RULE: 16 - HAZARDOUS CARGO Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
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.
	
(APPLICABLE ONLY WHEN SPECIFIC REFERENCE IS MADE HERETO)
i. Unless otherwise provided, all Hazardous Cargo shall be
   subject to Hazardous Carge Surcharges of $20.00 per W/M.

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