RULE: 16 - PROVSIONS GOVERNING THE HANDLING OF HAZARDOUS CARGO Eff: 22MAY2023

Effective 22MAY2023
Filed 22MAY2023
Filing Codes IC

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, WITHOUT the explicit prior approval of the Carrier:
     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.

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