RULE: 16 - PROVSIONS GOVERNING THE HANDLING OF HAZARDOUS CARGO - EV HAZF Eff: 23NOV2024

Effective 23NOV2024
Filed 24OCT2024
Filing Codes CA

Control No. 24-04902
  
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 NRAs, or Rates named in Tariffs,
governed by this Tariff:
  
  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.
     
a. 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.
     
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 Carriers
   for transportation under the rules, regulations and
   rates named in NRAs, and Rate Tariffs, governed by 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:
  1. 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.
     
  2. MUST have all Certifications, as required by law,
     annotated on the B/L, Shipping Order and Cargo
     Receipt.
     
  3. 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.
     
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 has
   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. 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.
     
h. 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 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.
  
i. Except as otherwise provided on individual Web Rate Pages (TLIs),
   Paragraph c. above or as provided in any Exceptions named below, all
   shipments of Hazardous cargo as defined in this Rule, when accepted and
   transported by Carrier will be SBJ to an applicable Hazardous Cargo
   Surcharge named below, which charge shall be in addition to all other
   applicable charges.
  
   a. On Shipments containing Electric Vehicles (EVs) Carrier will assess
       the HAZF named below:
   
      Per Electric Vehicle: USD 100.00 Each

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