RULE: 16 - PROVSIONS GOVERNING THE HANDLING OF HAZARDOUS CARGO Eff: 31JAN2022
| Effective | 31JAN2022 |
|---|---|
| Filed | 31JAN2022 |
| 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:
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.
