RULE: 16 - PROVISIONS GOVERNING THE TRANSPORTATION OF HAZARDOUS CARGO Eff: 24JAN2022
| Effective | 24JAN2022 |
|---|---|
| Filed | 24JAN2022 |
| Filing Codes | IC |
Except as otherwise provided in paragraph 6. below, hazardous, explosive,
flammable or dangerous cargo, as defined in the publications named below,
will be accepted by the Carrier for transportation under the rules, charges
and rates named in this Tariff and NRAs governed by this Tariff which
contain rates applying on Hazardous Cargo:
1) ONLY after prior booking and arrangements have been made with and
accepted by the Ocean Carrier; and
2) ONLY when local regulations, ordinances and lawful authorities at
origin, destination or transshipment ports/points permit the handling of
such cargo at Carrier's or port terminals and facilities; and
3) ONLY when U.S. Coast Guard and/or local authority permits have been
obtained and complied with by Shipper and/or Consignee.
4) Carrier reserves the right to refuse to accept or transport cargo which,
in the judgement of the Carrier, is opprobrious or likely to injure
vessel, docks, terminals, rail cars, trucks or other cargo, or for which
the Carrier CANNOT provide or obtain safe and suitable terminal space or
stowage. Further Carrier will refuse any shipment of hazardous,
explosive, flammable, dangerous or objectionable cargo when shipping
containers, marking, labels, certifications, packing or packaging of
such cargo is NOT in accordance, and strict compliance, with the rules,
regulations and provisions in the publications named below.
5) All commodities required to be carried on-deck of transporting vessel,
either in the open or under cover, or which if stowed below deck must be
stowed in a "magazine", or which cannot be loaded or unloaded without a
permit from the U.S. Coast Guard, shall be considered hazardous or
dangerous cargo, and will be rated accordingly.
6) The hazardous cargo named below will NOT be accepted for transportation
by the Carrier or its connecting Carriers for transportation under the
rules, regulations governed by this Tariff:
i) Classes A and B explosives
ii) Radioactive Substances (IMCO Class No. 7)
7) All hazardous, explosive, flammable or dangerous cargo, when accepted by
the Carrier for transportation MUST be packed, labeled, placarded,
marked, stowed and secured (when in containers) and delivered in strict
accordance with:
A. U.S. Coast Guard Regulations (46 CFR Parts 146-179)
B. U.S. Department of Transportation Regulations (49 CFR Parts 170-179);
and
C. the International Maritime Dangerous Goods Code (IMCO -
published by the Inter-Governmental Maritime
Consultative Organization); and
D. all rules and regulations promulgated by applicable local, municipal,
state or foreign governments or authorities.
E. MUST have all Certifications, as required by law, annotated on the
B/L, Shipping Order and Cargo Receipt.
F. MUST have Shipper's attestation, when required, on the B/L and
Shipping Orders that the shipment contains no mix of non-compatible
hazardous materials and no hazardous waste as defined in the
regulations named above.
8) When booking hazardous cargo, Shipper and/or his agent MUST inform
Carrier accurately and completely of the true character of the cargo
together with the information noted below in writing, or it MUST be
confirmed in writing when arrangements and booking has been made
verbally.
A. The proper shipping name, including trade or popular name, of the
commodity followed by the technical name of the materials; and
B. The hazardous class, IMCO Code Number and UN Number (if any); and
C. The flash point or flash point range (when applicable); and
D. The applicable label(s) or placard(s) that must be placed on each
package or container, including labels communicating secondary and
tertiary hazards (when required); and
E. Identification of the type of packaging (e.g. drums, cylinders,
barrels, etc.); and
F. The number of pieces of each type of package; and
G. The gross weight of each type of package or the individual gross
weight of each package; and
H. The Harmonized Code, SITC or BTN number of the commodity; and
I. The types of certifications and Emergency Response Data required by
the regulations named in the publications listed above.
9) At the time hazardous cargo is tendered for transportation, all
documentation, certifications, transfer shipping papers (as required by
49 CFR 100-199 when applicable), and the Bill of Lading annotations
required under the regulations and provisions noted in the
publications listed above, MUST be furnished to originating carrier,
unless such documents have already been provided prior to tendering of
cargo. Carrier will compare declarations on all documentation provided
at the time of shipment for possible errors, however it is, and shall
remain, the sole responsibility of the Shipper to ensure that all such
documentation is correct and complete. Further, it is the Shipper's
responsibility to ensure that all pieces, packages and units in the
shipment are clearly and properly marked with the required labels and
placards.
10) When a shipment has been accepted by the Carrier for transportation and
subsequently an error is found in the required certifications,
packaging, labeling, placarding or other required notice or marking
requirement(s) and regulation(s), all damages, fines or penalties,
actual or consequential, shall be for the account of the party required
to provided such certifications, packaging, labels, placards, etc.
11) When required by law, governmental regulations, the regulations
specified in the publications listed above or by underlying VOCC
utilized, it is necessary to forward hazardous cargo separately from
non-hazardous cargo, the hazardous cargo will be considered and
handled as a separate shipment and rated accordingly. Additionally,
when a shipment contains 2 (two) or more hazardous articles...
1) which, under the provisions of the regulations specified in the
publications listed above, are prohibited from being loaded or stored
together, each article or group of incompatible articles in the
shipment will be considered and handled as a separate shipment and
rated accordingly.
2) All shipments of Hazardous cargo as defined in this Rule, when
accepted and transported by Carrier will be subject to the Hazardous
Cargo Surcharge named in the NRA governed by this Tariff (if any),
which charge shall be in addition to all other applicable charges.
