RULE: 16 - HAZARDOUS CARGO, PROVISIONS GOVERING THE HANDLING OF Eff: 01MAY2026
| Effective | 01MAY2026 |
|---|---|
| Filed | 01MAY2026 |
| 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 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 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 herein,
all shipments of Hazardous cargo as defined in this Rule, when
accepted and transported by Carrier may be SBJ to a Hazardous
Cargo Surcharge named below, which charge shall be in addition to
all other applicable charges.
Any Hazardous Cargo Charge will be as provided on the individual
Web Rate Page (TLI) making reference hereto.
