Tariff 100-A Section Six

 

Section Six

RULES AND REGULATIONS

ITEM 600 (C) 9-15-2004
JURISDICTION OF THE PORT COMMISSION OF THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS
The geographical boundaries of the Port Authority are co-extensive with Nueces and San Patricio Counties, Texas, and the Port Authority through the Port Commission exercises jurisdiction over the waterways and public port facilities and all vessels using the waterways. The Port Commission has the power and authority to regulate and fix charges for the use of the Terminal Facilities.

The Port Commission is authorized to make and enforce rules and regulations to facilitate navigation and commerce, and to ensure safe and equal conveniences to every User. All vessels using the waterways shall conform to these rules and regulations. These rules and regulations are to apply within the Portís jurisdictional waters unless otherwise stated herein. All Users of the Terminal Facilities, by their use, consent to be bound by Tariff 100-A including these rules and regulations as they exist or may be amended from time to time.

Refusal or failure to comply with these rules and regulations may result in an order to vacate a Terminal Facility, or to cease loading or unloading or any other order deemed necessary or advisable by the Executive Director, Port Commission or Harbormaster.

 

ITEM 601
AUTHORITY TO BOARD VESSELS
Any vessel within Port Authority jurisdiction must permit port employees to board the vessel at any time to carry out Port Authority business.

 

ITEM 602
RIGHT TO MOVE VESSELS
Whenever, in the opinion of the Harbormaster it is deemed necessary, or advisable in order to facilitate navigation and commerce, or for the protection and safety of a vessel or vessels or other property, that any vessel in the waterways be moved or the position thereof changed, the Harbormaster may order and enforce the removal or shifting of such vessel at the vesselís expense to such place as may be assigned for the vessel. Written or oral notice of any order may be given the master or another person in charge of the vessel, who shall comply with the order. In case of failure or neglect to comply with such order, the Harbormaster has the right to cause the vessel to be moved or removed as ordered at the expense and risk of the vessel and her owners, agents and charterers.

 

ITEM 603
MANNING OF VESSELS
All self-propelled vessels in the Port's jurisdictional waters shall be manned at all times by at least one person with authority to take charge of the vessel and carry out the orders of the Harbormaster to act in case of emergency. Such vessel shall also be manned at all times by and with a sufficient crew to take any action required by the Harbormaster or in an emergency, unless the vessel is in lay-up status.

 

ITEM 604
PROPER AND SAFE MOORING OF VESSELS
Vessels moored to any Terminal Facility shall use a sufficient number of lines in good condition and of adequate size and strength to assure that the vessel is properly and safely moored and the vessel shall be breasted against the breasting structure as closely as possible with mooring lines taut at all times.

At Terminal Facilities mooring lines shall be placed only on structures provided for the purpose of mooring vessels and shall not be made fast in any way to any other portion of the Terminal Facility including supporting piles or fender piles.

 

ITEM 605
MOORING STRUCTURES
The Port Authority provides and maintains mooring structures at each dock it owns. The Port Authority hereby expressly disclaims any representation or warranty of suitability or adequacy of its mooring structures for use by a vessel. The Port Authority or port employees will not be liable for damages resulting from the failure of any mooring structure found by a vessel or her crew unless caused by the negligence of the Port Authority. All defects or inadequacies in mooring structures at a Terminal Facility must be promptly reported to the Harbormaster.

 

ITEM 606
RESPONSIBILITY FOR INJURY OR LOSS OF CARGO
Except for damage or injury caused by its negligence, the Port Authority will not be responsible for the injury or loss of any cargo being loaded or unloaded at the Terminal Facilities, or while on wharves or in warehouses awaiting shipment or delivery, and will not be responsible for any delay to same; nor will the Port Authority be responsible for injury to or loss of cargo at its Terminal Facilities caused by fire, smoke, leakage or discharge of water from fire protection sprinkler systems; collapse of building, shed, wharves, subsidence of floors or foundations; breakage of pipes, nor for loss or injury 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 arising from combination of strikes, tumult, insurrection, or acts of God; nor from any of the consequences of any of these contingencies unless the same is caused by Authority's negligence.

 

ITEM 607
SPEED OF VESSELS IN THE INNER HARBOR
Vessels entering the Inner Harbor may not exceed a safe maneuvering and steerage speed and will not create any unusual wake. Vessels violating the speed restriction described herein are liable for any damage to any Terminal Facility caused by unusual wake.

 

ITEM 608
USE OF TERMINAL FACILITY TO REDUCE SPEED OF VESSELS PROHIBITED
Vessels may not make fast, tie or fasten lines of any kind or size to any part of a Terminal Facility for the purpose of reducing the vesselís speed, and they will he held responsible for any damage caused by doing so.

 

ITEM 609
USE OF TRANSFER FACILITY FOR TURNING VESSELS PROHIBITED
The use of any part of any Transfer Facility to turn vessels is prohibited, and violators will be held responsible for any damage caused by doing so.

 

ITEM 610
BERTHING OF VESSELS ABREAST
Ships or Ocean Barges must not berth abreast of another vessel at any Transfer Facility or private port facility without written permission from the Harbormaster. Barges must not berth abreast in the canals in Rincon Industrial Park without written permission from the Harbormaster. Barges in the Port of Corpus Christi must berth in accordance with the Harbormasterís instructions.

 

ITEM 611
REPORTING ACCIDENTS
Any fire, accident, pollution, or other casualty of any kind whatsoever, occurring on a dock or involving a vessel, or onboard a vessel on the waterways, whether within or outside the Inner Harbor, must be reported immediately to the Harbormaster by telephone, radio or by other means available. Oil and chemical spills entering or having the potential to enter navigable waters must be reported immediately to the Harbormaster as stated in Item 670 herein.

A collision between vessels or a collision between a vessel and stationary object, must be reported to the Harbormaster and Authority in a written report of same within 72-hours of the event, be furnished to the Authorityís executive director separately by the pilot and the master, owner or agent of the vessel, provided, however, in the case of a minor collision where a vessel is underway and proceeding to the open sea, there being no need of repair, said report may be mailed by the master of the vessel from the next port at which it calls, and provided further that, in all cases of collision, a report by the vessel's master, owner or agent does not relieve the pilot of his duty to report within the specified time.

 

ITEM 612
SAFE AND STRONG GANGWAY
Ships and all Barges must have a safe, strong and properly secured gangway of adequate length to permit the safe passage of persons to and from the vessel. If the Authority questions the safety of a gangway, the U. S. Coast Guard shall make the determination of adequacy.

 

ITEM 613 (C) 9-15-2004
SWIMMING AND FISHING PROHIBITED
Swimming, snorkeling, recreational scuba diving and fishing within the limits of the Inner Harbor are prohibited. Violators will be subject to prosecution.

 

ITEM 614
USE OF FIREARMS
The possession or use of any firearm by any person, whether unlicensed or licensed pursuant to Texas Government Code, Subchapter H, upon the waters of the Port Authority or on land owned by the Port Authority is prohibited. Persons authorized by the Port Authority to use or possess firearms are hereby exempt from the provisions of this Item. All bona fide law enforcement personnel are exempt from these provisions. Private security guards, couriers or agents delivering or receiving monies to or from vessels moored at public port facilities are also hereby exempt.

 

ITEM 615
LIABILITY FOR DAMAGE TO PORT AUTHORITY PROPERTY
Users causing damage to or destruction of Port Authority property shall be liable to the Port Authority for all costs, including attorney's fees, of repair or replacement of all property damaged or destroyed.

If damage is caused to any Terminal Facility or other property of the Port Authority, the User to whom such Terminal Facility or other property has been assigned must make a written report of the occurrence to the Authorityís Executive Director, including the date and time the damage occurred, a description thereof, the names, addresses and business connections of such User, and the parties, or persons causing such damage, as well as the names, addresses, and business connections of witnesses to the occurrence, and all other available pertinent facts and information with respect thereto. Such report shall be made within 48-hours following the occurrence that causes the damage; however, a verbal report shall be made immediately to the Harbormaster.

 

ITEM 616
PLEASURE CRAFT AND AMPHIBIOUS AIRCRAFT PROHIBITED IN THE INNER HARBOR
Unless authorized by the Authority or on government business, pleasure boats, fishing boats, non-commercial small boats and other recreational watercraft, including but not limited to, canoes kayaks, rowboats, sailboats, sailboards, jet skis, rafts, tubes, and amphibious aircraft, may not operate in the Inner Harbor.

 

ITEM 617
REPORTING DEFECTIVE AIDS TO NAVIGATION
Except in Rincon Canal, the U. S. Coast Guard maintains lights and aids to navigation located along the Corpus Christi Ship Channel and its navigable tributary channels. Lights that are not burning or aids that are damaged or not in their proper position will be reported to the office of Captain of the Port, U. S. Coast Guard, Corpus Christi, Texas or to the Harbormaster's office.

U.S. Coast Guard Corpus Christi	Telephone 361-939-2251
Harbormaster's Office	Telephone 361-882-1773 or
		361-882-4932 (Emergencies)

 

All aids to navigation discrepancies in the Rincon Canal must be reported to the Harbormaster.

 

ITEM 618
DISCHARGE OF ANY WASTE, INCLUDING DIRTY BALLAST, PROHIBITED
The discharge of waste of any kind or form whatsoever, including dirty ballast, garbage and plastic into the waterways or upon any Terminal Facility or private port facility is prohibited unless permitted under Annexes I, II or V or MARPOL (International Convention for the Prevention of Pollution from Ships).

 

ITEM 619
CLEANING OF BOILER TUBES BY BLOWING PROHIBITED
Vessels propelled by steam are prohibited from cleaning boiler tubes by blowing them down while in the jurisdiction of the Port Authority.

 

ITEM 620
PERMIT REQUIREMENTS WHEN MAKING REPAIRS OR OTHER ACTIVITIES INCLUDING WELDING, BURNING, RIVETING OR OTHER SIMILAR OPERATIONS
Activities in the Port of Corpus Christi such as repairs or operations involving welding, burning, riveting or other fire producing actions or ìhotwork,î not permitted on any tank vessel (tank ship or tank barge) until (a) an inspection has been made to determine that such activities can be undertaken safely and (b) a ìhotworkî permit has been issued by the U.S. Coast Guard Captain of the Port. The inspection must be made by a certified marine chemist and a certificate issued by the chemist certifying the vessel is safe and free of gas and stating the number of hours that such activities are expected to take. Such activities may not begin until a berth is assigned by the Harbormaster. Areas on vessels requiring a hotwork permit for repairs or alterations includes but are not limited to:

Activities such as those stated in the first paragraph of the Item including "hotwork" on freight or non-tank vessels not carrying explosives or dangerous cargoes does not require a "hotwork" permit, nor will the Coast Guard issue a permit in such cases. However, all such "hotwork" should be carried out under the supervision of qualified vessel personnel, and be in keeping with good marine practice. The Coast Guard Captain of the Port has the right to require a permit for non-tank vessels in special circumstances. Also, a "hotwork" permit may be required on any vessel conducting repairs or alterations while at a Terminal Facility where dangerous cargo or explosives are located, loaded or discharged.

"Hotwork" on all Terminal Facilities under the jurisdiction of the Port Authority where there is handling, storing, stowing, loading, discharging or transporting of oil or hazardous materials does not require a hotwork permit issued by the U. S. Coast Guard. However, all "hotwork" on public oil and cargo docks that are a part of Authority's Terminal Facilities must comply with the requirements of 33 Code of Federal Regulations 154.735. The Harbormaster's office must be advised of any activities involving welding, burning or "hotwork".

 

ITEM 621
LINES REQUIRED FOR EMERGENCY WORK
At the discretion of the Harbormaster, all self-propelled vessels berthed at any Terminal Facility or private port facility may be required to place wire lines, forward and aft on the offshore side of the vessel, extending down to a point just above the water, for use in towing the vessel in case of emergency.

 

ITEM 622 (C) 7-15-01
BUNKERING OF VESSELS
Vessels may be bunkered from barges or fixed dock valves, manifolds or piping provided the Harbormaster is notified in advance of same and U. S. Coast Guard regulations for oil transfer are complied with. Bunkering of ships from a barge is prohibited when the ship is loading cargo with a flashpoint of 105 degrees (F) or less.

 

ITEM 623
USE OF ANCHORS FORBIDDEN WHILE VESSELS BERTHED
Except in an emergency at the direction of the ship's master or pilot, ships may not use anchors while berthed at any Terminal Facility. Anchors must be in their raised position while the vessel is moored to a Terminal Facility. The Harbormaster shall be notified immediately if an anchor is released into the water.

 

ITEM 624
OBSTRUCTION OR REMOVAL OF FIRE FIGHTING APPARATUS PROHIBITED
Except for use to fight a fire, no person shall obstruct or interfere with the access to, nor in any manner, disturb any fire extinguisher, fire hose, fire hydrant or any other fire fighting appliance installed in or upon any Terminal Facility.

 

ITEM 625
SIGNAL TO BE USED IN CASE OF FIRE
In the event of fire on board any vessel, the vessel shall sound a continuous blast of the whistle for a period of not less than 10 seconds as an alarm indicating a fire on board or at the Terminal Facility or private port facility to which the vessel is moored. Such signal shall be repeated at intervals to attract attention, but it shall not be considered as a substitute for, but shall be used in addition to, other means of reporting a fire. This signal shall not be used for any other purpose.

To communicate with the Refinery Terminal Fire Company, the City Fire Department and Harbormaster to report a fire, call the following telephone numbers:

Refinery Terminal Fire Company	882-7801
City Fire Department	911
Harbormaster	882-1773
Harbormaster Emergency Only	882-4932

 

The Harbormaster's office may notify by radio on the following marine frequencies:

Channel 12 - 156.6 MHz and Channel 16 - 156.8 MHz
Call letters KKQ796 HARBOR

 

ITEM 626
RESPONSIBILITY FOR REPORTING HAZARDOUS CARGO
Except for tank vessels designed for transporting flammable materials, the master of any vessel entering the Port shall advise the Harbormaster immediately upon docking of hazardous cargo aboard the vessel, including any gunpowder, dynamite or other explosives, or flammable materials stating the quantity and the location of each in the vessel. The master shall comply with any instructions issued by the Harbormaster pertaining to such cargo and the handling thereof.

 

ITEM 627
EXPLOSIVES CLASS "A" AND MILITARY EXPLOSIVES
For the protection and safety of Nueces County, Texas, and its inhabitants, and any Terminal Facility or private port facility, as well as vessels and all other watercraft, the transportation, handling, loading discharging or stowage of commercial Class ìAî explosives or military explosives, (except small arms ammunition without explosive bullets) is subject to the following rules and regulations.

 

ITEM 628
HANDLING OF HAZARDOUS MATERIALS
Materials classified as hazardous by the U. S. Coast Guard or the U. S. Department of Transportation will be accepted by the Port Authority for handling in waterborne commerce only if such materials and the manner in which they will be handled comply with U.S. Coast Guard and U. S. Department of Transportation rules and regulations governing the transport or handling of hazardous materials and all OSHA applicable federal and state laws and municipal ordinances, and any rules and regulations issued pursuant thereto.

For the protection and safety of the citizens of Nueces County, Texas, and the Terminal Facilities or private port facilities the Harbormaster may issue such directives concerning the safe handling of hazardous materials within or upon the Waterways.

The Port Authority may refuse the use of its Waterways or its Terminal Facilities for the handling of hazardous materials, which are considered by the Harbormaster as constituting undue risk to a Terminal Facility or the citizens of Nueces County, Texas.

 

ITEM 629
OBSERVANCE OF LOAD AND STACKING LIMITATIONS AT TERMINAL FACILITIES
Any User desiring to use a Terminal Facility for the handling of cargo of a kind that might exceed Terminal Facility load limits or stacking limitations or in any way might damage or endanger such Terminal Facility, must first obtain written permission or special instructions, from the Harbormaster.

 

ITEM 630
SMOKING AND OPEN FIRES PROHIBITED
Except in designated smoking areas, smoking or open fires, matches or cigarette lighters is prohibited at any Terminal Facility.
All vessels at Terminal Facilities display suitable signs about the deck, written in language to which the ship belongs, as well as in English, stating the areas where smoking is not allowed. It shall be the masterís responsibility to see that the crew, workers and others on board the vessel comply with this regulation.

 

ITEM 631
PREVENTING SPILLAGE OF VARIOUS MATERIALS INTO THE INNER HARBOR
The Harbormaster may require vessels loading or unloading dry bulk commodities in the Inner Harbor to stretch protective cloth, plastic or other similar materials or devices between the dock and the vessel to prevent spillage of such materials into the Inner Harbor.

 

ITEM 632
HANDLING OF DRY BULK COMMODITIES LEFT ON TERMINAL FACILITIES
Users handling dry bulk commodities at Terminal Facilities must, at their cost, remove as directed by the Harbormaster, all such commodities left at the Terminal Facility. If the same are not promptly removed, the Harbormaster may have the commodities removed and all costs thereof, plus 20%, will be charged to the User.

 

ITEM 633
SHIFTING VESSELS AHEAD OR ASTERN WITH LINES
Vessels may be shifted ahead or astern with lines at a Terminal Facility and without a pilot, only if the Harbormaster is so notified in advance of shifting and approves shift.

 

ITEM 634
STORAGE OF EQUIPMENT AND MATERIALS FOR HANDLING CARGO IN OR ON TERMINAL FACILITIES
Storage of equipment or materials (except flammable materials) in or on a Terminal Facility if necessary for handling cargo is permitted only on a temporary basis in areas designated or approved by the Harbormaster. The Harbormaster may direct in writing conditions for stored equipment or materials to be moved from a storage area, and if such direction is not complied with the Harbormaster may remove all equipment and materials from the area in question and store same at the expense of the owner of the equipment or materials.

 

ITEM 635
USE OF FIRE EXTINGUISHERS AND MUFFLERS ON CARGO HANDLING POWER EQUIPMENT
All cargo handling equipment powered by internal combustion engines working in or on a Terminal Facility must be equipped with proper spark arrestor mufflers and National Fire Protection Association approved fire extinguishers which must be readily accessible in the area where such equipment is working or attached to such equipment. Powered cargo handling equipment must not be fueled on any Terminal Facility where cargo of flammable or explosive nature is being handled or stored. All fueling must be done in areas approved by the Harbormaster.

 

ITEM 637
STORING CARGO ON ROADWAYS AND STREETS PROHIBITED
Cargo may not be stored on any public roadway or street adjacent to or near any Terminal Facility unless permitted by the Harbormaster.

 

ITEM 638
USE OF ANY DEVICE OTHER THAN DEVICES PROVIDED FOR OPENING TERMINAL FACILITY DOORS IS PROHIBITED
Terminal Facility doors are equipped with door opening devices. Opening doors by any other means such as forklifts, cranes, levers, etc., is prohibited. Users shall report any inoperative door to the Harbormaster. Users failing to comply with this rule will be responsible for damage caused by failure to do so.

 

ITEM 639
BUNKERING FROM TANK TRUCKS (C) 7-15-01
Bunkers or fuel oil delivery by tank truck will be permitted at any public dry cargo Terminal Facility only by written permission of the Harbormaster and at a place or places designated and approved by the Harbormaster for such purpose. Trucks must be grounded before loading begins. Bunkering is not permitted at any Terminal Facility designated as an oil dock during cargo transfer operations. Bunkering or fueling may not proceed until the U. S. Coast Guard declaration of inspection (DOI) has been properly completed and signed. All bunkering operations shall comply with the previsions of Items 649 herein.

 

ITEM 640
AUTHORITY OF HARBORMASTER TO ACT IN EMERGENCIES
Notwithstanding anything in this tariff to the contrary, the Harbormaster has the ability to take any action deemed necessary or advisable by the Harbormaster to prevent or handle emergencies.

 

ITEM 641
HAZARDOUS CONDITIONS
If hazardous conditions of any kind develop during any loading, unloading or any other type of operation at any Terminal Facility or private port facility, operations shall cease immediately and the Harbormaster shall be notified.

 

ITEM 642
RESPONSIBILITY FOR PREPARING TANK VESSELS FOR SAFE LOADING AND UNLOADING
During loading or unloading of tank vessels at any Terminal Facility designated as an oil dock, a shipís officer, or certified tankerman who is properly licensed and qualified and familiar with the loading or unloading operations must be on duty at all times. A sufficient number of experienced crewmembers must also be on duty at all times for the safe loading or unloading of cargo.

Prior to and during all cargo and fuel transfer operations, all scuppers must be properly plugged and sea valves closed and sealed. The shipís officer, or tankerman, in charge must be a licensed officer or certified tankerman and must inspect the vessel to assure that it is ready for loading or unloading. Loading or unloading shall not begin until a representative of the User loading or unloading the vessel has given approval to start, the required means of communication has been established, and the U.S. Coast Guard declaration of inspection (DOI) has been properly completed and signed.

 

ITEM 643
RESPONSIBILITY FOR OIL DOCK OPERATION
Any user of any public port facility designated as an oil dock for loading or unloading vessels, (which loading and unloading shall include the operation of valves and displacing of pipe lines or transfer of products between owners) shall be responsible for having dock personnel experienced in handling flammable materials present at the public port facility at all times during transfer and/or loading or unloading.

 

ITEM 644
HATCHES AND ULLAGE HOLES REQUIRED TO BE CLOSED WHILE VESSELS ARE BEING LOADED OR UNLOADED.
During the loading or unloading of tank vessels or tank barges at Terminal Facilities, all hatch covers must be closed. All Ullage openings except those in tanks being loaded or unloaded must be properly plugged during cargo transfer operations. Approved flame screens must be in ullage openings during loading or unloading except while sampling, checking or topping off the tanks. Unless the vessel is gas-free, all hatches and ullage openings must be closed when any tug boat or other vessel is alongside and shall not be opened until danger of sparks or other sources of ignition no longer exist.

 

ITEM 645
REPAIRS TO VESSELS AT TERMINAL FACILITIES DURING LOADING OR UNLOADING
Repairs to a vessel at a public port facility designated as an oil dock during loading or unloading of the vessel is limited to minor repairs. Such repairs may not be made without written approval of the Harbormaster, and if required, the Coast Guard Captain of the Port will issue a "hotwork" permit. During such repairs the main propulsion plant of the vessel may not be disabled, and must be able to propel the vessel upon order of the Harbormaster.

 

ITEM 647
PROCEDURES FOR DOCKMEN TO FOLLOW IN CASE OF FIRE OR RUPTURED HOSE
In case of fire, ruptured hose or major leak at any Terminal Facility designated as an oil dock, the dockmen shall immediately stop cargo operations.

 

ITEM 648
LOADING OR UNLOADING NOT PERMITTED WHILE TUGS OR TOWBOATS ARE ALONGSIDE VESSEL
Except as permitted by the Harbormaster, tugboats, towboats or supply vessels are not be permitted alongside a tank ship at any Terminal Facility or private port facility designated as an oil dock while the vessel is loading or unloading. Other vessels may be permitted alongside for bunkering as provided in Item 622 herein.

 

ITEM 649
HOSE CONNECTIONS USED TO TRANSFER OIL, ETC., TO A SHIP
Hoses used to transfer oils, lubricants or chemicals to a ship from a facility that can readily change location, other than a vessel, may not have any joints or connections over, on, or under the water. Hoses used for this purpose must be of high quality, in good repair, comply with applicable U. S. Coast Guard regulations at 33 Code of Federal Regulations 154. Portions of the hose may be suspended over the water, floating on the water, or submerged as long as the hose is one continuous length in the area over, on, or under the water.

 

ITEM 650
LOADING OR UNLOADING DURING STORMS
In addition to requirements contained in the applicable U. S. Coast Guard regulations, the Harbormaster may direct the discontinuance of loading or unloading at any Terminal Facility or private facility designated as an oil dock during electrical storms, high winds, or at any time during inclement weather.

 

ITEM 651
LOADING OR UNLOADING TO, FROM OR BETWEEN TANK VESSELS PROHIBITED
Direct loading or unloading of cargo from tank barge to tank ship, tank barge to tank barge, tank ship to tank barge, or tank ship to tank ship is prohibited at any Terminal Facility designated as an oil dock unless approved in writing by the Harbormaster.

 

ITEM 652
OPERATION OF WINCHES PROHIBITED WHILE VESSELS ARE LOADING OR UNLOADING FLAMMABLE MATERIALS
Vessel winches may not be operated during the loading or unloading of flammable materials at any Terminal Facility or private port facility designated as an oil dock unless the winches are of the type designed to handle lines or hoses necessary to load or unload flammable materials.

 

ITEM 653
VAPOR PROOF FLASHLIGHTS
Vapor proof flashlights approved by the Mine Safety and Health Administration (MSHA) and required by the U. S. Coast Guard must be used exclusively aboard tank vessels or tank barges on any Terminal Facility or private port facility designated as an oil dock when flammable materials are being loaded or unloaded.

 

ITEM 654
BEST MANAGEMENT PRACTICES TO PREVENT POLLUTION OF HARBOR WATERWAYS FROM STORM WATER AND OTHER SOURCES
Users must take every possible precaution to prevent pollution of the Waterways. POCCA requires that Best Management Practices (BMPs) be observed to prevent pollution of the Waterways from storm water or other port sources.

By memorandum, the Executive Director shall specify those BMPs that are to be employed by POCCA, its lessees, and those who operate on or use Terminal Facilities. A copy of the Executive Directorís Memorandum shall be available for inspection at POCCAís Administrative Offices at 222 Power Street, Corpus Christi, Texas 78401, and may be amended from time to time as Authority deems necessary or convenient.

 

ITEM 655
FIRE FIGHTING SERVICES AVAILABLE
Fire fighting services are available from the Refinery Terminal Fire Company, a non-profit corporation which owns and operates fire fighting equipment and maintains limited supplies of chemicals for extinguishing petroleum fires and equipment and materials for fighting other kinds of fires.

Upon written request directed to the Refinery Terminal Fire Company by the master, agent or other person in charge of any vessel, the fire fighting services of the Refinery Terminal Fire Company will be requested for the vessel by the Harbormaster. If such services are rendered, the vessel, her owners and charterers must pay the Refinery Terminal Fire Company for the fire protection services rendered.

The Authority may, in the interest of public safety of its Waterways, its Terminal Facilities, or other vessels on the Waterways when determined by Authority's Executive Director or Harbormaster, request the Refinery Terminal Fire Company render fire fighting services for any vessel, her owners, agents, or charterers. If such services are rendered, the vessel, her owners, agents, and charterers must pay to the Port Authority the cost incurred by it for the services rendered by the Refinery Terminal Fire Company.

The services of the Refinery Terminal Fire Company may also be used if the Authority's Executive Director or Harbormaster deems it necessary or advisable in the interest of public safety for the citizens or property of Nueces County, Texas, Authority employees, Users or the general public on or near a Terminal Facility or other property owned by the Port Authority when there is a fire or hazard involving public or privately owned vehicles or other types of equipment or property of any kind. If such service is rendered the owner or operator of the vehicle or any other type of equipment or property must pay the cost of fire services of the Refinery Terminal Fire Company.

Nothing contained herein shall be construed as obligating the Port Authority to furnish or render fire fighting services or to collect charges incurred for such services. The Port Authority is not responsible for the failure or refusal of the Refinery Terminal Fire Company or any other party to render such services and is not responsible for their errors and omissions.

 

ITEM 657
CARGO PUMPS AT SHORE TERMINALS SERVING TERMINAL FACILITIES MUST BE EQUIPPED WITH BYPASSES
Pumps used for transfer of cargo between shore and vessels berthed at any Terminal Facility designated as an oil dock which are capable of building up pressure in excess of 125 pounds per square inch on the cargo hose must be equipped with bypasses, relief valves, or other approved means of preventing excessive pressure on the cargo hose due to closed valves or obstructions in the hose. Pressure relief devices shall be set to function so that the designed pressure strength of the cargo hose will not be exceeded. Relief devices must be tested at least once a calendar year and written certification made that such devices are functioning properly.

 

ITEM 658
QUALITY AND TESTING OF CARGO HOSES
U. S. Coast Guard rules and regulations require that cargo hoses used at Terminal Facilities and private port facilities designated as oil docks be stenciled with the name of the product for which the hose may be used, the maximum allowable working pressure, and the hose marked for identification. The date of manufacture and date of last test may be omitted if the information is recorded at the facility of the person or entity using the hose. Coast Guard rules state that the test pressure must not be stenciled on the hose. Supports for cargo hoses shall be provided which will prevent chafing or kinking of the hose during cargo transfer operations. Users must comply with these rules.

 

ITEM 659
USE OF COMPRESSED AIR TO DISPLACE CARGO HOSE LIQUIDS PROHIBITED
The use of compressed gas, including compressed air, is not permitted to displace the liquid in cargo hoses in service at any Terminal Facility designated as an oil dock.

 

ITEM 662
RESPONSIBILITY FOR RAISING SUNKEN VESSELS
All vessels entering the waterways must be seaworthy and not in danger of sinking. It is the responsibility of vessel owners, their charterers and agents to see that the vessel captain and crew abide by all rules and regulations promulgated by the U.S. Coast Guard and take every safety precaution possible to prevent the vesselís sinking. However, if for some reason a vessel sinks while in the waterway, it shall be the responsibility of the owner, charterer and agent to raise and remove the vessel from the Waterways without delay. In the event the owner, charterer and agent fails to raise a vessel, the Port Authority may raise the vessel and store same, and the owner, charterer and agent will be liable for all costs of doing so.

 

ITEM 663
SHIFTING VESSELS AHEAD OR ASTERN AROUND OTHER VESSELS REQUIRES PILOT
Vessels berthed at any Terminal Facility may be shifted ahead or astern around another vessel or other vessels only with a pilot onboard and only if the Harbormaster is notified in advance and approves the vessel shifting in writing.

 

ITEM 664
TANKERMAN REQUIRED TO LOAD OR UNLOAD UNMANNED TANK BARGES
A certified tankerman is required onboard unmanned tank barges at all times while loading or unloading at any Terminal Facility or private port facility designated as an oil dock.

 

ITEM 666
DIESEL OR GASOLINE POWERED EQUIPMENT OR VEHICLES PROHIBITED ON OIL DOCKS DURING LOADING OR UNLOADING
Diesel or gasoline powered equipment or vehicles will are not permitted on any Terminal Facility or private port facility designated as an oil dock during ship or barge loading or unloading.

 

ITEM 667
STEVEDORE AND FREIGHT HANDLING LICENSE
1. LICENSE REQUIRED
From January 1, 1991, no person, firm, corporation or other business entity shall operate as or carry on the business of a stevedore or freight handler at the Port of Corpus Christi unless and until there shall first have been obtained from the Port Authority a license authorizing such stevedoring or freight handling activity. As used in this Item, ìstevedoreî or ìstevedoringî includes persons, firms, corporations or other business entities and their subsidiaries, engaged in the activity of loading and/or unloading commercial cargo vessels, excluding bulk liquid cargo; ìfreight handlerî or ìfreight handlingî includes persons, firms, corporations or other business entities and their subsidiaries, engaged in physically loading or unloading railcars or trucks or engaged in any other cargo handling operations, except bulk liquid cargo, in or on the Terminal Facility of the Authority.

2. APPLICATION FOR LICENSE
Application for license with accompanying fee shall be submitted to the Port Authority. Copies of the Application Form are available upon request. Licensing fees are specified in Paragraph 5 of this Item. Initial license and subsequent renewals shall be in effect for one calendar year from January 1 through December 31. New applications may be submitted and new licenses may be issued during a calendar year, however: fees shall not be prorated for part of a year and renewals shall be as provided in Paragraph 4 of this Item.

3. CONSIDERATION OF APPLICATION
The Port Authority shall review the application and may require additional information. If, upon review by the Port Authority, the applicant is found to be ready, willing and able to perform the services for which application has been made, the applicant will be so notified by the Port Authority and a license issued to the applicant. Applicants not found to be ready, willing and able will be so notified.

4. ISSUANCE OF LICENSE AND RENEWAL
Issuance of a license shall be evidenced by the dated signature of a duly authorized Port Authority representative on the Application Form. Acceptance of a license shall signify consent of the licensee to comply with various tariffs of the Port Authority the Rules and Regulations of the Port Authority contained in Tariff 100-A.

Licenses will be issued for a period of one year from January 1 through December 31. The Port Authority will mail notices of renewal, including invoices for the Annual Renewal Fee, to all licensees by first class U. S. postage, on or about December 1 of each year. The renewal period shall extend from the postmark date on which the renewal notice is mailed through the last day of January of the year of renewal. A license will automatically expire unless the Port Authority receives the application for renewal with renewal fee no later than the last day of January of the year of renewal. Failure to renew within the prescribe