KINDER MORGAN PETCOKE, L.P.
HOUSTON BULK TERMINAL
SCHEDULE OF WHARF CHARGES
FOR PETROLEUM COKE MOVEMENTS
KINDER MORGAN PETCOKE L.P. (“Kinder Morgan”)
HOUSTON BULK TERMINAL (“Terminal”)
EFFECTIVE
JANUARY 1, 2011
John Eversole – Terminal Manager
3100 Penn City Road
Houston, TX 77015
Phone: 713-331-0542
Cell:
713-878-4162
Fax:
713-331-0555
Email: John_Eversole@kindermorgan.com
SECTION I - SPECIFIC WHARF INFORMATION
VESSEL LOADING
Main Berth
800 Feet (243.84m) in length
1,200 Feet (including Barge Dock)
Maximum Vessel Length
750 Feet (228.6m) – Larger vessels may be loaded upon
approval from Houston Pilot’s Association and written
approval from the Terminal.
Maximum Beam
106 Feet (32.31m)
Depth of Water at Dock
40 Feet Maximum (12.19m) at Mean Low Tide (M.L.T.)
Note: May be less than 40 ft depending upon weather events
reducing available water depth below M.L.T. The Terminal
will make good faith effort to dredge periodically to maintain
40 ft (12.19m).
Air Draft from Top of Hatch Cover
45 Feet (13.71 m)
Note: This 45 foot air draft allows loading spout to enter
hold. The design of the loader permits cargo to be loaded in
the holds up to a level of 30 feet above the waterline
depending upon vessel characteristics. It is necessary for
ships with a beam in excess of 100 feet to remain ballasted
forward and aft to a draft of 37-38 feet throughout the loading.
Spout Reach From Face of Docks
58 Feet (17.68m)
Working Area of Loader
435 Feet (132.6m)
Minimum Hatch Opening
25 Feet x 25 Feet (7.6m x 7.6m)
Rated Loading Capacity
Designed capacity rated at 1,800 tons per hour (1,630 metric
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tons per hour) at commodity density of 67 lbs. per cubic foot
per weather working day of 24 hours – maximum normal
operating capacity 1,148 tons per hour (1,041 metric tons per
hour).
Trimming
Spout trim only.
Note: To reach maximum tonnage per hold, it is important
that Handymax and Panamax size vessels remain heavily
ballasted throughout loading as the design of the loader
permits cargo to be loaded in the holds up to a level of 30 feet
above the waterline depending upon vessel characteristics.
Deballasting
Vessels must be capable of deballasting at 1,800 tons per hour
continuous load rate.
SECTION II – SPECIFIC FEE INFORMATION
DEMURRAGE/DESPATCH/DISCLAIMER/TIME LIMITATION:
Kinder Morgan will not be responsible for any demurrage or detention nor have any rights to invoice
“despatch” except as outlined in specific agreements, if any, between Kinder Morgan and users of the
Terminal. Kinder Morgan shall not be responsible or liable for any expense, damage, delay, deadfreight, detention, or loss of despatch time incurred by any shipper, vessel, vessel owner, charterer,
or any other party for any cause. All parties will have ninety (90) days from date of event to file any
claims or disputes. Claims and/or disputes filed after ninety days from the date of event will not be
recognized by Kinder Morgan.
DOCKAGE CHARGES:
For Petroleum Coke -- Dockage for all vessels will be charged at $0.3300 (thirty-three cents) USD per
Gross Registered Tonnage (“GRT”). The minimum charge shall be one day. A full day’s dockage will be
assessed for any time beyond a one hour grace period, i.e., any vessel staying more than one hour beyond
the preceding 24 hour day (for dockage purposes) will be charged an additional one day’s dockage. A
minimum of $2,040.00 per 24 hour day will be charged for all barges.
CHARGES FOR NON-POTABLE WATER:
The source of water at the Terminal is a water-well owned by the Port of Houston Authority. Kinder
Morgan makes no guarantees as to the quality of the water or its suitability for human consumption.
Kinder Morgan is making this water available to vessels on the basis that it is “non-potable” – non-potable
means that the water may not be fit for drinking due to uncleanliness and/or contamination. Any vessel
taking on non-potable water at the Terminal does so at its own risk and Kinder Morgan shall not be liable
for any damages or harm associated with the non-potable water. Further, the vessel by taking such nonpotable water, agrees to fully indemnify and hold Kinder Morgan, their agents, officers, and employees
harmless from any and all claims against them, their agents, officers and employees arising out of or in
connection with the non-potable water.
Non-potable water will be supplied to vessels only through hoses provided by each vessel. Each vessel is
solely responsible for the decision into which tank the non-potable water will be placed. Any Kinder
Morgan personnel involved in delivering non-potable water are doing so under the sole discretion of the
vessel.
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The charges for water at the Terminal shall be:
Hook-Up charge to meter, if Performed
between the hours of 8:00 a.m. to 5:00 p.m.
$137.00
Hook-up to meter, all other times
$214.00
Charge per each 1,000 gallons of water
$
6.00
PORT SECURITY FEE:
In order to fulfill its responsibilities for security, including but not limited to responsibilities mandated
under the Maritime Transportation Security Act of 2002 and the US Coast Guard regulation 33 CFR 105,
Kinder Morgan will assess against and collect from all users of Kinder Morgan’s premises, services, or
facilities, a Port Security Fee as set forth herein. Such fee, in the amount set forth below, shall be in
addition to all other fees and charges due under this and other governing tariffs:
Vessels (including, without limitation, barges): Seven Percent (7%) of total dockage assessed per port call.
LINE HANDLING AND LAUNCH SERVICE CHARGES:
Vessel shall arrange and pay for mooring services with a mooring company acceptable to the Terminal.
The following charge will be assessed for Launch Service:
Launch Service per day
$720.00
VESSELS TO ARRIVE IN A “DECK CLEANED” CONDITION:
Federal, state and city laws prohibit the overflow of any objectionable matter into the water. It is the
responsibility of the Vessel to arrive at Terminal in a “deck cleaned” (free of debris, commodity, tripping
hazards, etc.) condition. Vessels arriving in a “dirty deck” condition will be charged $3,500.00 (U.S.) per
hour during the delay for clean-up. Terminal, at its sole discretion, may allow Vessel to clean-up before
loading commences or may order Vessel to vacate the berth. Terminal will be responsible for clean-up
which may be necessary during normal loading operations. All vessels will depart the Terminal with their
decks cleaned of objectionable matter. It is the responsibility of the Vessel to report to the Terminal all
“dirty deck” conditions prior to departing the berth.
SURFACTANT USAGE:
In order to meet Federal, state and city laws environmental regulations, Kinder Morgan reserves the right to
spray a dust surfactant (BT-205W and currently supplied by Benetech) upon the petroleum coke while
loading into vessels at the Terminal. Associated MSDS is available upon request.
ARRIVAL/ DEPARTURE:
* Vessel will be allowed 1 hour free time for arrival and 1 hour free time for departure from the time called
by agents before being subject to stand-by charges.
INTEREST:
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All vessels, their owners or agents, are responsible for payment of all charges no later than 30 days after the
invoice date. After 20 days, a 1.5% per month penalty charge may be assessed on the total invoice amount.
Failure to pay within 30 days is grounds for Kinder Morgan to draw on the bond. Failure to pay total after
45 days shall, at Kinder Morgan’s option, result in loss of credit and trigger prepayment of all fees.
BUNKERING AT THE TERMINAL:
For the barge and/or launch, there shall be a minimum charge of $3,500.00. This minimum charge includes
the first four hours of pumping per barge. Each subsequent hour will be charged at an additional $350.00
per hour, $2,000.00 for each additional barge and/or launch, with $350.00 per hour after the first four
hours, accordingly for each. Kinder Morgan may at its option not allow bunkering or require bunkering to
be performed prior to or after loading. Ships must declare the need to bunker when they are nominated to
Kinder Morgan. Shore-side bunkering is forbidden.
All vessels bunkering at the Terminal agree to indemnify and save harmless Kinder Morgan from and
against all losses, claims, demands, and suits for damages, including death and personal injury, and
including court costs and attorney fees, incident to or resulting from their bunkering operations on the
property of Kinder Morgan and use of its facilities.
PROVISIONS, STORES AND ADDITIONAL SERVICES:
Delivery of provisions and stores to Vessels berthed at the Terminal shall require the prior approval of the
Terminal subject to the Terminal’s determination whether such activities will interfere with cargo
operations or Vessel activities. All provisions and stores will be delivered to the Vessel at the sole cost of
the Vessel. If Terminal assistance is required, the charges below for Additional Services will be assessed
against the Agent.
For any service or function not specifically provided for in this Schedule, requested by Customer and
agreed to and provided by the Terminal, there shall be a charge to Customer equal to the sum of (a) the cost
of Kinder Morgan’s labor used on such services, at a rate of either (i) $50.00 per hour of labor involved, if
such work is performed during regular operating hours, and (ii) $75.00 per hour of labor involved, if such
work is performed during overtime hours; plus (b) the cost of materials and equipment used for such
additional work plus 15% of such sum; plus (c) the amount of charges made by contracted services, if any,
plus 15% of said sum.
WHARFAGE RATES:
Wharfage will be charged for vessels/barges discharging/loading/transshipping cargo directly to or from
vessels/barges. Wharfage shall be negotiated between Kinder Morgan and entity per Agreement prior to
any discharging/loading/transshipping taking place. No such discharging/loading/transshipping shall occur
without the prior approval of Kinder Morgan and if necessary, the U.S. Coast Guard or Corps of Engineers.
OTHER SERVICES OR FEES NOT PROVIDED FOR IN THIS SCHEDULE:
For any service or function not specifically provided for in this Schedule, requested by Customer, required
by the Terminal, Kinder Morgan, Port of Houston Authority, or any newly created or undisclosed fee
implemented by any government agency, there shall be a charge to Customer equal to the greater of (a) the
cost to the Terminal, and/or Kinder Morgan, or (b) the rate specified in the Port of Houston Authority’s
Schedule No.8 in effect at the time the service and/or fee is incurred.
CHARGES FOR VESSEL CAUSED DELAYS AND/OR FAILURE TO VACATE:
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The Terminal reserves the right to order any vessel from berth at the sole discretion of the Terminal.
Should the vessel fail to vacate when so ordered, the vessel will be solely responsible for the costs to
Kinder Morgan (See Sub Rule 23). Any delays caused by the vessel are billable to vessel’s owners at
Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute
intervals after a four hour “grace” period following the date and time of notice to vessel. No “grace” period
will be allowed if: (a) a vessel arrives at Terminal and is not ready to load, (b) arrives at Terminal in a
ballasted state but is not ready to load when de-ballasted, or (c) is not cleared by the designated inspection
company to begin loading operations – the vessel caused delay fees start immediately under these
conditions. The rate charged hereunder constitutes one of two amounts: the anticipated damages incurred
by Kinder Morgan at the effective date of this Schedule of Wharf Charges, or the actual damages incurred
by Kinder Morgan directly resulting from vessel caused delays.
SECTION III - DEFINITIONS
SUB RULE (1)
DAY: A consecutive 24-hour period or fraction thereof.
SUB RULE (2)
WEATHER WORKING DAY: Wind, rainfall intensity, tide
conditions at the berth, severe weather as in tornadoes,
hurricanes, lightening, windstorm severity based on the
Terminal’s judgment or Coast Guard mandate.
SUB RULE (3)
DOCKAGE: The charge assessed against a vessel for berthing
at the Terminal.
SUB RULE (4)
HOLIDAYS: Labor Day, and 6:00 P.M. CST December 24th
through 6:00 A.M. December 26th (Christmas) – exact times
subject to change solely at the discretion of the Terminal.
SUB RULE (5)
TON: A unit of weight of 2,000 pounds.
SUB RULE (6)
ARRIVAL AT BERTH: The time at which an incoming
vessel moors to her berth, calculated from the time the last line
is secured.
SUB RULE (7)
DEPARTURE FROM BERTH: The time at which an
outgoing vessel leaves her berth, calculated from the time the
last line is released.
SUB RULE (8)
VESSEL: Includes within its meaning every description of
water craft or other artificial contrivance whether selfpropelled or non-self-propelled, used, or capable of being
used, as a means of transportation on water, and shall include
in its meaning the owner thereof.
SECTION IV - ARRIVAL PROCEDURE AND CONDITIONS FOR VESSEL LOADING
SUB RULE (9)
GENERAL APPLICATIONS
The use of Kinder Morgan facilities constitutes an acceptance by the user of all charges, rules and
regulations published in this manual and the user agrees to pay all charges and be governed by all rules and
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regulations published in the manual. The charges, rules, and regulations published in this manual apply on
all cargo moving through the facilities of Kinder Morgan, and shall apply equally to all users of the
facilities.
SUB RULE (10)
VESSEL NOMINATION
A Berth Application and Acceptance of Financial Responsibility form shall be filed with the Terminal a
minimum of 72 hours prior to berthing of vessel at the Terminal. Application for berth at the Terminal
should be placed as far in advance as possible. Each application must specify the date of docking, sailing,
the nature and quantity of cargo to be handled. In the event applicant is not the contracting party and
disclaims responsibility for all or any charges incurred through use or occupancy of the facility, the name
and address of such contracting party must be furnished to the Terminal in writing prior to berth
occupancy.
Kinder Morgan at its sole discretion may refuse use of the Terminal. Kinder Morgan shall load vessels on
a “First Come/First Served” basis, subject to the Terminal’s convenience. Arrival will be determined on
the basis of the vessel giving proper notices to the Terminal, via the Ship’s Agent and arrival at the Pilot
Station serving the Port of Houston, Texas. Vessel must have all paperwork filed three (3) days in advance
and must hit the three (3) day laycan for ETA to retain position. The Terminal shall have sole discretion on
which vessel is taken in based on the requirements of the Terminal.
Assignment of a berth at the Terminal is made and accepted upon the express warranty by the applicant and
the express condition by Kinder Morgan that the vessel is in all respects ready to receive or discharge
cargo, passing all governmental agencies’ requirements, being in free practique, and having cargo available
to receive at the Terminal. If for any reason the cargo to be received is not available, the Terminal is
authorized and may require the berth be vacated at the expense of the party contracting for the movement
of the cargo through Kinder Morgan. Any ship, barge, her owners or charters, failing to vacate its berth
when so ordered, shall be subject to payment of additional dockage charges at the rate of Three Thousand
Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute intervals after a
four hour “grace” period. The barge and/or vessel shall be given a four hour “grace” period after notice to
vacate is given before additional charges are incurred. No “grace” period will be allowed if: (a) a vessel
arrives at Terminal and is not ready to load, (b) arrives at Terminal in a ballasted state but is not ready to
load when de-ballasted, or (c) is not cleared by the designated inspection company to begin loading
operations – the vessel caused delay fees start immediately under these conditions. The Terminal reserves
the right to remove a vessel from the berth at the expense of the party contracting for the movement of the
cargo.
SUB RULE (11)
VESSEL REQUIREMENTS
(A)
No vessel will be allowed to berth if not in light ship condition without prior approval of the
Terminal.
(B)
No motor vessel crew movement within the Terminal’s property is allowed without Kinder
Morgan’s prior approval.
(C)
Bunkering and water availability shall be limited to times acceptable to the Terminal’s Dock
Master/Manager and its dock schedule. The Terminal may allow bunkering and the supply of
water to the Vessel at its sole discretion.
(D)
Vessels must be capable of deballasting at a rate consistent with the Terminal’s requirements
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specified in SECTION I – SPECIFIC WHARF INFORMATION. If a Vessel represents that it
can deballast at the required rate and cannot do so, Kinder Morgan shall charge detention on the
Vessel at a rate of Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion
thereof based on 15 minute intervals for all delay time during the loading.
(E)
Maximum dead weight allowed for a vessel is 75,000 tons.
(F)
Adequate lighting must be provided by vessel to ensure safe night cargo operations and to
sufficiently illuminate any masts, derricks, cranes or other structures which may obstruct
movements of the shiploader.
SUB RULE (12)
KINDER MORGAN LIABLITY
Kinder Morgan shall not be liable for any loss or damage to any cargo handled over or through its facilities.
Kinder Morgan shall not be liable for any delay, loss or damage resulting from, but not limited to, strikes,
fires, explosions, weather, tumult, insurrection or acts of God.
SUB RULE (13)
KINDER MORGAN HELD HARMLESS
All users of the Terminal agree to indemnify and save harmless Kinder Morgan from and against all losses,
claims, demands, and suits for damages, including death and personal injury, and including court costs and
attorney fees, incident to or resulting from their operations on the property of Kinder Morgan and use of its
facilities.
SUB RULE (14)
RESPONSIBILITY FOR DAMAGES TO FACILITIES
All vessels, their owners and agents shall be responsible for any damage caused by the vessel to the wharf
or any installation or equipment which is the property of Kinder Morgan, for any reason. Kinder Morgan
shall reserve the right to repair or contract for repair of such damage. Kinder Morgan shall be able to
detain any vessel or other watercraft responsible for such damage until security has been given in the
amount of such damage.
SUB RULE (15)
ACCESS TO SHIPPING DOCUMENTS
Shippers, vessels, owners, and agents will permit Kinder Morgan access to manifests, loading documents,
vessel charter party (excluding only ocean freight rate, but including demurrage and despatch provisions) or
any pertinent documents for the purpose of audits to determine the accuracy of reports filed or for obtaining
necessary information for correct billing of charges such as demurrage and despatch.
SUB RULE (16)
INSURANCE
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The charges published in this manual do not include any expense for insurance covering any loss or
damage to the cargo nor will such insurance be affected by Kinder Morgan under its policies.
SUB RULE (17)
FIRE PROTECTION
(A)
Smoking is prohibited on Kinder Morgan facilities except in designated areas.
(B)
When welding, cutting, burning, heating, or other hot work to be done on vessels while at the
Terminal, a certificate issued by a marine chemist must be obtained and a copy filed with the
Terminal’s Operations Manager and/or the U.S. Coast Guard prior to commencing work.
SECTION V - SCHEDULES AND CONDITIONS ALONGSIDE BERTH
SUB RULE (18)
NOTICE
Vessel shall send written estimated time of arrival’s (ETA’s) to the Terminal for the contracted
loading/discharge as follows: 15 days, 10 days, 5 days, 48 hours, 24 hours, 12 hours, and 6 hours prior to
arrival. If Vessel fails to notify the Terminal as stated above, then Kinder Morgan is not liable for any
delays caused due to insufficient notification.
SUB RULE (19)
VESSEL TO REMAIN ALL FAST IN BERTH
It is the vessel’s responsibility to maintain the vessel all fast in berth at all times. Vessel is required to
maintain lines taught at all times to prevent vessel from moving in berth. The Terminal reserves the right,
in its reasonable discretion, to: (i) suspend loading (with simultaneous suspension of lay time), and/or (ii)
take vessel off-hire, and/or (iii) require vessel to ballast to safe condition, and/or (iv) leave berth at vessels
expense if lines are not kept tight. The vessel will be held responsible for all delay costs resulting from not
maintaining the vessel all fast in the berth.
SUB RULE (20)
VESSEL TO SAFELY SHIFT ON ITS OWN LINES
If necessary, vessel shall safely shift on its own lines as required by the Terminal during loading.
SUB RULE (21)
NUISANCE CREATED BY VESSELS
No vessel will permit excessive smoke, steam, noise or cleaning of boiler tubes by blowing or other means
while in the channel or at the port.
SUB RULE (22)
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VESSELS REQUIRED TO USE TUGS
All vessels docking or undocking at the Terminal berths shall be required to use tug assistance.
SUB RULE (23)
VESSELS TO VACATE
The Terminal may order any vessel to vacate, at vessel’s expense, at anytime there may be a potential
hazard to the vessel, the berth, the Terminal’s facilities, or the rights, property or safety of others, or would
unreasonably interfere with the use of the Terminal’s facilities by others. Any vessel, barge, her owners or
charters, failing to vacate its berth when so ordered, shall be subject to payment of additional dockage
charges at the rate of Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof
based on 15 minute intervals. The Terminal reserves the right to remove a vessel from the berth at the
expense of the party contracting for the movement of the cargo. The barge and/or vessel shall be given a
four hour “grace” period after notice to vacate is given before additional charges are incurred. No “grace”
period will be allowed if: (a) a vessel arrives at Terminal and is not ready to load, (b) arrives at Terminal in
a ballasted state but is not ready to load when de-ballasted, or (c) is not cleared by the designated inspection
company to begin loading operations – the vessel caused delay fees start immediately under these
conditions.
SUB RULE (24)
DOCKAGE RULES
Dockage will be charged on a “per day” or portion thereof basis, based upon the time of the vessel’s
Arrival at Berth until the vessel’s Departure from Berth.
Dockage will be charged for inland barges discharging or loading cargo directly to or from ship. No such
transfer shall occur without the prior approval of the Terminal and if necessary, the U.S. Coast Guard.
Dockage for all vessels will be charged on Gross Registered Tonnage (“GRT”) as shown in Lloyd’s
Register of Shipping.
The Terminal, at its sole discretion, may give ocean-going vessels priority over barges. The Terminal will
guarantee to load a maximum of four (4) barges per weather working day unless otherwise approved by the
Terminal. Additionally, barge owners, charterers, and/or agents will be responsible for any and all other
costs incurred and associated with loading barges – such as tug assistance charges, etc.
Dockage rates are subject to change at the discretion of Kinder Morgan. Lack of notice by Kinder Morgan
or lack of acknowledgement by Vessel will not relieve Vessel of its obligation to pay the changed fees.
For dockage charges, see DOCKAGE CHARGES.
SUB RULE (25)
TERMINAL HOURS
The Terminal will operate 24 hours per day unless amended by Kinder Morgan except HOLIDAYS.
SUB RULE (26)
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RESPONSIBILITY FOR CHARGES AND PAYMENT
All services rendered by Kinder Morgan for dockage, line handling, and special services will be charged to
the vessel owner, charterer, or operator. The ship’s agent shall be responsible for payment of all such
charges and fees, in a prompt and timely manner.
Submission of a berth request by the ship agent constitutes acceptance by the vessel of all terms and
conditions of this manual and agreement to pay all charges against the vessel unless waived in writing by
Kinder Morgan. All agents must post a payment bond acceptable to Kinder Morgan for vessel charges at
least 30 days prior to any vessel nomination.
Kinder Morgan does not recognize the numerous shippers or consignees, and cannot attempt to collect or
assist in collecting any Kinder Morgan invoices or bills which may be passed on to shippers or consignees
by the vessel, its owner or agent. Such bills must be paid regardless of when the vessel, its owner and
agent are reimbursed. Any errors in the bills will be rectified by Kinder Morgan. Not withstanding the
forgoing, Kinder Morgan shall have the right to recover unpaid vessel charges from the originator of the
cargo in the event the ship owner, agent, or consignee does not satisfy the outstanding invoices.
All invoices are rendered in accordance with this Schedule and are due upon presentation. Failure to pay
within 30 days may, at the option of Kinder Morgan, result in the responsible party being placed on the
delinquent list. Any parties placed on the delinquent list may be denied further use of Kinder Morgan
facilities until all outstanding charges have been paid. Kinder Morgan shall at its option draw on the
payment bond when payments are 45 days past due. Invoices are due net 10 days from date of invoice.
Kinder Morgan reserves the right to estimate and collect, in advance, all charges which may accrue against
vessels, their owners or agents, or other users of the facilities, or against cargo loaded or discharged by such
vessels or other users of the facilities, whose credit has not been properly established with Kinder Morgan.
Use of the facilities may be denied unless such advance payments or deposits are made.
Kinder Morgan reserves the right to accept or reject any ship’s agent or vessel and require the posting of
payment bonds as set forth here in at the sole discretion of Kinder Morgan
Presentation of bills to owners or agents of vessels is executed as a matter of accommodation and
convenience, and shall not constitute a waiver of the liens for charges furnished a vessel.
All lawful charges made by or due the terminal shall constitute a lien in favor of the Terminal upon the
cargo and against any Vessel for such charges to the full extent permitted by law.
SUB RULE (27)
AGENTS:
For coordination purposes, Kinder Morgan requires that the shipping agents be pre-approved by Kinder
Morgan.
SUB RULE (28)
KINDER MORGAN PETCOKE, L.P. OPERATOR
Kinder Morgan, operator, shall in all cases mean Kinder Morgan Petcoke, L.P. or its designee.
SUB RULE (29)
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ACCESS TO TERMINAL PROPERTY – SHIP PERSONNEL AND/OR VISITORS:
With Terminal’s prior approval and with prior clearance from Customs and/or Home Land Security, Ship
personnel may pass through Terminal property by vehicle but not on foot.
Terminal reserves the right to deny access to any visitor. Every visitor entering the Terminal facilities
must:
(A)
Sign in with the Terminal before proceeding to any Vessel or Terminal building and shall furnish
Terminal with identification acceptable to the Terminal.
(B)
Must have a current TWIC card (Transportation Worker Identification Credential) in their
possession. Visitors without a TWIC card in their possession shall be escorted while on Terminal
property. Said escorts shall have a current TWIC card in their possession and shall be arranged for
by the Vessel and/or Agent.
(C)
Every visitor entering the Terminal shall sign in with the Terminal before proceeding to any
Vessel or Terminal building and shall furnish Terminal with identification acceptable to the
Terminal.
(D)
Any person or vehicle entering the Terminal is subject to being searched.
(E)
Visitors, subject to the prior approval of the Terminal, may arrange for outside transportation for
pickup and delivery at the Terminal. Approved visitors may gain access to Vessels berthed at the
Terminal by vehicle but not on foot.
(F)
Visitors shall wear protective equipment (which may include but not necessarily be limited to:
hard hats, safety glasses, and life jackets) as directed by Terminal personnel.
(G)
Any visitor shall execute such releases and indemnity agreements as required by Terminal as a
condition to be allowed access to the Terminal facilities.
SUB RULE (30)
VESSEL LOADING
Kinder Morgan requires the full cooperation of the master, crew and agents of all vessels loading at the
Terminal. This includes, but is not limited to the following:
(A)
The Vessel’s Master and Chief Mate are responsible for the proper loading of their vessel.
Terminal personnel are at the Vessel’s direction in this regard.
(B)
Shore scales are NOT accurate and should be used as a guide only. It is the responsibility of
the Vessel’s officers, and not Terminal personnel, to stop loading – not only when the desired
draft has been reached but also prior to reaching the maximum quantity of cargo.
(C)
There are approximately 100 metric tons on the belt, which must be loaded before the belt can
stop. Increments of less than 100 metric tons can only be approximated.
(D)
Providing a loading and or discharge plan prior to arrival but not later than boarding by Terminal
personal. Any change to the loading and or discharge plan must be given in writing to Terminal
personnel.
(E)
Provide vessel particulars including LOA, GRT, beam, hatch configuration, dimensions, and
spacing, cranes, as well as on deck obstructions.
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(F)
Vessel pumping ballast as and when requested by the Terminal as well as stopping ballast removal
at the request of the Terminal.
(G)
Vessel arriving above the air draft specified by the Terminal.
(H)
Vessel maintaining an “all fast” condition in the berth before, during, and after loading.
(I)
Shifting the vessel in berth at the direction of the Terminal 24 hours per day if necessary in the
Terminal’s opinion.
(J)
During Vessel trimming, the Terminal shall not be required to load cargo into more than two
hatches after completion of the load plan unless the vessel pays Kinder Morgan detention charges
as outlined in VESSEL REQUIREMENTS at Three Thousand Five Hundred US Dollars
($3,500.00 US) per hour or portion thereof based on 15 minute intervals.
(K)
Relocate or rotate ships gear to clear the hatches and or loading/discharging system immediately
upon request by the Terminal 24 hours per day during vessel occupancy at the berth.
(L)
Open or close hatches as and when requested by the Terminal including prior to boarding by the
Terminal personnel upon arrival and completion of berthing i.e., when all fast in the berth.
(M)
Upon request by the Terminal, a suitable space shall be made available on board ship for the
Terminal’s load master and/or loading personnel for use during weather delays and while
calculating stowage or loading systems.
(N)
In the event of a loading system breakdown or berth system damage, the vessel shall provide all
necessary assistance to reduce damages and/or to assist the Terminal in resuming the loading
activity.
(O)
The loading and or discharge of any cargo via Kinder Morgan’s equipment shall constitute
acceptance, in full, of all provisions in the Schedule. Failure of vessel’s officers to sign any
forms or the modification of any forms by vessel’s officers shall not relieve vessel of its
obligations under this Schedule.
(P)
The Terminal may at its sole discretion load only to a draft of 39’ 00” when weather/tide forecast
indicate that loading to a deeper draft would substantially delay several other vessels.
Occasional cold fronts (northers) and fog (both November through March) are beyond
anyone’s control. The Houston Pilots restrict ships with a draft in excess of 39’ 00” to daylight
traffic, i.e. to a window of about 8 hours out of a 24 hours day during the winter months. The
Terminal will load to more than 39’ 00” when the forecast for water level and visibility is
favorable. When the forecast indicates that a norther or fog will delay vessel by more than 12
hours and there are several other ships waiting, then the Terminal may decide to load only to
39’00” to permit sailing ahead of the projected norther respectively fog.
SUB RULE (31)
INTERPRETATION
Kinder Morgan reserves the right to interpret and apply the Schedule of Wharf Charges in its sole
discretion.
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