RULE: 16 - CARRIER PROVISIONS FOR HANDLING HAZARDOUS CARGO Eff: 12MAY2009

Effective 12MAY2009
Filed 12MAY2009
Filing Codes C

Except as otherwise provided in paragraph c. 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 ONLY:
    
  1. after prior booking and arrangements have been made
      with and accepted by the UPS and its underlying
      Carriers; and
  2. 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. when U.S. Coast Guard and/or local authority permits
      have been obtained and complied with by Shipper and/or
       Consignee.
     
a. Carrier reserves the right to refuse to accept or
   transport cargo which, in the sole judgment of the
   Carrier, is hazardous, corrosive, noxious 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.
     
b. 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, for Tariff purposes, hazardous or dangerous
   cargo, and will be rated accordingly.
     
c. The hazardous cargo named below will NOT be accepted for
   transportation by the Carrier or its connecting or
   underlying Carriers for transportation under the rules,
   regulations and rates named in this Tariff:

     Classes A and B Explosives
     Radioactive Substances (IMCO Class No. 7)
     
d. All hazardous, explosive, flammable or dangerous cargo,
   when accepted by the Carrier for transportation MUST:

 1. 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.
     
 2. have all Certifications, as required by law, annotated
    on the B/L, Shipping Order and Cargo Receipt.
     
 3. 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.
     
e. 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 have been made
   verbally.
     
 1. The proper shipping name, including trade or popular
     name, of the commodity followed by the technical name
     of the materials; and
 2. The hazardous class, IMCO Code Number and UN Number (if
     any); and
 3. The flash point or flash point range (when applicable);
     and
 4. 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
 5. Identification of the type of packaging (e.g. drums,
     cylinders, barrels, etc.); and
 6. The number of pieces of each type of package; and
 7. The gross weight of each type of package or the
     individual gross weight of each package; and 
 8. The Harmonized Code, SITC or BTN number of the
     commodity; and
 9. The types of certifications and Emergency Response Data
     required by the regulations named in the publications
     listed above.
     
f. 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 insure that all such documentation is correct and
   complete.  Further, it is the Shipper's responsibility
   to insure that all pieces, packages and units in the
   shipment are clearly and properly marked with the
   required labels and placards.
   
g. In the event any governmental and/or port authority
   require special handling and/or storage for hazardous
   materials or dangerous goods as defined in this Rule, the
   Carrier shall be authorized to take any action required
   by such authority and all additional charges and expenses
   shall be for the account of the cargo.
  
h. When a shipment has been accepted by the Carrier for
   transportation and subsequently an error is found in the
   required certifications, packaging, labeling, placards 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 provide such certifications, packaging,
   labels, placards, etc.
     
i. MIXED SHIPMENTS OF INCOMPATIBLE HAZARDOUS CARGO OR MIXED
    SHIPMENTS CONTAINING BOTH HAZARDOUS AND NON-HAZARDOUS
    CARGO:
   When required by law, governmental regulations, the
   regulations specified in the publications listed above or
   by the 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 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.

j. All applicable Hazardous Cargo Handling Charges assessed
   by UPS shall be published in the Sub-Rules to this Rule
   in each Tariff rate section.

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