TRADEPOINT RAIL (TPR) FREIGHT & DEMURRAGE TARIFF TPR
TRADEPOINT RAIL (TPR) FREIGHT &DEMURRAGE TARIFF TPR 8600BSWITCHING, DEMURRAGE AND OTHERCHARGES APPLYING AT ALL POINTS SERVED BYTRADEPOINT RAIL, LLC.Effective January 1st, 2019Tradepoint Point Rail, LLC1600 Sparrows Point BoulevardBaltimore, Maryland 21209TPR is part of the Tradepoint Atlantic family of companies.
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BTABLE OF CONTENTSSection 1Item 100Item 110Section 2Item 200Item 210Item 220Item 230Item 240Item 250Item 260Item 270Item 280Section 3General ProvisionsApplicability and Interpretation . 4References to Tariffs, Notes, Rules, Etc . 4PaymentsCalculation of Charges; General Payment Terms; Rebilling . 5Payment of Charges – Non-Credit Customers . 5Security Deposits . 5Credit Terms . 6Finance Charges, Late Fees and Collections . 6Right to Sell Abandoned, Refused or Unclaimed Property. 6No Set-Off . 6Changes or Cancellation of Waybill / Bill of Lading.6Car Ordering.6Switching ServicesItem 300Interchange Line-Haul Switching . 7Item 310Item 320Item 330Over-Dimensional Railcars .7Intra-Plant Switching . 7Intra-Terminal Switching . 7Section 4Special and Miscellaneous ServicesItem 400Weighing . 8Item 410Sorting and Assembling.8Item 420Item 430Item 440Charge for Submitting Electronic Waybill / Bill of Lading.8Locomotives, Tenders, Cranes, Power Shovels & Power Derricks. 8Switch Maintenance Fee.8Section 5Item 500Item 505Item 510Item 515Item 520Item 525Item 530Item 535Item 540Item 545Item 550Item 555Item 560Item 565Item 575Item 580Item 585General Service RulesFirst Placement Constitutes Delivery . 9Interchange Error Movement .9Cars Ordered and Not Used . 9Cars Loaded in Excess of Load Limits or Improperly Loaded . 9Improper Cars Furnished for Loading by Connecting Lines . 9Reconsignment Within Switching Limits. 9Long and Articulated Cars . 10Turning Cars . 10Return of Cars . 10Removal and Replacement of Cars After First Placement . 10Shop Cars – Repaired or To Be Repaired . 10Switching for the Purpose of Non-Contract Cleaning . 10Closing or Opening Doors . 11Securing Leaking Cars . 11Charges for Delay in Accepting Service . 12No Right to Access TPR Track.12Miscellaneous Switching Services.12-2-
TRADEPOINT RAILSection 6Item 600Item 610Item 620Item 630Item 640Item 650Item 660Section 7Item 700Item 710Item 720Item 730Section 8Item 800Item 810Item 820Item 830FREIGHT & DEMURRAGE TARIFF TPR 8600BDemurrageApplicability . 12Notification by TPR . 12Notification to TPR.13Cars Held for Loading . 13Cars Held for Unloading . 14Cars Held for Purposes Other Than Loading and Unloading . 14Demurrage Calculation . 14Claims and Limits of LiabilityClaims . 15Customer Obligations . 15Defenses . 15Force Majeure . 15MiscellaneousGlossary of Terms. 16Abbreviations . 17Holidays . 17Car Order Form.18-3-
TRADEPOINT RAILSECTION 1GENERAL PROVISIONSItem 100Applicability and InterpretationFREIGHT & DEMURRAGE TARIFF TPR 8600BBy arranging for services with TPR, a Customer or a party acting under the direction of oron behalf of a Customer, authorizes and accepts all rules, requirements, terms,conditions and applicable charges contained in this tariff. In addition, any actions takenby a Customer or any other carrier that initiates, accepts deliver of, or affects amovement or supplemental service in TPR's network constitutes acceptance of the rules,requirements, terms, conditions and applicable charges contained in this tariff.In the event of any conflict between the terms and conditions in this tariff and any writtencontract between TPR and a Customer, the terms and conditions in the written contractwill take precedence. No person is authorized to enter into any oral contract on TPR'sbehalf.TPR may rely on the actions and representations of Customer’s agents.This tariff supersedes and replaces all prior tariffs issued by the Tradepoint Rail,including tariffs FT BDR 8500 and FT TPR 8600.Item 110References to Tariffs, Notes, Rules, Etc.This tariff incorporates (i) the non-conflicting provisions of TPR's other rules, as they maybe promulgated from time to time; (ii) Uniform Freight Classification UFC 6000 series(“UFC”); (iii) Official Railway Equipment Register RER 6411 series; (iv) Bureau ofExplosives rules BOE-6000; (v) Standard Transportation Commodity Code STCC 6001series; (vi) the station condition requirements set forth in Tariff OPSL 6000-Series, to theextent applicable; and (vii) all other applicable statutes, regulations, AAR and otherindustry standards, requirements and procedures that would apply without beingspecifically listed.-4-
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BSECTION 2PAYMENTSItem 200Calculation of Charges; General Payment Terms; RebillingAll charges are in US dollars. All charges are cumulative, and may be assessed in anycombination.Except as otherwise set forth herein, all charges incurred hereunder shall be due within30 days after the date of TPR's invoice therefor. Any dispute related to any invoice shallbe presented by Customer no later than thirty (30) days after Customer’s receipt of theinvoice in question.Customers may be billed for charges due to the actions of the Customer or otherrailroads. TPR may rebill to the party responsible for the payment of charges.Item 210Payment of Charges – Non-Credit CustomersCustomers who have not applied for and received credit approval with TPR, or who havehad their credit suspended by TPR, must pay line-haul freight charges and otherapplicable fees IN FULL (i) prior to TPR's acceptance of a Shipment at origin if Tendered‘prepaid or (ii) prior to placement of a Shipment at destination if Tendered ‘collect.TPR may transport or Tender Shipments for non-credit Customers prior to receipt ofpayment of charges as otherwise specified here. In those instances, all charges are dueupon receipt of the associated bill or invoice. Customers that fail to pay by the datespecified will be assessed late fees and finance charges.Item 220Security DepositsA security deposit to insure payment of any demurrage, storage and other charges thatmay accrue will be required from every Customer who:1.Is not on TPR's credit list or2.Fails to pay demurrage, storage and other charges after specific written demand.referring to this tariff provision.The deposit must be paid in cash, certified check, cashier's check or money order beforeany freight car is delivered to such Customer for Loading or Unloading. A deposit on oneunit of equipment will not be transferable to another.The deposit will be refunded after payment has been received for demurrage, storageand other charges on the corresponding equipment, should such charges have beenincurred. The Customer's request for such refund must be made in writing to the TPR,attention Chief Commercial Officer. If no refund request is received by that designatedoffice within thirty (30) days after the equipment is released, TPR will refund theremainder of the deposit to the Customer after deducting any unpaid demurrage,storage and other charges on that Shipment.Deposits will no longer be required after the Customer either:1.Is placed on TPR's credit list, or2.Has paid all outstanding charges and has given assurance to the satisfaction ofTPR's credit officer that future charges will be paid within credit period of 15consecutive days from the date on the bill.-5-
TRADEPOINT RAILItem 230FREIGHT & DEMURRAGE TARIFF TPR 8600BCredit TermsTPR may, in its sole discretion, offer credit agreements to qualifying Customers. TPRreserves the right to cancel any Customer’s credit in its sole discretion.Item 240Finance Charges, Late Fees and CollectionsTPR may assess a finance charge of 12% per year (or the maximum amount permittedby law) on charges that are not received by TPR when due and have not been disputedby Customer in writing and in good faith (“Undisputed Charges”).Late payments are subject to a 10% fee (or the maximum amount permitted by law) onthe outstanding balance of any Undisputed Charges that are not received by TPR whendue. The late fee is assessed in addition to the finance charge described above.All expenses incurred by TPR to collect money owed, including, but not limited to,attorneys’ fees, investigation and expert fees, and the costs of litigation shall be paid bythe Customer. TPR reserves the right to suspend rail service until all late payments areresolved.Item 250Right to Sell Abandoned, Refused or Unclaimed PropertyFreight that is abandoned by the Consignor and Consignee, refused by the Consignorand the Consignee, or unclaimed within 15 days after notice is issued to the Consignorand Consignee may be sold by TPR. The proceeds of any sale will be applied to thepayment of all transportation and other lawful charges and expenses incurred by TPRand any balance will be paid to the owner of the freight sold by TPR.Item 260No Set-OffCustomers may not set off or otherwise withhold payment of any TPR charge due to anyalleged overcharge, freight damage or other dispute with TPRItem 270Change or Cancellation of Waybill / Bill of LadingAny corrections or cancellations or request for such services made by theCustomer after the waybill / bill of lading has been received by TPR will beassessed a fee per railcar. 75.00Item 280Car OrderingCustomers must submit car order requests by 1600 hours on the Tuesday ofthe current week for cars needed the following week. Requests must bemade using the Tradepoint Rail Car Order Form which can be found in Item830 Car Order Form. TPR will only accept Car Order Forms from Customersdirectly serviced by TPR, Car Order Forms will not be accepted from thirdparties. Car orders may be placed several weeks in advance and they maybe modified. If car ordered is cancelled and the railcar has not beenreceived, the Customer will be assessed a fee per railcar. 300.00-6-
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BSECTION 3SWITCHING SERVICESItem 300Interchange Line-Haul SwitchingInterchange line-haul switching means the movement of a car from any location beyondthe point of interchange with the TPR at Sparrows Point, MD to any location within TPR'sswitching limits. When the rates published herein are not absorbed by the connectingrailroads as provided in the individual tariffs of these railroads, such rates will be inaddition to line-haul rates applicable to point of interchange with the Tradepoint Rail.Rates for interchange line-haul switching into or out of the switching limits of the TPRare unless otherwise specified under Item 310:Non-placarded (Non-hazardous) . 400.00Placarded (Hazardous). 525.00TIH/PIH Hazardous . 900.00Item 310Over-Dimensional RailcarsRates for any one or more of the following conditions must be on a case-by-casebasis arranged with TPR prior to the shipment from or arrival to the TPR:.a) Railcars that exceed maximum height of sixteen (16’) above feet top of rail.b) Railcars that exceed maximum width of eleven feet and six inches (11’6”)Item 320Intra-Plant SwitchingIntra-plant switching means the movement of a car from one location to another locationwithin the confines of a single industry without leaving the tracks of the industry. Rates forintra-plant switching are:Non-placarded (Non-hazardous) . 250.00Placarded (Hazardous). 375.00TIH/PIH Hazardous . 750.00Item 330Intra-Terminal SwitchingIntra-terminal switching is the movement (other than intra-plant switching) of a carfrom one location to another location within the switching limits of the TPR. Rates forintra-terminal switching are:Non-placarded (Non-hazardous) . 400.00Placarded (Hazardous). 525.00TIH/PIH Hazardous . 900.00-7-
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BSECTION 4SPECIAL AND MISCELLANEOUS SERVICESItem 400WeighingFor weighing or reweighing cars on TPR scales, an additional charge will beassessed each time car is weighed, loaded or empty . 150.00When cars are overweight for Shipment and TPR must switch loaded cars back toshipper for adjustment of loading, additional charges under Item 515 apply. Cars thatmust be reweighed will be assed an additional weighing charge.Item 410Sorting and AssemblingFor sorting, assembling and selectively sequencing empty or loaded cars by typeof car, railroad markings or commodity, when not randomly placed, the followingcharge willapply in addition to charges described throughout this tariff. 150.00Item 420Charge for Submitting Electronic Waybill / Bill of LadingFor submitting electronic waybill / bill of lading to the Class 1 railroad by a TPRagent, the Customer will be assessed a per car fee . 50.00Item 430Locomotives, Tenders, Cranes, Power Shovels & Power DerricksMovement of Locomotives, Locomotive Tenders, Locomotives and Tenders, LocomotiveCranes, Power Shovels and Power Derricks, Material Transfer Cars, Electric Pushers, onTheir Own Wheels, Dead will be handled as an Intra-plant Switch (see Item 310) or Intraterminal Switch (see Item 320).Movement of Locomotives, Locomotives and Tenders, on Their Own Wheels, UnderTheir Own Power will be handled as an Intra-plant Switch (see Item 310) or Intra-terminalSwitch (see Item 320).A locomotive is considered to be a single unit or a combination of units operated under asingle control.Item 440Switch Maintenance FeeA switch maintenance fee of Four Thousand Dollars ( 4,000) per year will be assessed toall customers serviced by TPR. The fee will be waived for those customers whoship/receive a minimum of five (5) loaded railcars per calendar year. Charges will beassessed each January of the following year.-8-
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BSECTION 5GENERAL SERVICE RULESItem 500First Placement Constitutes DeliveryWhen cars are placed for Loading, Unloading or shipper storage upon side tracks, teamtracks, leased tracks, warehouses, elevators, or other industries or locations served bythe TPR, such placement shall constitute delivery of the Shipment. Any subsequentmovement upon the TPR, by direction of Consignee, will be subject to switching charges.The TPR surrenders control of the car once the locomotive is cut away and resumescontrol of the car when the locomotive couples to the car.Item 505Interchange Error MovementCars received in error or without forwarding instructions from the delivering carrier will behandled in accordance with AAR Car Service Rule 7, subject to a switching charge forreturning car to delivering carrier or forwarding car to proper carrier within the sameswitching district, at the rates set forth in Item 300. Charge for this service will beassessed against the delivering carrier.Item 510Cars Ordered and Not UsedIf an empty car is ordered and placed for Loading and the car issubsequently released back to the carrier without being used intransportation service, a switching charge will be assessed against theperson, firm or corporation ordering such car . 450.00This charge will not apply if the car is rejected on account it is not suitable for Loadingwithin twenty-four (24) hours of placement excluding Saturdays, Sundays, and Holidays.In cases where the car is ordered for Loading or Unloading and the car has beenreceived on TPR Track from a connecting carrier but is returned unused by order of theperson, firm, or corporation originally ordering the car prior to placement, a demurragecharge for each day or fraction of a day the car is held on TPR Track will be assessedand payable by the person, firm, or corporation ordering such car as storage of cars onTPR Track.Item 515Cars Loaded in Excess of Load Limits or Improperly LoadedWhen cars are found to be overloaded (car or rail limits) or found to beimproperly loaded per AAR Specifications, a penalty charge will beassessed. 500.00Item 520Improper Cars Furnished for Loading by Connecting LinesWhen a car ordered for Loading is refused on account of not being inproper condition to load, a charge per car will be assessed against therailroad furnishing the car . 400.00Item 525Reconsignment Within Switching LimitsWhen a Reconsignment order is received by an authorized representativeof TPR from Consignor, Consignee, or owner in time to permit instructionsto be given to yard employees prior to placement, a Reconsignmentcharge will be assessed in the amount of . 400.00-9-
TRADEPOINT RAILItem 530FREIGHT & DEMURRAGE TARIFF TPR 8600BLong and Articulated CarsWhen, because of track structure constraints not operationally compatible withcars over 68 feet in length, TPR switches one-car-at-a-time, a charge for eachcar will apply in addition to all other applicable charges . 150.00When more than one car is required because of quantity or length of Shipment, each carshall be considered a separate Shipment and applicable switching charges will beaccessed on each car in the Shipment. Idler cars, buffer cars, trailer cars, or partly loadedcars will be treated as loaded cars.When Shipments are loaded in so-called articulated cars (two or more units permanentlyor temporarily joined together), switching and demurrage charges published in this tariffwill apply separately to each unit of the articulated equipment.When it is necessary to prepare cars for loads that require idlers or buffers byblocking draw bars, removing blank staffs, or otherwise specifically equippingsuch cars, the charge for this service will be accessed per each joint . 250.00Item 535Turning CarsWhen it is desired that cars be loaded or unloaded from a particular side or end of car, (i)the car must be marked with placards on both sides identifying the side from whichloading or unloading shall occur, and (ii) notation shall be made on the shippingdocument substantially as follows:NOTICE TO CARRIERDeliver car from side or end specified by placardCharge for turning any car . 400.00Item 540Return of CarsSwitching of a car, returned at the request of Customer’s shipper, in return movementfrom a designated route to a point on TPR Track or private track will be handled as anIntra-terminal Switch (see Item 330).Item 545Removal and Replacement of Cars After First PlacementFor removal and replacement of cars upon request of Consignor or Consignee, asapplicable, will be assessed an additional charge for each car re-spotted or replacedas an Intra-plant Switch (see Item 320) or Intra-terminal Switch (see Item 330).Item 550Shop Cars – Repaired or To Be RepairedSwitching cars from TPR Track or Private Track to point of repair or designated holdtracks, or between designated hold tracks and point of repair, will be handled as anIntra-plant Switch (see Item 320) or Intra-terminal Switch (see Item 330), as the casemay be.Item 555Switching for the Purposes of Non-Contract CleaningSwitching cars to a cleaning facility for the purpose of removing debris and refuse will behandled as an Intra-plant Switch (see Item 320) or Intra-terminal Switch (see Item 330),as the case may be. This includes switching to and from cleaning facility from existing- 10 -
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600Blocation, but does not include cleaning of cars or transportation of refuse or debris fromcleaning track.Item 560Closing or Opening DoorsIf Customer requires or requests TPR personnel to close or open a door,hatch, gate or secure tie-down devices on a railcar, when the railcar is notdeemed to be damaged by the car inspector, a fee will be charged for eachrailcar door, hatch, gate or tie-down devices requiring closing or opening. 125.00Item 565Securing Leaking CarsNon-Accident Release (NAR) is defined as an unintentional lading release of either ahazardous or non-hazardous material while in possession of TPR or on TPR propertywhich, results from an act or an omission of a shipper, including but not limited to, failureto properly secure valves and/or fittings, failed closures and/or pressure relief devices,or overloaded containers. For purposes of this Item 565, a hazardous material “Haz Mat”means a hazardous material or its residue as defined by the U.S Department ofTransportation or as found in the current Directory of Hazardous Materials ShippingDescriptions as issued by RAILINC.For each NAR or potential NAR, TPR will assess a minimum “Car Switching and SpillMitigation Charge” to the shipper, as identified on the waybill, as follows: 5,200 plus cost of repair and remediation per car, per NAR, for each carcontaining Hazardous Material or its residue. 1,550 plus cost of repair and remediation per car, per NAR, for each carcontaining a non-hazardous lading or its residue. Non-hazardous lading isdefined as any commodity not defined as a hazardous material or its residue asdefined by the U.S. Department of Transportation or is not as found in the currentDirectory of Hazardous Materials Shipping Descriptions as issued by RAILINC. 2,075 plus cost of repair and remediation per car, for each car containingHazardous Material with improperly secured or open closures (fittings, plugs,valves, manways) presenting the potential for a NAR but not yet releasinglading.The shipper, as identified on the waybill, shall also be responsible for all expensesincurred by the carrier where such expenses result from an act or omission of a shipperthat causes an NAR and such expenses exceed the applicable “Car Switching and SpillMitigation Charge.” These expenses shall be in addition to the aforementioned “CarSwitching and Spill Mitigation Charge” and include but are limited to expenses associatedwith emergency response, environmental mitigation, site cleanup, waste disposal,personal injury, exposure, evacuation, regulatory penalties, litigation, lading transfer, andlong term environmental investigation and remediation. When the shipper identified onthe waybill is a third party, acting as an agent, and the agent’s principal will be consideredthe shipper of record and will be subject to the “Car Switching and Spill MitigationCharge”.If possible and practical, TPR, upon notification of a NAR, will advise the shipper ofincident details and will allow the shipper the opportunity to assist in the spill mitigation,provided their responders are qualified with all applicable railroad safety rules. Causedetermination of the NAR will be performed by TPR, and documentation will be madeavailable to the shipper upon their request.- 11 -
TRADEPOINT RAILFREIGHT & DEMURRAGE TARIFF TPR 8600BThese charges apply to all NARs, regardless of commodity type, commodity hazard orthe lack thereof, and apply to all rail car equipment or lading packages contained within,i.e. tank car, hopper car, box car, gondola car, platform car, refrigerated unit, intermodaltank, intermodal container, tote, drum, bag, box, pail, etc.The switching of a leaking car involved in a NAR will be at the discretion of TPR'sauthorized representative at the time of the NAR. The “Car Switching and Spill MitigationCharge” for a NAR will be in addition to any other involved chargeable servicesperformed in connection with such car(s).Item 575Charges for Delay in Accepting ServiceWhen receipt or delivery of a car or cars cannot be accomplished in ContinuousMovement because of interruption, interference or any other condition, including a cardeemed unsafe for movement or customer is unable to handle all cars originallyrequested, caused by the Customer, Shipper or Consignee, the carrier will arrange forreceipt or delivery under the following provisions:If, after a reasonable period of delay, the obstruction or condition preventing completionof service has not be
Freight that is abandoned by the Consignor and Consignee, refused by the Consignor and the Consignee, or unclaimed within 15 days after notice is issued to the Consignor and Consignee may be sold by TPR. The proceeds of any sale will be applied to the payment of all transportation and other lawful charges and expenses incurred by TPR
freight journey by maximising rail trunk haul and minimising some elements of the secondary distribution leg by road, through co-location of other distribution and freight activities. SRFIs are a key element in reducing the cost to users of moving freight by rail and are important in facilitating the transfer of freight from road to rail .
3. LCA of rail freight transport 4. LCA of IWW transport 5. LCA of road freight transport 6. Comparison of the environmental impacts of the transport modes III. Environmental impact assessment of freight transport 7. Study of intermodal freight transport routes 8. Study of the modal split of inland freight transport in Belgium IV. Conclusions .
a visit to Laredo, TX, where FRA observed both north and southbound freight train movements on the International Bridge in Laredo, which has the most freight rail traffic among the southern border rail ports of entry (POEs). The Study found standards and protocols for freight rail service between Mexico and the U.S.,
Appendix 9 – Rail Freight Projects. Appendix 9. Freight Rail Projects . In an effort to identify the capital needs of the freight industry in Pennsylvania, PennDOT conducted an extensive outreach initiative, in coordination with the Keystone State Railroad Association, to secure input fr
Freight Rail also transports a broad range of bulk general freight commodities and containerised freight. The division maintains a complex rail network of approximately 31 000 track kilometres (20 900 route kilometres) over which commo
Bottom rail, mid & top railS Top Rail Mid-Rail Bottom Rail how to measure mid-rail height When measuring the mid-rail height it is important to measure to the center point of where you would like the mid-rail to be placed. As the mid-rail is the same size as an individual louver, it will be placed approximately /- 1” for the specified height.
bolted joints are especially prevalent in early built rail transit systems. C racks are often found to initiate in the area of the first bolt hole and rail head to web fillet (upper fillet) at the rail end among bolted rail joints, which might cause further defects, such as rail breaks or loss of rail running surface P revious
on criminal law reforms which I had begun in 2001 when still working as an attorney. Observing the reforms in action and speaking with judges and lawyers not only helped to inform my own work, but also helped me to see how legal reform operates in a
