Yacht - Pleasure Craft with more than 50 lineal feet in length but less

than 100 lineal feet in length. 2.0 Conversion Factors 1 kilogram = 2.2046 pounds 1 pound = 0.4536 kilograms 1,000 kilograms = 2,204.6 pounds = 1 metric ton 1 metric ton X 1.02 = 1 short ton 1 metric ton X .984 = 1 long ton 1 Short ton = 2,000 pounds kilograms X 2.2046/2000 = Short Tons 1 cubic meter = 35.315 cubic feet Cubic meters X 35.315 = cubic feet 1 cubic meter X 1.13 = 40 cubic feet 40 cubic feet X 0.88 = 1 cubic meter 1 centimeter = 0.3937 inches Centimeters X 0.3937 = inches Inches X 2.54 = centimeters 10 1 meter = 39.37 inches. Meters X 3.281 = feet Feet X 0.3048 = meters 1 cubic meter = 423.78 feet board measure (FMB) 1,000 FMB = 2.36 cubic meters 1 barrel = 42 gallons = 158.9881 liters 1 cwt = 100 pounds = 2 cubic feet = 24 board feet measure of lumber 1 gallon fuel oil (Bunker "C") = 8.33 pounds; 6.40 barrels per ton of 2,240 pounds; 350 pounds per barrel of 42 gals. 1 gallon lubricating oil = 7.69 pounds; 6.94 barrels per ton of 2,240 pounds; 322.8 pounds per barrel of 42 gals. 1 gallon diesel oil (Navy) = 6.96 pounds; 7.67 barrels per ton of 2,240 pounds; 292.2 pounds per barrel of 42 gals. 1 gallon diesel oil (Commercial) = 7.25 pounds; 7.36 barrels per ton of 2,240 pounds; 304.5 pounds per barrel of 42 gals. 1 gallon gasoline (Commercial) = 6.15 pounds; 8.66 barrels per ton of 2,240 pounds; 258.3 pounds per barrel of 42 gals. 1 gallon kerosene (Commercial) = 6.75 pounds; 7.91 barrels per ton of 2,240 pounds; 283 pounds per barrel of 42 gals. 1 open waste Container = 4.6 short ton = 30 yards = 90 drum bags (55 gallons) 1 "cuerda" of land = 3,930.40 square meters 1 acre of land = 4,000 square meter 11 3.0 General Rules and Regulations The rules and regulations are applicable to the Docks, Landing Places, Marine Terminals, Quays, Transit Areas and Wharves or any other PRPA facility which is used for loading or unloading any type of Cargo and embarking or disembarking passengers. Such rules and regulations, as well as tariffs, fees, penalties, fines, and any cost and expenses, shall apply equally to all users of the PRPA facilities. Notwithstanding, (PRPA) is the Commonwealth Agency, which is empowered by law to authorize the harbor entrance to the PRPA Ports, and Adjacent Islands, harbor entrance must be previously authorized by the US Coast Guard. The PRPA facilities are subject to the US Homeland Security Act, the US Coast Guard, the US Customs and Border Protections, US Department of Agriculture, US Corp of Engineer, US Environmental Protection, US Occupational Safety and Health Administration, among other Federal, Commonwealth and local regulations. 3.1 Operating Schedule 3.1.1 Operating Days and Hours Maritime facilities are available twenty-four (24) hours a day during seven (7) days a week, subject to previous coordination and approval of Extended Operating Hours. 3.1.2 Extended Operating Hours Extended hours for conducting Maritime Operations will be authorized upon request. Such request must be filed with the PRPA Operation Office twenty-four (24) hours before noon of the last regular business day before Saturday, Sunday or the Holiday or twenty-four (24) hours. before the day for which the Extended Operating Hours is requested. Such Extended Operating Hours shall be subject to Charges as herein thereof. Terminals with exclusive land leases are exempted from requesting extended hours operation authorization. 3.1.3 Office Days and Hours Office Days and Hours at the Port of San Juan are Monday through Friday from 7:00 am to 11:00 am and from 12:00 noon to 3:30 pm, except Holidays. Office Days and Hours at the Ports of Arecibo, Guánica, Guayanilla, Guayama and Yabucoa are Monday through Friday from 7:30 am to 11:30 am and from 12:30 noon to 4:00 pm, except Holidays. 12 3.2 Consent to Terms of Tariff The use of any PRPA facilities, such as Harbors, Docks, Landing Places, Marine Terminals, Quays, Transit Areas and Wharves, shall constitute a consent by the interested parties to abide by all terms, conditions, rules and regulations, and to pay all Charges specified in this document as tariff, penalties, fees, rates, fines and cost and expenses as set forth in this document. In addition, all users of the PRPA facilities are solely required to comply with any and all municipal, Commonwealth of PR and federal regulations for conducting business. PRPA has no obligation to provide storage or accommodation for property which has not been transported, nor is intended to be transported by water to or from the PRPA facilities; nor has the obligation to provide Docking, Wharf, storage or service beyond reasonable capacity of the facilities; nor has the obligation to provide extended storage for any property in the course of normal operations, beyond a period of time determined. 3.2.1 Jurisdiction Jurisdiction for any action whether in law or equity and whether founded in contract or in tort, brought by any user against the PRPA arise from or incidental to the user's operations on property of the PRPA and/or its use of services or facilities, shall lie exclusively in the US District Courts or the Commonwealth of Puerto Rico Courts, as applicable. Ports under the jurisdiction of the PRPA mean all the ports of Puerto Rico according to the Docks and Harbors Act of Puerto Rico, No. 151 of June 28, 1968 (23 L.P.R.A. 2101-2801), as amended. The berths which are part of Piers or Maritime Terminals owned by private persons or entities or by any other governmental entity and which are not owned or in possession by the PRPA are included solely for general regulation benefits which might be applicable with safety objectives, but not for dredging responsibility objectives nor safeguarding of property belonging to the particular terminal or Pier operator's watchman services objectives. No terminal facilities at Ponce and Mayagüez are under the control or administration of the PRPA. 3.2.2 Severability Clause If any provisions of this regulation to any person or circumstance are declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder of the regulation or its application. 13 3.3 Responsibility and Liability The Charges provided in this document do not include any expense of property or any other insurance covering owner's interest. 3.3.1 Insurance All stevedoring companies and/or Vessel or Ship Agent or Vessel's subcontractors shall be responsible to provide PRPA evidence of carrying a bodily injury liability insurance and property damage liability insurance, for which they must furnish certificates of insurance. Such insurance shall be in amount not less than $1,000,000 combined single limit and for contract terminal operators not less than $1,000,000. The stevedoring firms and/or Vessel or Ship Agent or Vessel's subcontractors, or other contractors must submit, on an annual basis, evidence of the renewal of the liability and property damage liability insurances. The PRPA facilities may require higher limits and the Authority may request an increase in the limits when deemed necessary. The stevedoring firms and/or Vessel or Ship Agent or Vessel's subcontractors, or other contractors shall maintain and submit to the PRPA on an annual basis a certificate of coverage issued by the Puerto Rico Workers Compensation Insurance or CFSE ("Fondo"). Companies without an approved insurance coverage and or CFSE certificate will not be allowed to operate on the facilities. 3.3.2 Hold Harmless All users of the PRPA facilities shall hold harmless, indemnify and defend the PRPA from and against any and all causes of action, suits, claims, damages, and demands of whatsoever kind or nature including, but not limited to, claims for consequential damages, claims for personal injury, wrongful death, breach of contract, property damage or destruction, natural resource or environmental damages, losses of income and/or earnings, civil or criminal fines or penalties, liabilities, attorney's fees, expert witness fees, court cost and all other costs and expenses arising from or incidental to the users' operations on the PRPA facilities. No provision in this document shall limit or relieve PRPA from liability nor shall be required to indemnify and hold harmless for the PRPA own negligence. The PRPA will provide a proper disclosure of this document through different media. However the PRPA facilities' users are totally responsible of obtaining knowledge of the PRPA facilities' rules, regulations and restrictions, as well as the applicable tariff herein thereof. 14 3.3.3 Liability for Loss, or Damage Limited Except as may be directly caused by its own negligent acts or omissions, the PRPA shall not be responsible for loss of any freight being loaded at the facilities, nor for damage to or loss of freight on or in its facilities, by fire, leakage or discharge or water from fire protection sprinkling system; collapse of buildings, sheds, platforms, Wharves, subside of floors or foundations; breakage of pipes. At no time the PRPA shall be liable for loss or damage caused by rats, mice, moths, weevils or other animals or insects. The PRPA shall not be liable for any delay, loss or damage arising from strikes, tumult, insurrection, riot, sabotage or Force Major, nor from any of the consequences of these contingencies. On all shipments received at the PRPA facilities where shippers and/or consignees do not have a representative present at the Dock to check or make receipt for the shipment, the check count or measurement made by the PRPA Pier Attendant will be complete without further liability to the PRPA. The PRPA will not be liable for any abandoned property. 3.3.4 Indemnity Bond or Letter of Credit Maritime Customers must furnish Indemnity Bond and/or Letter of Credit, insuring the PRPA against loss of any funds and/or indemnifying the PRPA in full for the payment of bills that accrue as a result of dockage, port service fees, cargo and passenger wharfage, water sales, storage, rentals leases, warehousing, Demurrage, electricity and any other Charges that may accrue for services rendered by the PRPA. A PRPA credit evaluation commission shall evaluate and determine the initial amount of the required Bond and/or Letter of Credit. After the initial amount is set, APPR Finance Department may, from time to time, adjust the required amounts based on customer payment history and/or any other parameters deemed necessary. 3.3.5 Damages to Facilities Vessels Owners or Consignee Agents, and any other users of the PRPA facilities, shall immediately report in writing any damage to the PRPA facilities caused by them and shall be held responsible for all the respective damages determined. PRPA might detain any Vessel or other watercraft until the responsible users of the facilities have reported any damage caused by them to the PRPA. During such detention, the Vessel shall continue assessing any applicable tariff. 15 Damages to facilities include the actual cost and expenses incurred, without limiting, from any contractor and/or associated PRPA's labor, use of equipment or equipment lease, costs of materials, among others, being these damages the result of: (a) Willfully or carelessly destroy, damage disturb, deface, or interfere with any buoy, float life preserver, sign, notice or any other PRPA property whatsoever under its jurisdiction or by its custody; (b) Damage done to any Wharf, wharf premise, facility or other property owned by PRPA or in the possession of, or under the supervision, management or control of PRPA. In the event any damage is done, the person or persons causing, responsible for, or in any way connected with such damage and the person or persons to whom the Wharf, Wharf premises, facility or other property owner, operator, or Consignee Agent of any Vessel, vehicle, or other property involved in such damage, shall promptly file with PRPA a full report thereof stating (i) the date and hour the damage occurred, (ii) the names and (iii) address, or, if unknown, (iv) a description of witnesses and other persons, vessels or entity involved in the damage, as well as all (v) other pertinent facts and information that may be available and useful. Once assessed the damages to the PRPA facilities, the person, Vessel, Consignee Agent or anyone responsible thereof for such damages shall be charged and held liable for any Charges resulting from the cost and expense of the replacement or repair of the property so damaged or destroyed. Any person that refuses neglects or fails to make or give such report in the form and manner aforesaid is subject to applicable, tariff, penalties and fines as herein established in this document. In addition, PRPA reserves the right to deny the use of PRPA facilities until PRPA has been fully reimbursed for any such damage. 3.3.6 Access of Officers and Employees Officers, and employees of PRPA may, from time to time, perform inspections and/or investigations in order to enforce the compliance with the provisions included in this regulation. In order to perform said duties, properly identified PRPA officers and/or employee shall have the right to access Vessels, Wharfs, Warehouses and/or sections of the Puerto Rico waterfront. No person shall obstruct or intervene in any form with such officers or employees during the performance of their duties. 16 ( PRPA auditors and/or investigators, will have the authority, at any time, to conduct audits or investigations through all Vessels, Wharfs, Warehouses, sections of the Puerto Rico waterfront, and any other maritime operation conducted on the PRPA facilities. The documents and information provided or obtained, for an audit or investigation will be treated as confidential. No person shall obstruct or intervene in any form with such auditors or investigators during the performance of their duties. 3.4 Pilotage Services 3.4.1 Harbor Pilot's Charges Pilotage services to Vessels conducting business or activities at the PRPA facilities are accessible through the Vessel or Ship Agent at the Vessel's cost based on the Pilot's own tariff. Charges are due and payable to the Harbor Pilots. PRPA is not responsible or liable for services given by the Harbor Pilots. 3.4.2 Harbor Pilot Boat PRPA shall provide space at the Wharf to place the Harbor Pilot Boats at no Charge. 3.4.3 Sea Operation Waiver PRPA shall waive the Harbor Pilot's sea operation for the purposes of: 3.4.3.1 Permits The Harbor Pilot is granted with a full waiver for conducting business at the PRPA facilities and is not required to submit Docking Application Permit. 3.4.3.2 Tariff Exemption The Harbor Pilot Boat is waived from the payment of Port Services Charges and Dockage fees while conducting business at the PRPA facilities. 17 4.0 Property Usage, Restrictions and Limitations 4.1 Space Usage and Allocation PRPA shall control the usage and allocation of all available space on its properties. All persons using the PRPA facilities in any manner shall strictly coordinate the usage with the PRPA authorized representative and comply with such allocation of space. PRPA may move freight or other articles, at Vessel Owners' or Consignee Agents' risk and expense, in order to enforce this section. In all cases, the objective of space allocation is to insure maximum flexibility and utilization of available space, both covered and open, and the PRPA shall be the sole judge in this matter. 4.1.1 Special Accommodations Special accommodations are provided to related Regulatory Agencies based on the following two criteria: 4.1.1.1 Law Enforcement PRPA allows the access to the PRPA facilities at no cost to any Regulatory Agency ruling duties and activities at Maritime Ports. Such access is limited to the free use of the PRPA facilities during the time that endures the performance of such law enforcement tasks. 4.1.1.2 Office Space Additional office space, whenever is available, for the purposes of establishing an office location at the PRPA facilities, may be subject to the cost, terms and conditions upon agreed by the PRPA and the concerning Regulatory Agency. 4.2 Emergencies Anyone at the PRPA facilities that becomes aware of an emergency situation of any nature shall notify a PRPA Pier Attendant or any available PRPA employee by the fastest means, while taking such immediate direct action as may be appropriate. In case of fire on board a Vessel docked, such Vessel should sound five (5) prolonged blasts of its whistle or siren, each blast to be from four to six seconds duration, to indicate a fire on board, or on the Wharf at which the Vessel is berthed. Such signal should be repeated at intervals to attract attention and be used as an additional method for reporting a fire. 18 4.3 Facilities Maintenance All users of PRPA facilities shall be held responsible for cleaning the facilities after using them, including adjacent aprons and gutters. If the facilities are not properly cleaned, PRPA shall order it's cleaning at the cost and expense of the responsible party or user. PRPA shall bill any cost for labor, use allowance and materials incurred to do so and any expense for contracted services, if required and applicable. Refer to Cleaning Tariff article 9.5.2. Areas subject to PRPA facilities janitorial services are exempt from this rule unless abuse by the user. In the case of abuse, the user and/or the user Vessel Agent will be charged for the cleaning and any repair needed. 4.4 Inside Fencing Restrictions PRPA must authorize all fencing inside transit sheds, warehouses and Marine Terminals. All original fencing or subsequent modifications will be installed at the expense of the user of the PRPA facilities. After installation, the fencing becomes property of the PRPA; however, PRPA reserves its rights to require its removal by the party installing it, in the event of vacating the facility or for any other just cause. 4.5 Motor Vehicles Activities Following are the restrictions relevant to motor vehicles activities at PRPA facilities. PRPA is authorized to remove from the property any vehicle that violates this section at the risk and cost of the vehicle owner or use 4.5.1 General Public Parking All motor vehicles entering PRPA facilities, not engaged in the transportation of Cargo, shall park in the areas designated by the PRPA Security Officers. Certain parking specifications and restrictions may apply according to evacuation plans, and time limitations. 4.5.2 Cargo Vehicles Any motor vehicles engaged in the transportation of Cargo, and its driver, must have comply with all security requirements, including identification cards and vehicle register, accordingly to the Facility Security Plan. No access shall be provided to any unauthorized vehicle's driver and/or passenger or worker. 19 4.5.3 Storage of Motor Vehicles Authorized storage of any motor vehicle shall first require drain of all gasoline or other liquid petroleum products, except in the event that PRPA has authorized isolated areas for such purposes. 4.5.4 Loading Zones It is prohibited to park automobiles in any prohibited area or to park any automobile, truck, trailer or any other vehicles in loading zones for a period longer than the necessary to load or discharge Cargo or passengers. 4.5.5 Speed Limit on Wharves Any person operating or driving a motor vehicle or other vehicle upon any Wharf, or within any transit shed, warehouse, or enclosed Marine Terminal area, or in any other area where Cargo is actually being handled, shall operate or drive the same at a careful and prudent speed or at a rate of speed not greater than ten (10) miles per hour, having due regard to the traffic. It is prohibited for any person to operate or drive a motor vehicle or any other vehicle at such a rate of speed or in any manner so as to endanger the life, limb or property of any person, subject to penalties that may include fines and/or revocation of permits or access privileges. 4.6 Persons Not Allowed on Certain Premises Any person under the influence and/or who appears to be under the influence of alcohol and/or illicit drugs shall not enter or be allowed to remain on any terminal and/or any other premises where flammable or combustible liquid cargo is present or is being handled. Any person acting and/or behaving in a disorderly manner is prohibited from handling and/or remaining in an area where flammable or combustible liquid cargo is present. 4.7 Prohibited and Restricted Activities The following activities are prohibited or restricted at PRPA facilities. PRPA assumes no responsibility for the occurrence of injuries or any kind of damages resulting from a violation to this section, including any aggravate from law enforcement intervention. Violations of any prohibited or restricted activities are subject to fines as described herein thereof. 20 4.7.1 Smoking Smoking or lighting a match, in any area at the PRPA facilities for which the Commonwealth of Puerto Rico Fire Service or any other Regulatory Agency prohibited so, except if done on any smoking designated areas, if any, is existing or available at any of PRPA Ports. 4.7.2 Loitering PRPA shall deny or limit the access to PRPA facilities to any person loitering. 4.7.3 Solicitation Solicitation in any way or purposes is prohibited for any person. PRPA can deny access to such persons to the PRPA facilities. 4.7.4 Peddling Peddling or carrying on any business on PRPA is prohibited, except when a special and limited time permit is obtained from the PRPA to do SO. In such cases, PRPA shall deny or limit the access to PRPA facilities to any person who may still peddle after any permit given for a sole purpose is expired. 4.7.5 Fishing Is prohibited to any person, Vessel Owner, Consignee Agent or operator thereof used in any manner, any berth Wharf, Wharf premise, or other area under the jurisdiction of the PRPA facilities without first securing an assignment or other permission to do SO. 4.7.6 Diving or swimming Is prohibited to any person from any Vessel, Dock, Wharf, Pier or premises. Diving as part of conducting under the water works, shall required authorization or permit from PRPA. Terminals with exclusive land leases are exempted from requesting extended hours operation authorization. 4.7.7 Signs Signs painted on structures of PRPA facilities or erected or displayed by the users without prior approval from PRPA are prohibited. PRPA shall have approved the design, material and size of said signs on a uniform basis. Signs and labels required by federal and state regulation shall be exempted from this requirement. 21 4.7.8 Disorderly manner behavior Is prohibited, especially if such behavior is offensive and hostile, in which case, persons may be subject to law enforcement. 4.7.9 Making Fast or Remaining at Wharf without Consent: Is prohibited, or to cause or permit any Vessel to be made fast, to any Wharf, or to cause or permit any Vessel to remain fastened to any Wharf, or to be or remain moored immediately in front thereof, without the consent of the PRPA. It is prohibited for any Vessel to remain fastened to any Wharf, or to remain moored immediately in front thereof, after the consent to remain fastened or moored has been revoked or withdrawn by the PRPA. Any Vessel fasten to or moored in front of any Wharf, or remaining fastened to or moored in front of any Wharf, in violation of this section, shall be subject to penalties (article 7.5.2) and removal by or at the orders of the PRPA and at the risk and cost of such Vessel, its Consignee Agent or Vessel Owner. 4.7.10 Vessels Extending Beyond a Pier or occupying an outside berth area: Every vessel lying at any wharf whose stern or bow extends beyond the edge or end of any Wharf, and every Vessel lying alongside another Vessel berthed at a Wharf (outside berth), while occupying such position without proper authorization, shall be responsible for any and all damages to itself and to any other Vessel. 22 5.0 Security, Safety and Environment Regulations 5.1 Security PRPA Ports are ruled by the US Homeland Security Act, U.S. Coast Guard, US Customs and Border Protection and US Department of Agriculture. These Regulatory Agencies work in full coordination with PRPA to ensure the prompt response for each party whenever it is required as part of the implemented operational plan and the Facility Security Plan. All persons entering the PRPA facilities must abide by the terms of the US Homeland Security Guidelines, US Border Patrol and the Maritime Security Transportation Act. PRPA has in place the following programs: (i) International Port Security Programs, (ii) MARSEC levels for response, (iii) Transportation Worker Identification Cards (TWIC), (iv) Vessel inspections, (v) Cargo inspections, (vi) Passenger inspections, among others, as required and enforced by law or any Federal or Commonwealth of Puerto Rico regulation. 5.1.1 Identification Cards on Restricted Areas Access to PRPA premises including, but not limited to wharfs, bulkheads, docks and/or maritime operational areas, that are not identified as general public areas, will be restricted and limited to properly identified passengers in transit, outbound or inbound vessel crewmembers, terminal operators and employees, PRPA and Regulatory Agencies personnel. Access shall only be provided to authorize personnel holding valid PRPA issued identification card, together with the TWIC. Aside from the initial issuance of the PRPA identification card and TWIC, it is the responsibility of the personnel to cover the expenses related to the renovation, replacement and/or issuance of duplicate for said documents. It is also the personnel's responsibility to carry said documents at all times when in premises. PRPA general public areas include, but are not limited to passenger terminal lobby, general public parking and offices, among others. 5.1.2 Identification Cards All PRPA employees shall carry at all times a valid PRPA issued photo identification card, in addition to the TWIC. Aside from the initial issuance of the PRPA identification card and TWIC, it is the responsibility of the personnel to cover the expenses related to the renovation, replacement and/or issuance of duplicate for said documents. It is also the personnel's responsibility to carry said documents at all times when in premises. 23 Foreign flag Vessel Owners and/or Vessels and/or Ship Agents shall require crewmembers disembarking in the PRPA facilities, wharfs, piers, docks and/or bulkheads to carry a valid photo issued identification card. US Coast Guard shall verify the compliance with this requirement. Foreign flag Vessel Owners and/or Vessels and/or Ship Agents will be responsible for the payment of any fine imposed to and/or by the PRPA for failing to comply with this provision. 5.1.3 Preventive and General Security Services The Puerto Rico Police and the PRPA Security Officers shall patrol PRPA facilities to prevent and avoid crimes and law violations as well as other general law enforcement actions. No parking allowed next to PRPA facilities or Port facilities fencing or perimeter. PRPA Security Officers shall oversee and protect PRPA properties and shall collaborate and assist the Puerto Rico Police in any investigation or situation resulting from a law infringement within the jurisdiction of PRPA facilities. PRPA Security is not responsible in any manner for the custody of property, Cargo, vehicles, Vessels or facilities of the users in the premises of the PRPA facilities. 5.1.4 Individual Security for Maritime Operations All the users of PRPA facilities shall be held responsible of providing their own security when they have Cargo, Vessels, or any other property on Pier Premises. Watchmen used by Vessels, among other users, must comply with additional requirements to the PRPA, besides the ones applicable for the identification cards holders. The Facility Security Officer shall maintain an updated list of all watchmen on service. 5.1.5 Inspections PRPA Security Officers as well as those hired by the shipping companies, Vessel or Ship Agent or stevedoring companies may inspect any motor vehicle at the entrance or exit of any of the Pier facilities when they deem it pertinent. Cargo, motor vehicles and passengers are subject to Regulatory Agencies who must conduct inspections to passengers, Cargo and motor vehicles traffic as Cargo, at their entrance or exit as part of their ordinary and law enforcement duties. 24 5.2 Safety and Environmental 5.2.1 Empty Drums and other containers not allowed on Wharf Empty drums, tanks, barrels, and other vase, used for the storage or transportation of gasoline, distillate, kerosene, or other flammable products, shall not be allowed to remain on any Wharf or landing area after sunset of the day received without securing special permission to do so from the PRPA facilities, subject to the approval of the US Coast Guard. 5.2.2 Explosives, Inflammables, Unlawful Objects, Controlled Substances and Hazardous Material Explosives, inflammables, unlawful objects (such as stolen vehicles, contraband, guns and ammunitions, among others), controlled substances and other hazardous commodities or materials will not be handled over or received on the wharves or other facilities of the PRPA until and/or unless previous approval is obtained from the US Coast Guard, and all applicable federal, state and local laws, regulations and ordinances relative to air quality, solid waste management, hazardous waste management, hazardous or toxic substances or the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.), the Hazardous Material Transportation Act (49 U.S.C. Section 1801, et seq.), the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.), the Clean Air Act (42 U.S.C. Section 7401, et seq.), the Toxic Substances Control Act (15 U.S.C. Section 2601, et seq.) and the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136, et seq.) /or any other Federal and/or Local Government Agency with interest over the matter as may be determined by the PRPA. Such approval must be obtained by presenting to the PRPA, the US Coast Guard form titled "Application and Permit to Handle Hazardous Materials" not less than 48 hours prior to the ship's arrival. Ships transporting such materials without the intention of discharging, pursuing only to be berthed at the PRPA facilities, shall also notify the US Coast Guard and the PRPA at least 48 hours prior to the ship's arrival and provide said information in the Docking Application and Permit. PRPA may refuse the use of its facilities or water-front for the handling, stowing, loading, discharging or transportation of such explosives or dangerous articles which are considered by the PRPA as undue burden of risk or exposure to risk. Shall not discharge, release, leak, or emit, or permit to be discharged, released, leaked, or emitted, any Hazardous Material into the atmosphere, ground, soil, sediment, groundwater, sewer 25 system, or any body of water, if that Hazardous Material. The presence, disposal, release, or threatened release of any Hazardous Material on, from, to, under, or otherwise affecting the soil, water, vegetation, buildings, personal property or animals. Whenever a Ship transporting explosives, inflammables or other hazardous materials is berthed at the PRPA facilities, a copy of the Hazardous Cargo manifest shall be filed with the PRPA at least 48 hours prior to the ship's arrival. Provide all information regarding the use, generation, storage, transportation, treatment, disposal of, or other management of Hazardous Materials that is requested by the Authority. Any Cargo in violation of any Federal and/or Local Statute of Law must not be discharged from the Vessels or moved from the PRPA facilities until the corresponding Regulatory Agency with interest over the matter arrives, inspected the goods, performs an investigation and decides upon the matter. Authority and its employees or agents, shall have the right to request and obtain copies or reports and notices concerning compliance with all applicable. environmental laws and regulations, permits, and licenses. These monitoring activities may include, among other things: physical inspections, tests and sampling; installation, service, and inspection of environmental monitoring devices; examination and copying of documents of records dealing with Lessee's compliance with environmental laws, regulations licenses and permits No Cargo in this section can be removed from the PRPA facilities without the PRPA written consent. Vessel Owners, Consignee Agents, users, contractors and/or stevedores will be denied future access to the PRPA facilities if they violate this provision. Vessel Owners, Consignee Agents, users, contractors and/or stevedores will be responsible for any and all the damages caused to the PRPA as a result of the improper handling of the cargo mentioned in this section. 5.2.3 International Garbage from Vessels It is prohibited to unload, remove or discharge, or cause, suffer or permit to be unloaded, removed or discharged, from any Vessel any garbage or waste material of any kind coming from foreign countries to be discharged as domestic garbage. However, PRPA shall accept the disposal of such garbage or waste material, subject to previous approval from the pertinent Regulatory Agencies, and the coordination and assurance of complying with US Coast Guard, the US Department of Agriculture and US Homeland Security. For such purposes, the Vessel or Ship Agent shall contract an independent waste disposal collector at its own cost and expense. 26 5.2.4 Fire Fighting Apparatus It is prohibited for any person obstruct or interfere with the free and easy access to, or to use, remove or in an manner disturb, any fire extinguisher, fire hose, fire hydrant, or any part of any fire sprinkler system, or any other fire fighting appliance or apparatus installed in or upon any Wharf, warehouse or other building, structure or premises, under the jurisdiction of the PRPA facilities, except for the prevention of fire. However, that nothing herein contained shall prevent making necessary repairs or tests by any person duly authorized to do SO. 5.2.5 Pollution of Air, Water and Land It is prohibited for any person, firm or corporation to deposit, place or discharge into the waters of the PRPA facilities and facilities any Ballast, Dunnage, sanitary sewage butcher's offal, garbage, dead animals, gaseous liquid or solid matter, oil, gasoline, residuum of gas, calcium carbide, tar or refuse, or any other material which is capable of producing floating crust or scum on the surface of the water, sediment or obstruction on the bottom of the waters, or odors or gases or putrefaction, either on land or in water. Hazardous Materials are used, stored, generated, or disposed , the Premises and other facilities become contaminated as a result thereof, shall indemnify and hold harmless the Authority from any and all claims, damages, fines, judgments, penalties, costs, and liabilities (including, without limitation, any decrease in the value of the Premises and other facilities not corrected by remediation, damages caused by loss or restriction of rentable or usable space, or any damages caused by adverse impact on the value of the Premises and other facilities, and any sums paid for settlement of claims approved by Agent, reasonable attorney's fees, and consultant fees), arising from such contamination, whether such contamination is discovered at any time during the term of this tariff or after this tariff has terminated, expired or been cancelled. This indemnification includes all reasonable costs incurred because of (i) environmental investigation of the site, and (ii) any necessary and proper clean-up, removal, or restoration mandated by a Federal, Commonwealth, Local or Municipal agency or political subdivision other than the Authority itself. All Vessels and all persons using the PRPA facilities shall take every precaution to avoid polluting the water, air and/or land. PRPA together with Federal and Local Government Regulatory Agencies shall strictly enforce water, air and/or land pollution control procedures. All regulations shall be severely observed. Vessel Owners, Consignee Agents, users, contractors and/or stevedores will be responsible for any and all the damages caused due to 27 incompliance with said regulations and/or the improper handling of pollutants. 5.2.6 Radioactive and/or Missile Materials No person shall store, keep, handle, use, dispense or transport at, in, or upon any facility or other property under the jurisdiction and control of the PRPA facilities, any special nuclear material, including, but not limited, to Uranium 233, Uranium 235, Plutonium 239, Plutonium 241; any source material, including, but not limited to, uranium and/or thorium; any irradiated fuel elements; any new reactor fuel or elements thereof, any radioactive material moving under special permit or escort without at least 48 hours prior written notice to obtain all applicable environmental permits and licenses from the appropriate Federal, Commonwealth, Local and Municipal agencies, such as, but not limited to, the U.S. Environmental Protection Agency ("EPA"), the U.S. Department of Transportation ("DOT"), the U.S. Nuclear Regulatory Commission ("NRC"), the U.S. Department of Energy ("DOE"), the U.S., Occupational Safety and Health Administration ("OSHA"), the Federal Communication Commission ("FCC"), the Environmental Quality Board, the Department of Natural Resources and Environment and receipt of special permit from the US Coast Guard, and the PRPA, provided however, that only advance notice is required for the movement of medical or industrial isotopes other than those specifically included in the aforementioned, when packaged, marked, labeled and limited as to quantity and radiation emissions in accordance with the US Coast Guard regulations relating to the transportation of explosives and other dangerous articles. 5.2.7 Sand for Absorbing Waste Oil Suitable sand shall be kept in buckets and used for absorbing waste oil which may fall upon the floors or Wharves, and such sand, when saturated, shall be removed to a safe place outside the Wharf and facilities. It shall be the duty of persons holding berth assignments to comply with and enforce this role in the Wharves assigned to them. Special garbage disposition will also be coordinated with an authorized and licensed waste disposal collector coordinated by the PRPA facilities. 5.2.8 Spark Protector Necessary Every steam or spark-producing engine when used upon any Wharf or landing area, and every pile driver when working on or alongside any Wharf, must have upon its smokestack a bonnet or spark catcher that will prevent sparks from falling upon such Wharf or upon the deck of any Vessel. 28 In operating any donkey or hoisting engine in or under any shed, there must be, provided by the owner or operator a bent or curved pipe, with spark arrest, extending to the outside of the shed, and owners or operators of such engines must clean and remove all ashes, cinders and waste coming out of engines. 6.0 Port Service Charges Charge assessed for promoting maritime commerce and navigation under the Docks and Harbors Act of Puerto Rico, 23 LPRA, § 2201, et seq. Port service Charges are assessed and payable whether or not a Vessel uses Wharf, Pier, and bulkheads, Passenger or Cargo Terminals. Port Services Charges shall be used by PRPA, without limitation, to contribute to the maintenance dredging of port and harbor navigation channels (not terminal or berthing areas) to the extent not performed by the US Army Corps of Engineers; construction of dikes when and where needed; assistance and/or supervision of navigation when and as needed, including for example lookout stations, radio communications; clearance of debris from navigation channels; investigation of accidents; provision of PRPA Port Captains; and administration of the Docks and Harbors Act provided within port and harbor areas or through the Ports Authority's central offices. Docking Application Permit must be submitted within a period not lesser than twenty-four (24) hours before arriving time and such forms has to be approved before Vessel approaching, except for those special Maritime Operation that shall expressly require this document prior period submission for the Docking Application Permit. Unless any Vessel is fully or partially exempted of the payment of Port Service Charges every Vessel shall pay Port Service Charges, based on the following: 6.1 Measurement Application Port Service Charges shall be assessed per gross register ton (GRT) or gross ton (GT) of the Vessel (including Tugboats) as appears in the Ship license or in the International or Domestic certificate or US Coast Guard or Lloyd's Register. The source that provides the highest tonnage will be the one used by the PRPA to assess the rate. 29 6.2 Term of Application The period of time for which Port Service Charges shall be assessed against a Vessel shall commence when such Vessel is authorized by the PRPA Port Control to enter to the harbor (buoy1) and such period shall continue until such Vessel exits the harbor (buoy1) and goes beyond the harbor perimeter. Port Service Charges shall be assessed during such period of twenty-four (24) hours or fraction thereof, unless the Vessel is an annual license holder or if the Vessel is allowable to a full exemption of Port Service Charges. 6.3 Open-end Charges Port Service Charges shall be assessed for each period of twenty-four (24) hours or fraction thereof during which a Vessel stays at any harbor in Puerto Rico or Adjacent Islands, regardless if such port is property of PRPA or not, based on the following rates. Any partial exemption given accordingly to this Tariff shall be computed based on the actual open-end Charges. $.0503 6.3.1 Exceptions on Assessing Port Services Charges 6.3.1.1 Vessels or Activities Fully Exempted (a) Harbor Pilot Boats (b) Pleasure Fishing Vessels or ships bringing its own catch to be unloaded in Puerto Rico. (Commercial Fishing Vessels are exempt from this category). (c) Passenger non Cargo Vessels - Cruise Vessel, Tourist Vessel, Passenger Vessel, Mega Yacht, Commercial Recreational Passenger Vessel and/or Ferryboat when not engaged on carrying cargo activities. (d) Replenishment call - Any vessel entering a PRPA Port exclusively for replenishment of goods and services, such as water, provisions, and/or fuel, spare parts and appurtenances in order to continue its voyage. Performance of any other activity, other than the replenishment of goods stated in this provision, will deprive the vessel from this exclusion. 30 (e) Emergency call - Every Vessel entering a PRPA Port with the purpose of loading or unloading dead, wounded, sick persons or things in aid of persons injured by disasters, which have occurred in Puerto Rico or in any other country, shall be exempted by PRPA. (f) Government Vessels - Any Ship, which is property or under the control of the governments of the United States, Puerto Rico or foreign countries, not engaged in marine trade. (g) Non-profit - Every Vessel used for research and/or studies belonging to non-profit organizations and in non-revenue operations at the port. 6.3.1.2 Partial Exemptions or Restricted Conditions for Port Service Charges Exemptions (a) Indispensable Vessel Repairs: Every Vessel which reports an Emergency Situation on a Vessel entering on a PRPA Port exclusively for making indispensable repairs in order to continue its particular voyage. Indispensable repairs mean those necessary to allow the normal seagoing movement of the Ship such as: Repairs of the propellers, rudder, fuel or water supplies systems, generators, navigational lights, hull repairs which if not made will endanger the Ship navigation. To qualify for this exemption the Consignee Agent, Vessel Owner or Master shall provide evidence of proof and certify beforehand the repairs to be made and estimate termination time of the repairs to the Pier Attendant Officer or the PRPA Maritime Bureau Authorized Representative. Based on such evidence, PRPA shall grant a full or partial exemption to such Vessel. (b) Passenger/Cargo Vessels or Ferryboat: Any types of Passenger/Cargo Vessels or Ferryboat Vessels carrying cargo are granted with a 50% exemption of Port Services Charges. (c) Scheduled Maintenance non-regular Itinerary Vessels: Vessels with regular and non regular services on PRPA Ports requiring entrance for conducting maintenance shall only be assessed with a 25% of Port Services Charges. (d) Weather Conditions: Vessels remaining in the harbor due to poor weather conditions that do not allow its departure, as confirmed by the National Weather Center and US Coast Guard, shall be shall not be penalize with additional Port Service Charge. 31 (e) Force Majeure: Vessel remaining in the harbor due to force majeure and not allowed for the timely departure shall not be penalized with additional Port Service Charge. (f) Harbor Related Activities: Vessel remaining in the harbor due to PRPA, USCG and other government sponsored activities that do not allowed the timely departure of the vessel shall not be penalize with additional Port Service Charge. (g) Labor Strikes: Vessel remaining in the harbor due to labor strikes and/or any labor protest that impairs the ability of the PRPA to perform its duties shall not be penalized with additional Port Service Charge. 6.3.2 Annual Licenses The flat fee amount established in this section will apply to Port Service Charges corresponding to a particular type of Vessels engaged in services between PRPA ports. However, additional Port Service Charges will apply in any occasion in which the Vessel sails outside the area of the PRPA ports, including, but not limited to, abandoning the jurisdiction and visiting adjacent island and/or countries. In these occasions, such Vessels will be charged not less than a twenty-four (24) hours hour period upon departure and another 24 four hour period upon arrival. The Barges and Tugboats that provide fuel supply services and have a valid license therefore, should report to the Port Control every movement within the bay. 1,085 Vessels up to 350 tons Vessels from 351 tons up to 1,000 tons $1,447 Vessels from 1,001 tons up to 1,500 tons $1,808 Vessels from 1,501 tons up to 3,000 tons $2,170 Vessels from 3,001 ton and over $2,532 32 ( ) ( 6.3.2.1 Annual license holders (a) Harbor's trade ships (b) Minor Vessels (c) Fuel Barges bringing services to Vessels berthing or mooring at PRPA. (a) Tugboats 6.3.2.2 Expired Annual Licenses Any Annual License holder for a Vessel, which at the time of conducting a Maritime Operation is expired, shall pay the open end Charges or regular open end Port Service Charge in accordance with this Tariff. 6.4 Liability for payment Port Service Charges and any fines imposed pursuant to the provisions of this tariff on Vessel Captain and/or Master, Vessel and/or Ship Agent and/or any person in charge thereof, are due and payable at the PRPA Pier Offices or PRPA Administration Offices, during regular operating hours. Payments are due even though no request for payment is made. No Vessel shall leave port without settling all pending payments. The Vessel Owner and/or the Vessel or Ship Agent and/or the person in charge at the port at which such fees have accrued, shall be liable for the payment of such fees and of the fines imposed in the event of departure without settling all pending payments. 6.4.1 Detention of a Vessel PRPA Executive Director or Chief of Maritime Operation or its Authorized Representative may detain through formal notice, any outgoing Vessel until the Port Service Charges payment has been made to PRPA as well as for any fines prescribed which may have been imposed pursuant to the provisions of this tariff on Vessel Captain or Master, Agent or any person in charge thereof. 33 6.4.2 Docking Permit Denied PRPA has discretion in denying the approval of a Docking Permit Request and/or the renewal of a docking permit based on any circumstance and/or known fact that is not consistent with the PRPA's requirements and operating guidelines, such as, but not limited to: payment history, criminal record, and/or convictions, delinquent account balance over ninety days (90) due, etc., excluding formal claims requested as per tariff procedure 13.3 Term to file claims. 7.0 Dockage Any Vessel berthing at, mooring or making fast to a PRPA Port Wharf, Pier or bulkhead structure, or mooring to another Vessel so berthed, shall pay Dockage at the rates established herein, unless exceptions in Section 7.4 apply. Dockage shall be used by PRPA, without limitation, to contribute to the maintenance dredging of terminal or berthing areas (to the extent not performed by the US Army Corps of Engineers), maintenance of the bollards, fenders, pier lighting, pier and/or wharf structure. Docking Application Permit must be submitted within a period not lesser than twenty-four (24) hours before arriving time and such form has to be approved before Vessel approaching, except for those special Maritime Operations that shall expressly require this document at different prior period submission for the Docking Application Permit. 7.1 Measurement Application Dockage rate shall apply per gross register ton (GRT) or gross ton (GT) of the Vessel (including Tugboats) as appear in the Ship license or in the International or Domestic certificate and the highest will be used to assess the rate, except for Pleasure Crafts which Dockage rate shall apply per lineal feet. The source that provides the highest tonnage will be the one used by the PRPA to assess the rate 7.2 Term of Application 7.2.1 Standard Dockage Term of Application The Standard Dockage period of time for which Dockage shall be assessed against a Vessel shall commence upon fastening to a wharf, pier, bulkhead structure, and/or to another Vessel so berthed, and shall continue until such Vessel is completely free from and has vacated such berth. Dockage rates shall be assessed during such every period of twenty-four (24) hours or fraction thereof. The vessel captain is 34 responsible for contacting port control at the moment of departure in order to inform the unfastening time. The date and time of the notification of departure will be used to calculate the assessment. In the event the vessel captain fails to contact port control at the moment of departure to inform the unfastening time, the departure time will be calculated by adding one hour to the time the vessel exits the harbor (buoy1) and goes beyond the harbor perimeter. 7.2.2 Other Term Conditions 7.2.2.1 Shifting by Request of PRPA When a Vessel shifts berth by request of PRPA, Dockage shall be assessed starting at the time the Vessel is made fast to the first Wharf, Pier or bulkhead until the time it leaves the last Wharf, Pier or bulkhead. 7.2.2.2 Shifting by Request of the Vessel When a Vessel shifts berth for its own benefit or interest of the Vessel or Ship Agent, Vessel Owner or person in charge, or because the change of berthing is the result of conducting different and separate Maritime Operations, Dockage Rates shall be assessed individually at each Pier, by closing the first operation at the time of leaving the previous Wharf, Pier or bulkhead, and by performing a change to the Docking Permit Application for the next Maritime Operation. When a Vessel shifts berth for its own benefit or interest of the Vessel or Ship Agent, Vessel Owner or person in charge, or because the change of berthing is the result of continuing the same Maritime Operations, Dockage Rates shall be assessed starting at the time the Vessel is made fast to the first Wharf, Pier or bulkhead until the time it leaves the last Wharf, Pier or bulkhead. Such shifting must be requested on the docking permit. If shifting berth is due to an extraordinary condition to be determine by PRPA the vessel shall not be penalize with additional charge. 7.2.2.3 Scheduled Maintenance for Regular Itinerary Vessels Vessels regularly serving PRPA Ports while are on repairs or have scheduled maintenance when berthed at a PRPA facility shall be assessed fifty percent (50%) of Dockage Rates as applicable after proper arrangements for using the berth are made in advance with PRPA. Otherwise, Dockage Rates shall be assessed in full amount. 35 The Vessels so authorized for the use of a berth for maintenance and/or repair purposes, will be subject to shift berth as required by PRPA, if the berth is SO needed. 7.2.2.4 Scheduled Maintenance for non Regular Itinerary Vessels Vessels with non regular itinerary serving PRPA Ports while are on repairs or have scheduled maintenance when berthed at a PRPA facility shall be assessed sixty percent (60%) of Dockage Rates as applicable after proper arrangements for using the berth are made in advance with PRPA. Otherwise, Dockage Rates shall be assessed in full amount. The Vessels so authorized for the use of a berth for maintenance and/or repair purposes, will be subject to shift berth as required by PRPA, if the berth is so needed. 7.2.2.5 Weather Conditions Vessels remained docked in the Pier due to poor weather conditions as confirmed by the National Weather Center and US Coast Guard shall not be penalized with additional Dockage Charge. This exception does not apply during the vessel loading or unloading operation. 7.2.2.6 Force Majeure Vessels remained docked due to force majeure do not allow the timely departure shall not be penalizing with additional Dockage Charge. 7.2.2.7 Harbor Related Activities: Vessel remaining docked due to PRPA, USCG and other government sponsored activities that do not allow the timely departure shall not be penalize with additional Dockage Charge. 7.2.2.7 Labor Strikes: Vessel remaining docked due to labor strikes and/or any labor protest that impairs the ability of the PRPA to perform its duties shall not be penalized with additional Dockage Charge. 7.3 Applicability of Open-end Dockage Charges Dockage shall be assessed for each period of twenty-four (24) hours or fraction thereof during which a Vessel is at berth. 36 7.3.1 Tanker Vessels and Tank Barges Tanker Vessels and tank Barges while berthed at any Wharf or Pier. Per each 24 hr. $0.09 or fraction 7.3.2 Dry Cargo Vessels All vessels while berthed at dry cargo wharves, Piers or bulkhead structures in connection with the trade with Offshore Points. Per each 24 hr. $0.1619 or fraction 7.3.3 Dry Cargo Vessels Adjacent Islands All vessels while berthed at dry Cargo Wharves, Piers or bulkhead structures in connection with the trade with other Puerto Rico Ports or US Virgin Islands. Per each 24 hr. $0.1214 or fraction 7.3.4 Tugboats 7.3.4.1 Tugboats stay fast to Vessel, Barge or Lighter while are berthing at or making fast to a PRPA Wharf, Pier or bulkhead structure, or mooring to another Vessel so berthed, shall pay Dockage at the rates applicable to such Vessel, Barge or Lighter. 7.3.4.2 Tugboats out of service while are berthing at or making fast to a PRPA Wharf, Pier or bulkhead structure, or mooring shall pay Dockage NOS rates. 7.3.5 Triple Deck Ro-Ro Barges shall assessed Dockage Rates per GRT or gross ton (GT) under the Standard Measurement System plus an additional twenty percent (20%). For the tugboat apply item 7.1. 37 ( 7.3.6 Dockage NOS Any type of berthing not covered by Dockage Rates from Sections 7.3.1 through 7.3.8 shall be assessed Dockage NOS Rate, per GRT or gross ton (GT) per each twenty-four (24) hour period day or fraction thereof. Per each 24 hr. $0.1836 or fraction 7.4 Dockage Rate Applications Exceptions No Dockage shall be assessed against: 7.4.1 Vessels serving as tugboats A Vessel while actively engaged on service during docking or undocking maneuvers as a tugboat when made fast to another self-propelled Vessel which is being charged Dockage. 7.4.2 Tugboats Tugboats while actively engaged on service during docking or undocking maneuvers when made fast to either a self-propelled or non-propelled Vessel. This exemption will not apply to a tugboat that stays fast to the other Vessel beyond the time of rendering services. 7.4.3 Maiden Trip of Cruise Ships Passengers or tourist ships or cruises using first time the PRPA facilities at San Juan Port are exempted from Dockage Charges. 7.4.4 Regattas Vessels participating in regattas or similar maritime activities duly recognized by the PRPA are exempted from Dockage Charges. In these cases, the previous written approval by the PRPA Maritime Management Director is required. 38 7.5 Dockage Rate with a 50% Exemption 7.5.1 Combat, Research or Training Vessels Combat, Research or Training Vessels including auxiliary Vessels thereof, of the United States of America, or of any other nation, or any Vessel of the Commonwealth of Puerto Rico, including any government branch or entity, when in the opinion of the PRPA, the conditions prevailed deserve the temporary suspension of regular Dockages Charges. 7.6 Dockage Penalties Vessels subject to penalties under this Section are also subject to removal by or at the orders of PRPA and at the risk and cost of such Vessel, it's Vessel or Ship Agent, Vessel Owner to such other place as PRPA may direct. 7.6.1 Penalty for Unauthorized Use of Facilities No Vessel, Owner, Master or Vessel or Ship Agent is authorized for the use of any berth, pier or facility without the official approval from PRPA, as expressed in the Docking Permit Application or by any other valid written authorization. Any Vessel, Owner, Master or Vessel or Ship Agent who uses a PRPA facility without the appropriate authorization shall be subject to a penalty of three (3) times its Dockage Charges for each twenty-four (24) hours or fraction. 7.6.2 Penalty for making fast or remaining at Wharf without consent Whenever PRPA prohibits a Vessel to remain fastened to any Wharf, or to remain moored immediately in front thereof, or after the consent to remain fastened or moored has been revoked O withdrawn by PRPA, such Vessel or Ship Agent, Vessel Owner or person in charge shall be assessed with penalties for each period of twenty-four (24) hours, or fraction thereof, during which any violation exists or continues, shall be considered a separate offense and shall be subject to the penalties provided in this document for each such separate offense. The Penalty shall be equivalent to two times the Dockage assessed; therefore the penalty shall be accrued in addition to the Dockage Charges derived from the non-authorized docking activity and costs incurred in removing such Vessel, if necessary. 39 7.6.3 Penalty for not Shifting Berth when Required by PRPA Any Vessel after required by PRPA to shift berth or to move out whenever such Vessel is made fast to or moored in front of any Wharf or obstruct the waterway while other Vessel enter or leave shall be subject to a penalty of two (2) times the Dockage Rate for every twenty-four (24) hours after notice and for every additional period of twenty-four (24) hours after notice given or fraction thereof the Vessel is not shifted or is not removed, plus any cost incurred by PRPA for removal by or at the orders of PRPA, and at the risk and cost of such Vessel, its Vessel or Ship Agent or Vessel Owner. Dockage assessed; therefore the penalty shall be accrued in addition to the Dockage Charges derived from the non-authorized docking activity and costs incurred in removing such Vessel, if necessary, and the cost incurred by the other Vessel (stevedoring gangs, etc.). 7.6.4 Penalty for not Removing Sunk Vessels or Vessels under Repairs In accordance with Regulation No. 4287 of June 20, 1990, as amended) any sunk Vessel or Vessel under repair or for which by any reason such Vessel stays any PRPA Port's berth after a written notice for its removal has been given by the PRPA to the Vessel Owner, Vessel Master, Consignee Agent or person in charge shall be subject to a penalty of three (3) times the regular Dockage assessed to such Vessel. The penalty shall be effective twenty-four (24) hours after notice and for every day or fraction thereof the Vessel is not shifted or is not removed. This penalty shall be assessed in addition to any other recourse or damages action the PRPA may take to arrange for the removal of the Vessel at the cost, risk and expense of the Vessel, its Owner or Master, or Vessel or Ship Agent. 8.0 Wharfage 8.0.1 Statements Required As a mandatory condition, the Vessel Owner, Master, Consignee Agent or person in charge of a Vessel or Cargo must furnish PRPA a complete, correct and validated against the discharge and loading Vessel manifest through DSMS and the corresponding Bill of Lading or waybills, freight bills showing names or Vessel or Ship Agents or consignors and the weight and measurements of all freight or other such information, data or documents as may be necessary to develop statistical records and insure the proper assessment of Charges, regardless whether the vessel unloads and/or loads its cargo in PRPA facilities or a private facility. 40 All PRPA facilities users shall be required to permit access to their files and transportation of documents necessary for the purpose of audit or ascertaining correctness of documents furnished. 8.0.2 Right to Refuse Handling and Cargo PRPA reserves the right to deny the handling of any Cargo through its facilities, whenever such Cargo may constitute a hazard or create situations affecting the operation or damaging or excessively dirtying the facilities in an unusual manner, creating pollution or a condition that may interrupt the use of the facilities while the situation is corrected. 8.1 Weights or Measurement Basis Application Wharfage rates shall be applied either per weight or measurement of the Cargo subject to Wharfage Charges so as to conform to the method used by the ocean carrier for its computation of freight charges (i.e. as freighted). 8.1.1 Weight or Measurement on Shipping Documents When Freight Charges are computed by the ocean carrier and shown in the manifest or shipping documents on the basis of weight or measurement, Wharfage shall be assessed as so computed and manifested. 8.1.2 Units Basis instead of Weight or Measurement When the basis of the freight charge is not shown on a manifest of shipping documents or when the basis of the freight charge is a unit other than weight or measurement (i.e. per package, etc.), Wharfage shall be assessed on the basis of weight or measurement, whichever will yield the greatest revenue. 8.1.3 No Information about Weight or Measurement In the case that no information is provided as to Cargo weight or measurement and it is difficult to determine the basis to assess the Wharfage Charge, a factor of 25 lbs. per cubic feet shall be used by PRPA for such determination. In this case, the Wharfage shall be assessed on the result yielding the greatest revenue. 41 ( 8.2 Tariffs for Cargo Wharfage Every specific tariff set by the PRPA shall supersede a general one. 8.2.1 Motorcycles and Motor Vehicles, including inside containers Per each ton and/or fraction $7.2537 8.2.2 Cargo Moved in Containers (Except Vehicles) Per each ton and/or fraction $1.9942 8.2.3 Empty Containers, Flat-beds or Chassis Per each unit and/or fraction $7.5449 8.2.4 Liquid Cargo in bulk via pipeline or permanent structures Liquid Cargo (including petroleum) handled in bulk via pipeline at Wharf, Pier or bulkhead structure designed primarily for the loading or unloading of bulk liquid cargo. Per 42 Gallons Barrel $0.0195 8.2.5 Liquid Sugar and Molasses not via pipeline or permanent structure Per each ton. and/or Fraction $0.2893 8.2.6 General or Cargo NOS Per each ton. and/or $1.6216 fraction 42 8.2.7 Small Cargo Vessels Wharfage Charges shall be assessed to every Small Cargo Vessel less than 99 GRT and up to 1,000 GRT, entering and using a PRPA Port from Adjacent Islands, and the Caribbean, on the basis of the charge per weight established on this section or the Tariff for Cargo, whichever will yield greatest revenue. Also surcharge will applied to their cargo: 99 GRT or less $245 100 to 199 GRT $430 200 TO 299 GRT $613 300 TO 1,000 GRT $796 8.3 Transshipment Cargo 8.3.1 Transshipment by unloading to and loading from a wharf, pier or bulkhead Containers or flat-bed trailers to be held on the Container company's holding area originally manifested for transshipment to other destinations without change in form or content, including both loaded and Empty Containers, shall be assessed Wharfage only on the inbound movement, if stays on the assigned holding area for a period not exceeding twenty (20) calendar days. Certain penalties apply, see Penalties on Wharfage. 8.3.2 Cargo unloaded to or loaded from one Vessel to Another Vessel berthed alongside Cargo loaded on or discharged from a Vessel while berthed at a PRPA facility, to or from a Barge, Scow or Lighter or another Vessels alongside shall be assessed inbound Wharfage at fifty percent (50%) of the appropriate rates. 8.3.3 Cargo unloaded to or loaded from one Vessel to another Vessel berthed at PRPA facilities Cargo transferred, without change in form or content, from one Vessel to another Vessel, whenever both Vessels are berthed at or moored at PRPA facilities. Such Cargo is transferred from Vessel to Pier and then Pier to Vessel, including both loaded and Empty Containers, shall be assessed Wharfage only on the inbound movement. 43 8.4 Transshipment Tariff 8.4.1 Motorcycles and Motor Vehicles, including in containers Per each ton. and/or fraction $4.5698 8.4.2 Cargo moved in Containers (Except Vehicles) Per each ton. and/or fraction $1.1902 8.5 Wharfage Exemptions 8.5.1 Vessels supplies or repair materials Vessel's supplies, not including fuel, and repair materials provided for the Vessel's own use or consumption. 8.5.2 Cargo tools Cargo handling and stevedores' tools, pallets, equipment, dunnage and ship lining, and appliances, which are, located on Wharf, Pier or bulkhead structures for the purposes of loading or unloading a Vessel the berthed at a PRPA facility. See Wharfage Penalties Section 8.6. 8.5.3 Non-revenue Passenger's Baggage Passenger's baggage provided it to be carried on the same Vessel as the passenger, and for which the ocean carrier collects no revenue for its transportation. 8.5.4 Petroleum and Petroleum Products in Bulk Petroleum and Petroleum Products in Bulk which are pumped back from a Vessel to a tank at the same facility, as originally loaded, if such products have paid a Wharfage Charge when loaded from the tank to the Vessels in the first place. 8.5.5 Ballast in bulk Ballast in bulk which is not manifested as Cargo, has no commercial value, and it is handled directly between the Vessel and Barge or tank. 44 8.5.6 Scrap dunnage or scrap ship lining Scrap dunnage or scrap ship lining discharges and reloads prior to departure in order to load or discharge other Cargo. 8.5.7 Cargo Shifting Cargo shifting or movement which a Vessel discharges and then reloads prior to departure in order to load or discharge other different Cargo. 8.5.8 Cargo for Assistance Purposes on Natural Disasters Cargo which are received in Puerto Rico and/or sent from Puerto Rico to other countries for assistance purpose to natural disaster cases or of any other nature which are recognized by PRPA Executive Director as an exempted Wharfage Cargo. A written award must be required. 8.6 Wharfage Penalties 8.6.1 Transshipment Cargo Containers or flat-bed trailers that exceed a period of twenty (20) Calendar Days in the holding area before completing the outbound movement shall be also assessed outbound Wharfage at the normal rate. Also, penalties on wharfage apply if Containers or flat-bed trailers are transferred to any location outside PRPA facilities before the final transshipment movement, within or after the next twenty (20) Calendar Days moved. 8.6.2 Loading and Unloading Tools If such tools, equipment and appliances are left or remain at the Pier after conclusion of operations they shall be subject to Demurrage starting twelve (12) hours after the conclusion of operations. 8.7 Passenger Service Fee to Passenger / Cargo Vessels, Ferryboats and Recreational Vessels 8.7.1 Passengers / Cargo Vessels and Ferryboats Any Vessel carrying more than twelve (12) revenue passengers or tourists which berth at or moor at PRPA facilities or anchors at the harbor for embarking or disembarking purposes shall pay a per passenger fee based on the revenue passengers or tourists paying for the voyage, and whose names appear in the passenger manifest. The maximum of non-revenue passengers exempted from paying the fee is fifteen (15). 45 Per passenger per way $6.73 8.7.2 Commercial Recreational Passenger Vessel Any Commercial Recreational Passenger Vessel which berth at or moor at PRPA facilities or anchors at the harbor for embarking or disembarking purposes shall pay a fixed monthly rent of $500.00 and will be subject to a 5% concession fee over the gross net sale of tickets, food, beverage and any other commercial activity and/or service provided onboard the vessel and/or related to the commercial operation. 8.7.3 Vehicles Motor vehicles, including cars, pick-ups, trucks, motorcycles, among others, which have been transporting with passengers as part of the same voyage, shall be assessed based on the Tariff Passenger's Vehicle. For such purposes, vehicles Manifest must be submitted containing the name of the passenger traveling, the vehicle registration name, the plate number, the vehicle description and weight. No more than one motor vehicle is authorized per passenger. Additional vehicles shall be subject to the rate applicable to the motor vehicles transported. Per passenger vehicle per way $3.86 8.8 Allowance or Incentive Programs related to Passenger Vessels Any Vessel or Consignee Agent may apply for incentive programs available through the Puerto Rico Tourism Company, and/or any other government agency and/or entity that may offer incentives from time to time, following and complying with the required rules, procedures and conditions established therefore. The approval of the allowance or incentives under said agencies programs consisting on a payback based on passengers or tourist numbers has no direct reduction on the charges and/or fees assessed by PRPA. Said incentive programs are not related to the PRPA and for said reason the PRPA has no responsibility for delay on reimbursement for such allowances. In the event deemed necessary, PRPA could establish a separate arrangement with the Cruise Vessel enterprise or Consignee Agent for reimbursement of incentives. 46 8.9 Liability for Payment Tariff assessed shall be payable in full to PRPA. No credit shall be given to a Vessel or Consignee Agent who has filed and has approved allowances on a per passenger basis from any government agency, such as Puerto Rico Tourism Company.