Odfjell Terminals (Houston) Inc. Tariff. Rates, Rules and Regulations Governing Odfjell s Bayport Terminal

Transcription

1 Rates, Rules and Regulations Governing Odfjell s Bayport Terminal Effective January 1, 2014

2 INDEX General Information General Description... ii Hours of Operation... ii Marine Docks... iii Terminal Facilities... iii-v Transloading Facilities... iv (Rates, Rules and Regulations) Item 1 - Office, Terminal Address, and Contacts... 1 Item 2 - Dock and Facility Usage and Access A. Definitions B. Terms of Agreement C. Basis of Charges D. Assessment of Charges Item 3 - Layberth of Vessels... 5 A. Layberth Charges for Vessels B. Layberth Charges for Barges Item 4 - Security Item 5 - Foreign Trade Zone... 6 Item 6 - Crew Changes... 6 Item 7 - Deliveries To or From Vessels Item 8 - Cranes and Other Lifting Equipment... 9 Item 9 - Direct Transfer Services Item 10 - Bunkers and Fuel Oil Item 11 - Fresh Water Item 12 - Deionized Water Item 13 - Steam For Product Heating Item 14 - Vessel Mooring Line Handling Item 15 - Vapor and Emission Control Item 16 - Nitrogen Purging Services Item 17 - MARPOL and Other Wastes Item 18 - Other Services Item 19 - Tank Cleaning Item 20 - Insurance Item 21 - Payment Conditions Item 22 - Amendment to Effective: January 1, 2014 F:\TARIFF\12.doc Page i

3 GENERAL INFORMATION General Description: Odfjell Terminals (Houston) Inc. herein referred to as OTH and formerly named Baytank, is a subsidiary of Odfjell USA, Inc. and is located at Port Road, Seabrook, Texas 77586, within the Pasadena Industrial District in Harris County and approximately 30 miles southeast of Houston, Texas. OTH opened in 1983 as a public marine terminal for the storage and distribution of bulk liquids and gases with accessibility by marine, rail, truck and pipeline. OTH s terminal is situated in the safe confines of the Bayport Ship Channel turning basin located on the Houston Ship Channel in the upper Galveston Bay. The Houston Ship Channel is approximately 50 miles long with the Bayport Ship Channel entrance located approximately 25 miles north of the intersection of the Houston Ship Channel and the Intracoastal Waterway and approximately 35 miles north from the Galveston Sea Buoy. OTH is the first bulk liquid facility accessed on the Houston Ship Channel. OTH offers a variety of services to chemical producers, traders, and distributors, which includes storage and distribution of bulk liquid products, including basic, intermediate and specialty chemicals, petrochemicals, life-science products, base oils, biofuels, petroleum and vegetable oils, gases, etc. with access via marine, rail, truck and pipeline. OTH also offers facilities for the marine carriers, which includes bunkers, nitrogen, di-water, vapor flaring, vessel provisions and spares replenishments, minor repairs, etc. OTH is ISO-9001:2000 certified and is a Responsible Care Partner with RC accreditation as well as being an active member of various local community and industry related advisory panels and associations. Hours of Operation: OTH is open 24 hours a day, 7 days a week. Regular business hours are Monday through Friday, 8:00 to 16:30. Overtime charges apply outside regular business hours. The following is a list of observed Odfjell holidays: New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Effective: January 1, 2014 F:\TARIFF\12.doc Page ii

4 Marine Docks: OTH maintains Two (2) Ship docks, equipped with continuous wharf aprons with access to large trucks for direct delivery of lubes, spares, stores and provisions. OTH is permitted by the US Coast Guard for vessel-to-vessel double-breasted transloading operations. OTH s official waterfront restrictions are as follows: LOA: 650 feet (can accommodate larger vessels under specific conditions, without guarantee) Draft: 39 feet, subject to confirmation by OTH upon customer request Beam: No restrictions Air Draft: No restrictions. No other navigational restrictions are present. OTH is responsible only for the exercise of reasonable due diligence for safe berth access by any marine Vessel to its Facilities located to the south and east of an imaginary line drawn in accordance with coordinates below: From the westernmost point of terminal property at N, W north to the Turning Basin limit located at N, W thence east to the easternmost point of the Turning Basin limit located at N, W thence north along the Turning Basin limit to N, W thence east to the northernmost point of terminal property line located at N, W OTH is not responsible for obstructions or the maintaining of any dredging or water depths in areas beyond that defined above as a marine Vessel may approach or depart the Terminal. OTH maintains Four (4) Barge docks with capacity to handle barges up to 30,000 - barrels with 11 feet draft maximum. Ship and Barge docks access OTH s terminaling facilities through a network of dedicated and/or multipurpose piggable 316L stainless steel Jetty-Line systems. Terminal Facilities: Current storage capacity at OTH is approximately 2.2 million barrels in 109 tanks ranging from 2,200 barrels to 60,000 barrels. Tank construction is Carbon Steel or Stainless Steel and includes various inorganic zinc, phenolic and epoxy lined tanks. Chemical storage tanks are built to API-620 standards (pressurized storage tanks) with fixed roofs rated at pressures ranging from 1.4 to 14.4 psig. All storage tanks are fitted Effective: January 1, 2014 F:\TARIFF\12.doc Page iii

5 with sloped tank bottoms providing complete and efficient product removal. Many tanks are currently outfitted with heating, chilling, circulation and insulation systems. OTH offers several API 653 tanks for petroleum and non-vapor controlled products. OTH also provides storage of gaseous products in spherical tanks. Storage tanks have automatic emission control and nitrogen compensation systems and are fitted with SAAB tank radar gauging and temperature monitoring systems. Each storage tank has access to marine, rail and truck facilities and can be made to access industrial pipelines. OTH provides excellent facilities for Transloading truck to rail or vice versa. Intermodal and intra-modal product transfers can be performed between ships, barges, railcars, trucks, ISO tank containers and shore tanks in any combination through various 316L stainless steel piggable pipeline systems. OTH has rail access serviced by the Union Pacific Rail Road with its rail address listed as ZTS # and road access for truck deliveries with access to the U.S. Interstate Highway network via Texas State Highway 146. Rail and truck direct transfer facilities, including certified scales for both, are available through 6-inch and 8-inch 316L stainless steel headers also designed for pigging. Product transfer systems include variable speed hydraulically driven stainless steel pumps delivering up to 4,000 barrels per hour. Multiple systems can be operated simultaneously to either ship and barge docks to minimize vessel demurrage. Nitrogen purging for marine vessels is via pipeline delivering up to a maximum of 250,000 standard cubic feet per hour. Vapor flares and a thermal oxidizer are available for vapor control, conditioning and gas freeing of marine vessels to both ship docks and barge dock #1 through U.S. Coast Guard certified vapor control systems with both vapor balancing and flaring capabilities. Bunker supply is through Matrix Marine Fuels (for contacts, see Item 10 below). Effective: January 1, 2014 F:\TARIFF\12.doc Page iv

6 Foreign Trade Zone (FTZ) status is available throughout the entire facility. The Transportation Security Administration, in coordination with the United States Coast Guard, developed the Transportation Worker Identification Credential (TWIC) Program in response to the Maritime Security Act of OTH supports and complies in all respects with the TWIC Program and requires all individuals seeking access to the terminal to produce and carry the Credential. Should individuals who are not registered in the TWIC Program require access to the terminal, they should contact the Facility Security Officer (see Page 1 herein) for guidance on how to proceed. OTH maintains a U.S. Coast Guard Certificate of Adequacy, covering applicable marine terminaling requirements including MARPOL. OTH air permits are currently approved to handle over 850 bulk liquid products, which includes basic, intermediate and specialty chemicals, petrochemicals, life-science products, lube oils, vegetable oils, gases, etc. OTH has the capability of adding any chemical to the approved list, quickly, provided the molecular weight and vapor pressure are known and provided. Additional data may be required depending on the hazard of the chemical. Effective: January 1, 2014 F:\TARIFF\12.doc Page v

7 TARIFF (rates, rules and regulations) ITEM 1 - OFFICE AND TERMINAL ADDRESS Corporate Office Address: Space Center Blvd., Suite 600 Houston, Texas Phone: (713) Fax: (713) hou.sales@odfjell.com Interim President: Albert Noggle Vice President Sales & Marketing: William Law Marketing Manager: Arlene Adams Sales Manager: Fermin Navarro Sales Representative: Douglas Cates Commercial Assistant (Inside Sales): Tina Rosenberry Contract Administrator: Edna Kennedy albert.noggle@odfjell.com william.law@odfjell.com arlene.adams@odfjell.com fermin.navarro@odfjell.com doug.cates@odfjell.com tina.rosenberry@odfjell.com edna.kennedy@odfjell.com Terminal Address: Port Road Seabrook, Texas Phone: (713) Fax: (713) hou.logistics@odfjell.com Terminal Manager: Clarence Harmon Regulatory Affairs Manager: John Heil Engineering Manager: Glenn Aycock Facility Security Officer: Pat Mentzel clarence.harmon@odfjell.com john.heil@odfjell.com glenn.aycock@odfjell.com pat.mentzel@odfjell.com Rail Deliveries: Served by Union Pacific Railroad Odfjell Terminals (Houston) Inc. Bayport Texas Rail Spur address: ZTS # Truck Deliveries: Access by Texas Highway 146 Odfjell Terminals (Houston) Inc Port Road Seabrook, Texas Effective: January 1, 2014 Page 1 F:\TARIFF\12.doc

8 ITEM 2 DOCK AND FACILITY USAGE AND ACCESS A. Definitions: Dock shall include any wharf, pier, jetty, landing, apron, berth or other stationary structure to which a vessel may make fast to or utilize in the loading or unloading of cargo, bunkers, provisions, spares, packages, pallets or other items. Dockage shall mean charges assessed by OTH to any vessel utilizing OTH facilities, including those used for layberth or lightering operations, however dockage excludes any charges, tariffs, taxes or fines assessed by any other party other than OTH. Facilities shall include all docks, tanks, rail and truck racks, scales, buildings, structures, utilities, equipment, apparatus or service owned by or provided by OTH. Layberth shall mean the use of a dock, as authorized by OTH, for a vessel to remain at for purposes other than the transfer of product from shore. Lightering shall mean the use of OTH facilities for the purpose of transferring product, bunkers, provisions, spares, packages, pallets, drums or other items from one vessel to another vessel while alongside OTH s dock and shall include the transfer of product or bunkers from one vessel to another vessel through OTH facilities while alongside separate OTH docks. OTH shall herein refer to Odfjell Terminals (Houston) Inc. User shall herein refer to any vessel, agent, representative, contractor or other person including their vehicles, equipment, apparatus or other items, not directly owned or employed by OTH, for whom services are provided to through the use of OTH facilities. Vessel shall mean any ship, barge, tug, towboat, or other watercraft, self-propelled or non-self-propelled and shall include the owner thereof. B. Terms of Agreement: DOCK USAGE: Any vessels requesting the use of OTH s docks, including for layberth purposes, shall do so with the full understanding and agreement that the terms of this tariff shall be binding and remain in full force whether or not said vessel has been provided a copy of this tariff. Furthermore, it is understood that such use of docks for layberth purposes shall not interfere with other OTH marine activities. Effective: January 1, 2014 Page 2 F:\TARIFF\12.doc

9 All vessels using OTH docks and facilities shall adhere to any and all governmental or quasi-governmental laws, rules, regulations and statutes and shall include those of OTH. It is also understood and agreed that OTH may at any time provide notice requiring any vessel to vacate the dock. A vessel docked at OTH may be required to provide additional personnel in accordance to the Homeland Security act, which may include but is not limited to continuous duty dockman, deck-watch, gangway guards or divers for underwater inspections. Any costs incurred in providing personnel for these reasons, including the use of OTH personnel, shall be for the User s account. DOCK USE AUTHORIZATION: All vessels must request in writing and receive preauthorization from OTH prior to the use of any OTH docks or facilities. Vessels with cargo or bunker operations are required to provide at least seventy two (72) hours notice prior to said vessel s estimated arrival time and shall promptly advise OTH of any changes in its scheduled arrival time. REQUEST TO VACATE DOCKS: Upon completion of shore-side cargo and/or bunker operations to a vessel, or any other time as may be required by OTH, OTH may request and said vessel shall, at its own expense, promptly vacate the berth. Any vessel failing to comply with this notice within four (4) hours for ships and one (1) hour for all other vessels including barges shall be subject to a charge of one thousand eight hundred fifty dollars ($1,850.00) per hour or portion thereof from the time notice to vacate expires until the dock has been vacated plus any additional charges as applicable. UNAUTHORIZED USE OF MARINE DOCKS OR FACILITIES: Any unauthorized use of OTH docks or facilities shall be subject to a penalty of ten thousand dollars ($10,000.00) and shall be charged up to two thousand five hundred dollars ($2,500.00) per hour or portion thereof from the time vessel arrives at OTH until said vessel has vacated the dock plus any additional charges as applicable. ACCESSIBILITY TO FACILITIES: All Users, including any vehicle, truck, carrier, ship chandler, agent, surveyor, or representative and their packages, parcels, boxes, drums, pallets or other items, desiring access to the facilities are subject to and shall adhere to all OTH and other entities laws, rules, regulations and statutes, including those of the Marine Terminal Security Act. Furthermore, any User shall possess and provide proof of insurance coverages as may be required by OTH pursuant to Item 20 herein. OTH shall at all times maintain the right to deny access or request immediate removal or departure from its facilities, including the docks, to anyone at anytime. Effective: January 1, 2014 Page 3 F:\TARIFF\12.doc

10 RESPONSIBILITY FOR PROPERTY DAMAGE: Users of OTH facilities shall be held responsible for all damage to the property of OTH occasioned by them or their subcontractors, and any such damage shall be repaired with costs of repairs plus twenty percent (20%) administration fee billed against the User responsible for damage. LIABILITY LIMITATION AND INDEMNIFICATION: Except as may be caused by OTH s own sole negligence, User agrees to indemnify and save harmless OTH, its officers, directors, owners, successors, parent, subsidiary and affiliated companies worldwide, assigns, employees, agents, lessees, managers, underwriters and insurers from and against all losses, claims, suits or other demands for damages, including death or personal injury, and including court costs and attorney s fees, incident to or resulting from User or its subcontractors operations on the property of OTH or the use of OTH facilities, including those injuries or property damages caused by the joint or concurring negligent act or omission of OTH or its employees, and upon request by OTH, User shall promptly defend any such demand, claim, cause of action or suit. C. Basis of Charges: Dockage charges shall be based on the length overall (LOA) of the vessel as shown in the Lloyd s Register of Shipping. If the length is not shown in Lloyd s Register of Shipping, the ship s Certificate of Register showing length overall will be accepted. However, OTH reserves the right to measure any vessel and to use such measurements as the basis of the charges herein. Notwithstanding any other clause herein, the User shall at all times be responsible for any charges, tariffs, taxes, or fines issued by any governmental, quasi-governmental, or other entity or third party that may assess said charges for services performed by or through OTH. D. Assessment of Charges: Time for assessment of dockage shall begin at the time the vessel is made fast at OTH and shall continue until said vessel is freed from and vacates OTH. Services provided herein shall be charged as specified with time commencing when said service is made available to the User and shall continue until said service is released back to OTH. Any third party charges for the account of User that are invoiced through OTH will be assessed a twenty percent (20%) administration fee. OTH may require prepayment of services based on charges contained herein. Effective: January 1, 2014 Page 4 F:\TARIFF\12.doc

11 ITEM 3 LAYBERTH OF VESSELS Any vessel may request the use of OTH docks for layberthing and said use shall be subject to approval by OTH. Layberth charges apply to vessels which are not performing cargo operations from shore. It is agreed and understood that OTH may require, at any time, that the layberthing vessel vacate the dock as defined in the terms contained herein. A. Layberth Charges for Vessels Vessel s, including sea-going barges, shall be charged dockage according to the rates below, as determined by the vessel s length overall (LOA) in feet, charged per twenty-four (24) hour period or portion thereof that said vessel remains moored to OTH s docks. Vessel LOA (in feet) Layberth Charge (per day) 449 $2, $4, $4, $6, $7, $10, $14, B. Layberth Charges for Barges Barge s, excluding sea-going barges, shall be charged dockage according to the rates below as determined by the barge s length overall (LOA) in feet, charged per twenty-four (24) hour period or portion thereof said barge remains moored to OTH s docks. Barge LOA (in feet) Layberth Charge (per day) 149 $ $ $ $ $ $1, Effective: January 1, 2014 Page 5 F:\TARIFF\12.doc

12 ITEM 4 SECURITY All ships calling OTH will be assessed a $ security fee. ITEM 5 - FOREIGN TRADE ZONE OTH operates under the Port of Houston (POH) Foreign Trade Zone (FTZ) status. ITEM 6 CREW CHANGES Vessels and/or Tug boats may perform crew changes at OTH provided: OTH s insurance coverage requirements, liability waiver and hold harmless statement, and other required documents are on file at OTH. The vessel and/or tug is involved with loading and/or unloading operations at OTH (including direct over-the-side vessel-to-vessel transfers). A gate-list, containing the name and other credentials for each individual that will be embarking or disembarking the vessel/tug, has been sent to OTH at least 24 hours prior to the vessel/tug s arrival. That each person has a valid TWIC card, otherwise, that crew member must be escorted by an individual with a valid TWIC authorized to escort (OTH does not provide escort). OTH s wharf delivery receipt is signed by a duly authorized individual. The transport company carrying crew members through OTH has to provide OTH with proof of suitable insurance as specified in Item 20 and be a bonded transportation company. Otherwise, crew members must be transported by one of the following companies: Danner s Harbor Express Services Knight Transportation Marine Transportation Logistics Total Marine Transport Texas Marine Agency Seafarer s Center Effective: January 1, 2014 Page 6 F:\TARIFF\12.doc

13 All individuals, stores, equipment, etc. will be subjected to inspection per OTH s Facility Security Plan. OTH reserves the right to refuse service at any time, without notice and without explanation. LIABILITY WAIVER AND HOLD HARMLESS STATEMENT It is understood and agreed that Odfjell Terminals (Houston) Inc. ( OTH ) provides this service as a convenience only, and assumes no liability, either express or implied. The customer will defend and hold OTH harmless from any and all damages/claims/expenses/costs (including defense costs) etc. of whatsoever nature that may arise from conducting such crew changes on premises. Should disputes arise, they will be subject to the laws of the State of Texas. OTH reserves the right to refuse service at any time, without notice and without explanation. ITEM 7 DELIVERIES TO OR FROM VESSELS OTH may provide facilities and services, including vapor control, for delivery of product, bunkers, provisions, spares, packages, pallets, drums or other items to and from vessels. These facilities and services are available upon request and are subject to availability and must be preauthorized by OTH. Any and all laws, rules, regulations or statutes, including those of the Homeland Security act and OTH s rules and regulations including minimum insurance coverages, shall apply to any vehicle desiring to make deliveries through OTH. The vessel, its agents, owners or representative is responsible for notification, coordination and obtaining authoritative permission from any governmental agencies, including but not limited to U.S. Customs or the U.S. Coast Guard, that govern any such delivery or transfer. Any costs associated with third party or other services incurred in transfers or deliveries to or from a vessel are for said vessel s account and if charged through OTH will incur a twenty percent (20%) administration fee. Effective: January 1, 2014 Page 7 F:\TARIFF\12.doc

14 OTH reserves the right to control, limit or deny access to OTH s docks of any vehicle performing vessel services. Only authorized vehicles will be allowed on the docks for pre-approved transfers and deliveries. Any illegally parked vehicle will be removed at owner s expense. PREAUTHORIZATION BY OTH IS REQUIRED FOR ANY BULK LIQUID TRANSFER, INCLUDING BUT NOT LIMITED TO WATER, LUBE OILS, GAS OIL OR MARPOL, DESIRING TO BE PERFORMED AT OTH FACILITIES. ANY USER DESIRING TO PERFORM AN OVER-THE-WATER TRANSFER SHALL ENSURE THE VEHICLE OR CARRIER IS CERTIFIED BY THE U.S. COAST GUARD TO PERFORM SAID TRANSFER. OVER-THE-WATER TRANSFERS SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS AND STATUTES, INCLUDING THOSE OF OTH. FURTHERMORE, THE USER SHALL BE RESPONSIBLE TO PROVIDE SUFFICIENT PERSONNEL TO SAFELY PERFORM AND MONITOR AT ALL TIMES SAID TRANSFER. It is strictly prohibited to deliver any item, including but not limited to intermediate bulk container (IBC) container, drum, package, box, or pallet, at any OTH facility without prior authorization from OTH. Any such item shall be immediately removed to a secure location and inspected or analyzed by a duly authorized governmental agency or other third party entity. All costs associated with the handling, inspection, analysis or disposal of such items shall be charged to the party delivering such item. Any unauthorized deliveries will be assessed a charge of at least $10, (ten thousand dollars) per violation with any and all applicable fines, penalties and charges to be paid by the party in breach. Additional restrictions and legal actions may apply. OTH or its appointed contractor will initiate the clean up of any spilled product or material caused by the vessel or its suppliers/receivers. All cost for such clean up will be charged to the User at cost plus twenty percent (20%) administrative fee. Any tank truck delivering bulk liquids including product, water, lube oil, gasoline, diesel, MARPOL classified waste, etc. must be equipped with adequate drip pans or retention systems and shall provide sufficient personnel to safely manage said transfer. Charges for deliveries to or from a vessel: Light trucks (pickup or van) $ Medium trucks (bobtail or stake bed) $ Heavy trucks (box or flatbed trailers) $1, Effective: January 1, 2014 Page 8 F:\TARIFF\12.doc

15 Tank trucks with water $1, Tank trucks with lube oils/gas oils $1, Tank truck with product Contact OTH Sales for pricing Gas oil/lube oil delivery via barge $2, per move Work or Supply Barge $2, per move MARPOL waste to truck or barge See Item 17 ITEM 8 CRANES AND OTHER LIFTING EQUIPMENT Each dock at OTH, including the barge docks, has a fixed telescopic crane, primarily for hose handling. Additionally, a mobile cherry picker crane and a forklift, with operator and riggers, can be made available for vessel services. Larger capacity lifting equipment can be made available through an OTH approved third party vendor. All cost for such third party service will be charged to the User at cost plus twenty percent (20%) administrative fee plus any charges for OTH labor as outlined below. The use of any lifting equipment requires twenty-four (24) hours notice, seventy-two (72) hours for third party vendors, and shall be subject to availability. OTH operator and/or rigger labor charges are included in the below crane and forklift rental charges. Fixed Telescopic Dock Crane: Maximum capacity limit: 1 Ton Hourly rate: $ per hour or portion thereof Minimum charge: $ Mobile Cherry Picker Crane: Maximum weight limit: 5 Tons (depends on boom angle) Hourly rate: $ per hour or portion thereof Minimum charge: $ 1, Fork Lift: Maximum weight limit: 2 Tons Hourly rate: $ per hour or portion thereof Minimum charge: $ Man Hours / Labor: Regular time (0800 hrs 1630 hrs): Over time (1630 hrs 0800 hrs): Cancelled call-out charge $ per hour or portion thereof $ per hour or portion thereof $ per operator or rigger Effective: January 1, 2014 Page 9 F:\TARIFF\12.doc

16 ITEM 9 DIRECT TRANSFER & TRANSLOADING SERVICES OTH offers both land and marine based direct transfer operations. OTH s transloading is a bidirectional 316L stainless steel system. The system includes a load-on-scale truck/iso-tank rack with top and bottom loading and unloading capabilities, two railcar racks with top/bottom loading/unloading capabilities, a variable speed transfer pump and a mass flow product metering system for closed-loading operations. OTH s marine facilities are designed for product and vapor transfers between ships and/or barges. Bulk liquids may be transferred or lightered between vessels via 316L stainless steel piggable shore loops or directly alongside one another, referred to as board-toboard transfers (USCG prohibits pigging dock lines to vessels). Product emissions or vapors are controlled, if required, by either vapor balancing or incineration through flares or thermal oxidizer. OTH s air permit with the Texas Commission on Environmental Quality (TCEQ) requires certain products be vapor controlled. The U.S. Coast Guard (USCG) govern how these product vapor transfers are controlled between the vessel and the shore or to another vessel and require that the product be identified on the terminal s USCG Marine Vapor Control List (MVCL). Furthermore, OTH may require product vapors be controlled due to its toxicity, hazards or offensive odors. All marine vapor controlling must be performed through USCG approved systems and in accordance to any governing laws, rules, regulation or statute. Vapors may be returned to the original unloading vessel by vapor balancing or delivered to one of OTH vapor flare or thermal oxidizer systems. OTH requires advance written notification of all marine lightering operations, by contacting HOU.Sales@Odfjell.com. Marine lightering operations include bulk products, bulk liquids, or MARPOL materials and include deliveries occurring via shoreloops or board-to-board. All such operations must be preauthorized by OTH at least twenty-four (24) hours in advance. A penalty is applicable for any unauthorized marine lightering operation. All lightering transfer equipment shall be provided by the User and shall meet all regulatory requirements. All lightering operations are subject to a layberth fee if shore side cargoes are not being transferred. See Item 3 Layberth of Vessels for applicable per diem fees. OTH will furnish all vapor and product hoses for product transfers performed across the docks via shoreloops. OTH is prohibited from providing vapor or product transfer hoses for any product transfers performed board-to-board. Effective: January 1, 2014 Page 10 F:\TARIFF\12.doc

17 Because of vapor control and permit regulations, unauthorized lightering is a serious violation at OTH. Unauthorized lightering will be assessed a penalty charge of at least $10, per violation with any and all additional fines, penalties and throughput charges to be paid by the party in breach. Additional legal actions may apply. Transfers between Ship and Barge via Board-to-Board OTH policies prohibit it from providing hoses or personnel for board-to-board operations. Arrangement of transfer hoses and personnel is strictly the responsibility of the vessel, barge company or customer. Base cost for board-to-board transfers: Up to 1, metric tons: $ 3, (minimum charge) 1, to 2,500 metric tons: $ 3.50 per metric ton 2,501-5,000 metric tons: $ 3.24 per metric ton 5,001 and over Will be negotiated separately Transfers between Ship and Barge via Shoreloop Services include in shoreloop transfers are the use of OTH s dock, 316L stainless steel piggable dockline and hose handling by OTH s personnel. The cost for cleaning the shoreloop and any associated waste disposal will be for the Users account and quoted on a case-by-case basis. Base cost for Shoreloop transfers: Up to 1, $ 8, (minimum charge) 1, to 2,500 metric tons: $ 5.13 per metric ton 2,501-5,000 metric tons: $ 4.59 per metric ton 5,001 and over: Will be negotiated separately Transfers between Ship to Ship OTH may perform Ship-to-Ship transfers either Board-to-Board or via Shoreloop. The requirements for this type of operation are extensive and therefore any User desiring this service must contact OTH Sales for a quotation. Transfers between Railcar to Ship Contact OTH sales for quote on Rail to vessel transfers. Due to US Coast Guard regulations we are no longer permitted to clear dock lines to the ship. Product remaining in the dock line will be cleared back to a railcar. Effective: January 1, 2014 Page 11 F:\TARIFF\12.doc