FIRE PROTECTION:

Smoking is prohibited on facilities except in designated areas.

The handling of explosives over port facilities requires advance notice and approval by appropriate regulatory agencies.

Storage and use of fuel for machines and equipment is permitted only as designated by the port director.

When welding, cutting, burning, heating or other hot work is to be done on vessels or on wharves at port facilities, a gas free certificate issued by a marine chemist must be obtained and a copy filed with the operations manager prior to commencing work. Fire watch rules of the Port Arthur Fire Department, copies of which are available from the port operations office, must be observed.

FREE-TIME:

A Thirty (30) days in sheds. Sixty (60) days on open wharf. Free time begins immediately upon placement on port facilities and each 24 hours or part thereof constitutes a day's time, weekends and holidays not excluded. After expiration of free time, demurrage will be assessed at rates shown in item No. 520.

GENERAL RULES APPLYING TO MACHINERY:

All vessels, their owners, agents or stevedores, or others, hereinafter called "USER", using cranes or other equipment on the wharves are subject to the following conditions:

(1) The Port Authority acts solely as the agent of the USER in engaging operators of cranes and other equipment.

(2) Cranes and other equipment are under the USER's supervision and orders, and USER accepts sole responsibility and liability for any damage or injury to property or persons caused by the operation, including damage to Port Authority property.

(3) User is required to show proof of adequate insurance protecting the operators of cranes and other equipment, the Port Authority and others from personal injury or property damage occasioned by the operation, use or possession of cranes and equipment.

(4) The user will satisfy himself of the physical condition and capacity of cranes and other equipment and competency of the operators.

(5) The Port Authority is not responsible for delays caused by breakdown of cranes or other equipment.

(6) The Port Authority reserves the right to refuse to rent its cranes or other equipment, or to terminate its use or lease at any time.

(7) Credit will be allowed for breakdowns occasioned by mechanical failure of Port Authority equipment when not due to misuse, abuse, overloading or carelessness of user. Credit will be cumulative and allowed on the basis of actual time lost.

HARBOR OBSTRUCTIONS

No piles shall be driven, nor shall any platform be erected, nor shall any filling in, or construction, repairs, alterations, removals, dredging or demolition of any kind be made on any part of the waterfront under the jurisdiction of the Port Authority without written approval therefore being first hand and obtained from the Port Authority and Engineers, United States Army. Upon information of the sinking of any boat, barge or other vessel in the channel-way of the Sabine Neches Canal or its navigable tributaries, within the jurisdiction of the Port Authority, or in any of the docks thereof, the Port Authority shall give written notice to the Owner, Master, or such other Agent having charge thereof to raise and remove such obstruction within fifteen (15) days after the date of said notice, under a penalty of $100.00 payable to the Port Authority, and in case of refusal or neglect of the parties interested as aforesaid, to raise and remove any such obstruction within the time specified in said notice, it shall be the further duty of said Port Authority to have it raised and removed at the expense of the Owner, Master or Agent and the said boat, barge or other vessel, together with the cargo thereof shall be subject to a lien in the hands of the said Port Authority until the expenses of the removing and raising shall be fully paid to it; and the said Port Authority is hereby authorized to sell at Public Auction to the highest bidder, for cash, all such property or so much thereof as is necessary to pay all the expenses of raising and removing, together with the penalty aforesaid and the cost of sale, and shall return the surplus, if any, of such sale to such person or persons as shall be legally entitled to receive the same.

The Port Authority before proceeding to sell such property as aforesaid, shall give ten days notice by printed hand bills, to be posted in conspicuous places, some of them in the immediate neighborhood of said locality, setting forth a full description of said property to be sold together with the same time and place of selling same. Should the sum realized from such sale be insufficient to pay all of the expense of said sale, then and in such case, said Port Authority shall require the Agent or Owners to pay the deficit.

 

HEALTH REGULATIONS:

The Port facilities shall comply with all United States Public Health Service Regulations applying at this Port.

INSURANCE:

Each user shall maintain at its own expense such insurance as is necessary to protect against all claims for damages, risks of losses, and contractual indemnities covered by this tariff, and shall secure and maintain policies with the minimum limits and other requirements as follows:

1.

(a) Standard Texas Workers' Compensation Insurance.

(b) Employer's Liability Insurance

(1) Per accident $1,000,000
(2) Per occurrence $1,000,000
(3) Disease $1,000,000

(c) Coverage in compliance with the U.S. Longshoremen's and Harbor Workers' Act and Admiralty Coverage.

2. Combined General Liability ("XCU")

(a) Commercial Single Limit $1,000,000

(b) General Aggregate $2,000,000

3. Comprehensive Automobile Liability (Owned, Hired and Non-Owned Vehicles) Combined Single Limit $1,000,000.

(4) Contractual Liability Insurance covering the indemnity provisions of this tariff in the same amount and coverage as provided for the commercial general liability policy.

(5) Umbrella Policy $5,000,000 (applicable to general liability and automobile liability).

All insurance must be written by insurers licensed to conduct business in the State of Texas, unless otherwise permitted by the Port Authority. The Port Authority reserves the right to demand that any insurer furnish to the Port Authority certificates of insurance reflecting insurance coverage in accordance with the requirements of this tariff. However, failure of the Port Authority to demand such certificates shall not be deemed a waiver of the user's obligation to provide insurance coverages as prescribed in this tariff. In the event that the user fails to perform any of its obligations hereunder with respect to insurance, with or without the knowledge or consent of the Port Authority, then the user shall itself be an insurer to the extent it has failed to perform such obligations.

The user shall be solely responsible for obtaining at its own expense, any insurance covering any loss or damage to the user's cargo or the user's other property.

(A) Users of the facilities of the Port Authority shall be held responsible for all damage to the property of the Port Authority occasioned by them, and any such damage shall be repaired, with the costs of the repairs billed against the user responsible for such damage at cost plus twenty percent (20%).

(B) In any legal action brought by the Port Authority to enforce the terms of this tariff, including any action to recover damages to property of the Port Authority, caused in whole or part by a user of the facilities, the Port Authority shall be entitled to recover from the user its attorney fees, costs and expenses reasonably incurred in connection with such legal action.

The service of line handling for mooring, unmooring, and shifting of vessels is performed by the Port of Port Arthur. Charges for these services are published in Item No. 550.

Vessel's agents must place an order with the Port at least two hours in advance and specify the time and wharf at which line handling is required. Orders may be cancelled up to two hours prior to the time at which the service is required, or charges will be assessed.

The steamship owner or charterer is responsible for payment of all charges for line handling, and billing will be against the vessel.

All charges not paid by the vessel, its owner or charterer will be billed to the vessel agent.

The service of loading/unloading cargo to/from rail cars and trucks will be performed by the Port Authority or its authorized contractors. The Port requires scheduling in advance of all receipts and delivery of breakbulk cargo by rail cars or trucks. Cargo to be loaded or unloaded on Saturday, Sunday or Monday must be scheduled by 3:00 p.m. the preceding Friday. Trucks that arrive after their scheduled time slot or without a scheduled time slot will be considered unscheduled and may not be serviced immediately. The Port will make every attempt to serve unscheduled or late trucks during the day of arrival, but this cannot be guaranteed.

The Port Authority reserves the right to require overtime if loading or unloading of cars or trucks cannot be performed during straight time. Additional services performed in overtime status are published in Subrule 93.

The Port Authority's loading/unloading contract stevedore is required to furnish pallets on which cargo will be placed in transit sheds. The stevedore named to load the cargo aboard ship will then have use of the pallets and is responsible for returning empty pallets to the shed.

To reimburse loading/unloading contractor for stacking cargo in ship's berth and for use of pallets, a charge will be assessed by the contractor against the stevedore loading the vessel.

Charges will be invoiced to the stevedore loading the vessel with appropriate invoices submitted by the loading/ unloading contractor. Payment of charges will be required within ten (10) days after receipt of invoices. Invoices outstanding in excess of thirty (30) days will result in loss of credit and all future shipments will require payment in advance of release of cargo to loading stevedore. See Item No. 505 for pallet charges.

Personal vehicles will not at anytime be allowed to be parked inside the transit shed. Parking of personal vehicles will be confined to designated areas so as to not interfere with cargo operations as determined by Port Authority. Violations of this rule will eliminate the privileges of individuals parking personal vehicles within the fence line of the Port facility.

(A) Except in cases of its own liability, the Port Authority shall not be liable for any loss or damage to any cargo handled over or through its facilities or stored in its facilities resulting from fire, water, collapse of buildings, sheds, platforms or wharves, settling of floors or foundations, breakage of pipes or for loss or damage caused by rats, mice, moths, weevils or other animals or insects, frost or the elements, nor shall it be liable for any delay, loss or damage resulting from strikes, tumult, insurrection or acts of God.

(B) The Port Authority is not a common carrier and does not accept care, custody or control of any cargo or other property while on or in the wharves, docks, transit sheds, warehouses or other facilities managed and controlled by the Port, nor engage in warehousing or issue warehouse receipts.

The Port Authority may quote special charges, rules, or regulations to government agencies or charitable organizations which will be duly filed with the Federal Maritime Commission as required under the Shipping Acts of 1916 and 1984.

In any legal action brought by the Port Authority to enforce the terms of this tariff, including any action to recover damages to property of the Port Authority, caused in whole or in part by a user of the facilities, the Port Authority shall be entitled to recover from the user its attorney fees, costs and expenses reasonably incurred in connection with such legal action.

All users of Port Authority facilities are held responsible for cleaning the facilities after using them. The Port Authority reserves the right to clean and sweep such facilities, and charges for the service are based on the amount of cargo loaded or discharged. See Item No. 470 for charges.

Cargo placed in ship's berth shall be considered in full custody of the Steamship Owner and/or agent until removed. This applies to both inward and outward cargo, regardless of whether same has been duly receipted for to its owners by the steamship carriers or their agent.

(A) Steamship owners and/or their agents are expected to furnish the service of dock clerks to owners of cargo for same when it is received and unloaded by the Port Authority. In the absence of such service, the provisions of Subrule 46, item 320 shall govern.

(B) When outward cargo for a specified vessel arrives and is unloaded by the Port Authority prior to request for assignment of berth as provided in Subrule 30, Item 240 such cargo will be held at the sole risk and responsibility of the lifting vessel, its Owners and/or Agent, regardless of when berth is requested or assigned and subject to the same conditions defined in Paragraph (A) hereof.

Cancelled. For rules and rates governing Port Arthur International Seafarer's Center, please see Subrule 95.

Shed/wharf hire will not be charged:

(1) Vessels not loading or discharging cargo.

(2) when cargo is loaded/discharged directly to/from ships or barges and cars or trucks.

Stevedoring companies desiring to operate over the public wharves must file an application with the Port Authority and must furnish Certificates of Insurance on their Workmen's Compensation and Employers' Liability; Automobile Bodily Injury and Property Damage, Comprehensive General Liability and U.S. Longshoremen and Harbor Workers Act. The Port Authority reserves the right to establish minimum coverage limits. Rules and conditions are on file in the Port Authority office.

Stevedores operating over the public wharves will be assessed a dock operation charge, which is in addition to wharfage, handling and any other charges provided herein, and will be required to post a franchise fee. The dock operation charge will be assessed according to the aggregate total of cargo handled, import, export or domestic. Franchise fee and dock operating charges are not yet in effect.