RULE: 16 - HAZARDOUS CARGO Eff: 11SEP2020
| Effective | 11SEP2020 |
|---|---|
| Filed | 11SEP2020 |
| Filing Codes | I |
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 named herein and the Rates
named in individual NRAs ONLY:
1. After prior booking and arrangements have been made
with and accepted by the Ocean Carrier; and
2. 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. 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 in 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 and regulations named in this
Tariff nor any NRAs governed by this Tariff:
i. IMDG Class 1 Hazardous Cargo, Excluding IMDG 1.4,
if no Special License or Permission is Required;
and
ii. Radioactive Substances (IMDG 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
(IMDG - published by the International Maritime
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 Bill of Lading, Shipping Order and Cargo Receipt.
3. MUST have Shipper's attestation, when required, on the
Bill of Lading 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 have been made verbally.
1. The proper shipping name, listed in the IMDG regulations, of
the commodity followed by the technical name of the materials;
and
2. The hazardous class, IMDG Code Number and UN Number; 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 provide such certifications, packaging, labels,
placards, etc.
h. When required by law, governmental regulations, or the regulations
specified in the publications listed above, 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 two (2) 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.
