

Subject: Dockage Rates and Charges Item

SUBRULE 85(Cont'd) 201 - 300 200.00 520

301 - 400 250.00

(C) LASH/Seabee Barges:

Charge per day: $ 50.00

LASH/Seabee/River Barges fleeting or held in

port when space is available will be assessed

a fleeting charge of $10.00 per day per barge.

Fleeting charges do not apply after start of

loading or unloading operations.

(D) Minimum - Any vessel:

Charge per day: $50.00

(E) Ocean- going barges:

Charges will be determined by the Port before

docking, but in no instance shall the charge be

greater than LOA rates as shown in this item.

(F) The Port District may enter into special

written dockage agreements for berth

assignments for layberthing and/or repairs.

Issued: May 1, 1999 Effective: June 5, 2000

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

Return to Top

SECTION FIVE Original Page No. 030

RULES

Rule 34: (Cont'd)

Subject: Wharfage, Unloading, and Loading Charges Item

SUBRULE 86 General (N)(A) All charges shown refer to vessels, 525barges or facilities at Alabama Street Terminal,except where otherwise specified, apply for theservice of wharfage, loading or unloadingrailcars or trucks at wharves or piers, whichservice is performed by the Port District or itssubcontractors.(B) All charges are shown in dollars and centsper short ton (2000 lbs.) except where otherwisespecified, and all applicable sales, use, etc...taxes will be added as required by law.(C) The Port District reserves the right to enterinto contractual agreements for rates and chargesother than shown here based on volume, fluctuations,seasonal fluctuations, time constraints, and otherspecific circumstances.(D) Tariff users should consult Definitions,Applications, Rules and Regulations Sectionsfor further information.(N)(E) Rates on Request - All handling services atthe Port District are provided by stevedoring firmslicensed by the Port Authority and servicesperformed under this tariff must be at publishedrates contained herein. It is the sole responsibilitysole responsibility of the stevedoring firmperforming handling services under "rates uponrequest" to file those rates with the PortAuthority, and the Federal Maritime Commissionas required by the Shipping Act of 1984 priorto any service being rendered under such rates.Stevedoring firms licensed by this Port Authorityagree to and shall defend, indemnify and holdharmless the Port Authority from and against anyand all claims, fees, fines, assessments, penalties,actions, proceedings, and damages, including attorneys'fees and litigation expenses related thereto inconnection with the Federal Maritime Commissionfor handling services for commodities under"rates upon request", or, generally, from their providing such services.

Issued: May 1, 1999 Effective: August 1, 2004

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

SECTION FIVE Original Page No. 031

RULES

Rule 34: (Cont'd)

Subject: Wharfage, Unloading, and Loading Charges Item

SUBRULE 87 Wharfage (A) Free Time 5301) Cargo in lots of less than 3,000 ntscheduled to be loaded on or cargodischarged from vessels shall be allowed30 days free time on terminal property.2) Cargo in any quantities shipped underP.L. 480 Title One or Two, and cargo inlots of more than 3000 nt scheduled to beloaded on or cargo discharged from vesselsshall be allowed 30 days free timeon terminal property.3) Requests for extensions of free timemust be in writing and directed to theOrange County Navigation and Port District.B) Wharf Demurrage1) A charge will be assessed cargo forcovered storage after expiration of freetime at a rate of 5 cents per net ton,per day, or fractional part thereof.2) A charge will be assessed for openstorage after expiration of free time at therate of 2 cents per net ton per day orfractional part thereof.3) Wharf demurrage charges shall ceasewhen actual loading begins of vesselscheduled to lift the cargo or at the timecargo is removed from terminal property.  (N)(C) BulkThe wharfage charge on all commoditiesmoving in bulk shall be $1.25 cents, per netton, or fraction thereof.(D) Minimum/MaximumGSMTC 1) Minimum wharfage rates for generalcargo, excluding dry and liquid bulk andbagged goods, shall be not less than$1.75 per net ton, or fraction thereof.2) The maximum charge of wharfage on allcommodities shall be $1.80 per net ton, or fraction thereof.

Issued: November 14, 2003 Effective: November 18, 2003

ORANGE COUNTY NAVIGATION AND PORT DISTRICT

TARIFF NO. 003

SECTION FIVE Original Page No. 032

RULES

Rule 34: (Cont'd)

Subject: Wharfage, Unloading, and Loading Charges Item

Wharfage Unloading Loading

SUBRULE 88 535PAPER, CONTAINERBOARD, FIBERBOARD, KRAFT, LINERBOARD,NEWSPRINT, PULP BOARD AND WASTEPAPER, In rolls, 36" diameter .20 2.60 4.25

SUBRULE 89 PLYWOOD OR LUMBER 540Bundled on flatbed trucks and strapped for forklift handling. Weights perbundle - 500 lbs. minimum, 4500 lbs. maximum.From flatbed trucks (side hndlg) .20 2.40 5.00From rail box cars (excl.lumber) .40 3.60 6.80

SUBRULE 90 WOODPULPIn sheets unitized, palletized or in bales, weighing not less than 450 lbs. 545per unit or per bale. .20 6.00 6.20

SUBRULE 91 HARDBOARD 550In bundles suitable for forklifthandling to trucks.Weight per bundle 500 lbs min.4500 lbs. maximum. .20 4.80 2.60Minimum 13 trucks per day .20 2.25 2.60

SUBRULE 92 ALL BAGGED AGRICULTURAL COMMODITIES: for human 555

consumption, except as otherwise provided.

(R)(A) In sacks; over 52 lbs. .20 2.60 8.64

(A) In sacks, under 52 lbs. .20 4.35 8.64

(B) In sacks; on pallets: .20 1.85 3.95

NOTE 1 - Minimum cargo weight per truck, 42,000 lbs. Minimum daily

booking 336 net tons.

NOTE 2 - Pallets on flat bed trucks only, with pallets accessible for forklift

unloading from the side of the truck.

NOTE 3 - Trucks must be available for unloading from 8:00 a.m. to 4:30 p.m.

allowing thirty minutes per truck.

SUBRULE 93 (A) ALL COMMODITIES: for which charges are not 560

otherwise provided:

1.75 10.50 10.75

(B) ALL COMMODITIES: in palletized units, not otherwise

provided for, loaded in a manner permitting satisfactory

satisfactory handling, as a single unit by the use of forklift

trucks, and each unit or pallet must weigh not less than

500 lbs nor more than 6,000 lbs.:

1.75 7.75 8.00

   

 

 

 

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