BIG SPRING RAIL SYSTEM, INC.

Transcription

1 BIG SPRING RAIL SYSTEM, INC. FREIGHT TARIFF BSR 8000 NAMING LOCAL AND SWITCHING CHARGES, DEMURRAGE, AND RULES GOVERNING SWITCHING AND OTHER RATES, SERVICES OR CHARGES AT STATIONS ON BIG SPRING RAIL SYSTEM, INC (BSR) ISSUED: May 31, 2012 EFFECTIVE: June 1, 2012 ISSUED BY: Charlotte F. Oschman, Vice President Administration For explanation of abbreviations, see last page of tariff. CHECK SHEET Original and Revised Pages as named below contain all changes from the original Tariff that are in effect on the date hereon. Page 1 Revision 25 Apr 16 Page 2 Revision 25 Apr 16 Page 3 ORIGINAL Page 4 Revision 25 Apr 16 Page 5 Revision 1 Mar 18 Page 6 Revision 1 Mar 18 Page 7 Revision 1 Mar 18 Page 8 Revision 1 Mar 18 Page 8 Revision 21 Nov 17 Page 10 Revision 11 Sep 13 Page 11 Revision 12 Jun 14 Page 12 Revision 1 Mar 18 Page 13 Revision 1 Mar 18 INSTRUCTIONS Changes, additions, deletions, and other modifications will be made periodically to the original tariff. These changes are accomplished by modifying the previous Check Sheet page and any page(s) being modified. The modified pages along with this Check Sheet page will not become effective until the effective date shown in the lower left-hand corner of each page. Revision of March 1, 2018 Page 1

2 CONTENTS Item Page Section 1 GENERAL RULES, REGULATIONS AND GOVERNING PROVISIONS Capacities and Dimensions of Cars Connecting Line Switching Charges Demurrage and Car Service Regulations Explanation of Abbreviations... N/A 13 Explosives, Dangerous Articles Geographical List of Stations... N/A 3 General Application Glossary of Terms Holidays Observed Notification to BSR Notification to Consignee or Consignor Payment of Freight Charges and Extension of Credit Perishable Freight Protective Service Private Sidings Reference to Tariffs, Items, Notes, Rules, Etc Station Lists and Conditions Terminal or Transit Privileges or Services Section 2 DEMURRAGE (STORAGE) AND EMBARGO RULES Cars Subject to Demurrage Cars Subject to Embargo Demurrage Claims and Liability General Demurrage Rules and Prices Rules for Cars Held for Other Purposes Rules for Railroad Controlled Cars Held for Loading Rules for Railroad Controlled Cars Held for Unloading Rules for Railroad Controlled Empty Cars Ordered and Not Used Section 3 LOCAL, SWITCHING, AND MISCELLANEOUS RATES Application Car Cleaning Diversion or Reconsignment Empty Cars Ordered or Appropriated for Loading but Not Used Forwarding Requirements Idler Car Industry Delay of Crew Interchange Error Movements Over-dimensional and/or Heavy Loads Overloads Re-spotting Charge Special Switching between Mileposts 0 and Special Order Cars Revision of March 1, 2018 Page 2

3 Special Train Service Switching GEOGRAPHICAL LIST OF STATIONS AND STATION NUMBERS ON BIG SPRING RAIL SYSTEM, INC. AT WHICH RATES AND CHARGES APPLY Line Station Name Station Numbers If Junction OPSL FSAC SPLC JR260 Airpark Big Spring BSR BGSPG SECTION 1 GENERAL RULES, REGULATIONS AND GOVERNING PROVISIONS Item 10. STATION LISTS AND CONDITIONS This tariff is governed by the Official Railroad Station List, OPSL 6000-Series, as published by Railinc Corporation, to the extent shown below: a) Prepay Requirements and Station Conditions For additions and abandonments of stations and, except as otherwise shown herein, for prepay requirements, changes in names and stations, restrictions as to acceptance or delivery of freight and changes in station facilities. When a station is abandoned as of a date specified in the above-named tariff, the rates from and to such station as published in this tariff are inapplicable on and after that date. b) Geographical List of Stations For geographical locations of stations referred to in this tariff by station numbers. c) Station Numbers For the identification of stations when stations are shown or referred to by numbers in this tariff. Item 15. EXPLOSIVES AND DANGEROUS ARTICLES This tariff is governed by the Association of American Railroad s Bureau of Explosives Tariff 6000 (Tariff BOE 6000-Series) regarding rules and regulations governing the transportation of explosives and other dangerous articles of freight, and regarding specifications for shipping containers and restrictions governing the acceptance and transportation of explosives and other dangerous articles. Item 20. REFERENCE TO TARIFFS, ITEMS, NOTES, RULES, ETC. a) Where reference is made in tariff to tariffs, notes, rules, etc., such references are continuous and include supplements to and successive issues of such tariffs and reissues of such items, notes, rules, etc. b) Where reference is made in this tariff to another tariff by number, such reference applies also to such tariff to the extent it may be applicable on intrastate traffic or traffic to, from, or through Canada. Item 25. TERMINAL OR TRANSIT PRIVILEGES OR SERVICES Shipments made under the rates contained in this tariff are entitled to terminal and transit services and privileges and are subject to the charges, allowances, rules and regulations legally applicable thereto, as provided in separately published lawfully filed tariffs. Revision of March 1, 2018 Page 3

4 EXCEPTION: When provisions of this tariff specifically cover any such charge, allowance, rule or regulation, conflicting provisions in such separate tariffs will not apply. Item 30. CONNECTING LINE SWITCHING CHARGE All connecting line switching charges referred to herein are as published in tariffs. Switching charges not absorbed will be in addition to the rates shown herein. Item 35. CAPACITIES AND DIMENSIONS OF CARS For marked capacities, lengths, dimensions and cubic capacities of cars, see The Official Railway Equipment Register, UBM Global Trade s R.E.R. Publishing Corporation, Agent. Item 40. GENERAL APPLICATION Except as otherwise specifically provided herein, shipments and movements made under in this tariff are subject to the rules, regulations, charges, allowances, and privileges provided in separately published tariffs and official publications (including but not limited to the tariffs and official publications specifically identified herein) to the extent that such tariffs and publications are applicable. Item 110. PRIVATE SIDINGS This tariff does not grant the use of private tracks or facilities to others than the owners, or to those to whom the owners grant the privilege of use. Item 115. HOLIDAYS OBSERVED Whenever in this tariff reference is made to Holidays, it means the following: New Year s Day - January 1 st (See Note) Good Friday - Friday prior to Easter Sunday Memorial Day - Last Monday in May Independence Day - July 4 th (See NOTE) Labor Day - First Monday of September Thanksgiving - Fourth Thursday of November Christmas - December 25 th (See NOTE) NOTE: When this date occurs on a Saturday, the previous Friday will be observed as the Holiday. When this date occurs on a Sunday, the following Monday will be observed as the Holiday. Item 120. GLOSSARY OF TERMS For the purpose of applying provisions of this tariff, the following are defined and will govern: ACCESSORIAL SERIVICE: Any service performed by railroad other than linehaul carriage, such as the extra switching, storage, detention, inspecting, or repair of a railcar. ACTUAL PLACEMENT: When a car is placed in an accessible position for loading or unloading, or at a point designated by the consignor or consignee. Revision of March 1, 2018 Page 4

5 BILL OF LADING: The document tendered by the Shipper to release a loaded car for movement, which contains sufficient information for the originating railroad to create a waybill. COMPANY MATERIALS: Lading intended for the exclusive use of BSR. CONSIGNEE: The party to whom a shipment is consigned or the party entitled to receive the shipment. CONSIGNOR: The party in whose name cars are ordered or the party who furnished forwarding directions. CONSTRUCTIVE PLACEMENT: When a car cannot be actually placed because of any condition attributable to the consignor or consignee, including order notify and inbound shipments, such car will be held on BSR tracks and notice will be given to the consignor or consignee that the car is held awaiting disposition instructions. Cars that have been placed by BSR on private lead tracks serving the consignor or consignee will be considered constructively placed without notice. DEMURRAGE DAY: A twenty-four (24) hour calendar day, or part thereof up until midnight, commencing at one minute after midnight or one minute after tender, whichever comes later. DISPOSITION: Information, including forwarding instructions or release, which allows the railroad to either tender or release the car from the consignor s or consignee s account. DIVERSION: An order from the consignor to deliver car to other than original destination. EMPTY CAR ORDERED AND NOT USED: When an empty car is placed for loading at origin by railroad but rejected by shipper without being loaded. EMPTY RELEASE INFORMATION: Advice by consignee given to authorized railroad personnel, that car is unloaded and available to BSR. Information given must include identity of consignee, car initial and number, date, time, and the party furnishing such information. FORWARDING INSTRUCTIONS: Shipping instructions given to the railroad at the point of loading, containing all the necessary information to transport the shipment to the final destination. IDLER CAR: A car next to the car carrying a shipment, which is necessary to comply with requirements for spacing, hazardous material movement, or overhang of lading on the car carrying that shipment. INDUSTRIAL TRACK: A track serving a particular industry, whether located upon the property of the railroad or upon property owned or leased by the industry. INDUSTRY: Either a consignee or shipper. INTER-PLANT SWITCHING: A switching movement between plants or units of a single industry located within the limits of the same line of railroad. INTER-TERMINAL SWITCHING: A switching movement of traffic originating at one station and destined to another station within the limits of the same line of railroad. INTERSTATE TRAFFIC: Shipments moving from a point in one state to a point in another state or a shipment moving from a point in a state to another point in the same state, which move outside of the state while in transit. INTERLINE TRAFFIC: Shipments of traffic moving over two or more railroad lines. INTRA-PLANT SWITCHING: A switching movement from one track to another track or between two locations on the same track within the confines of the same industry, such that the switching movement can be completed wholly within the confines of the same siding, plant or industry. Revision of March 1, 2018 Page 5

6 INTRASTATE TRAFFIC: Shipments moving from a point in a state to another point in the same state, which do not move outside of the state while in transit. INTRA-TERMINAL SWITCHING: A switching movement (other than where an intra-plant or inter-plant movement is specifically provided for) with traffic originating at and destined to points located on the tracks of one railroad within the switching limits of one station. LEASE TRACK: Any trackage assigned to a shipper through written agreement. Lease track will be treated the same as private track as defined in this Section. LINEHAUL TRAFFIC: Traffic received from or moved to a point beyond BSR via interchange with another carrier. LOADING: The complete or partial loading of a car in conformity with AAR loading and clearance rules, and the furnishing of forwarding instructions. LOADED CAR: A car that is completely or partially loaded. LOCAL TRAFFIC: Traffic moving within the confines of BSR without interchange to another carrier. NORMAL OPERATING HOURS: At the sole discretion of BSR, normal operating hours will be set in order to balance business conditions and crew availability. Customers should contact BSR to ascertain normal business hours at any given time. NOTIFICATION: The written or verbal advisement of all parties entitled to receive notification. OTHER THAN PUBLIC DELIVERY TRACK: Any trackage assigned for individual use, including privately owned or leased track. PARTIAL UNLOADING: The partial unloading of a car and the furnishing of forwarding instructions. PRIVATE CAR: A car bearing other than railroad reporting marks and which is not a railroad controlled car. PRIVATE TRACKS: Any track leased by Railroad to a consignee or consignor or any track designated by a sidetrack agreement as being under the control of a consignee or consignor. PUBLIC DELIVERY TRACK: Any track open to the general public for loading or unloading. RAILROAD: Big Spring Rail System, Inc. RAILROAD CONTROLLED CAR: A car bearing railroad reporting marks provided by the railroad in serving customers. RAILROAD TRACKS: Any track on Railroad that is not a Private Track. RECONSIGNMENT: An order from the consignor to bill a car other than to the original consignee. REJECTED CAR: When a loaded car is rejected by consignee at destination without being unloaded. RELEASE: Date and time of official notice to the railroad that a car is empty, or that forwarding instructions are received, subject to the rules in Item 150. RELOADING: When car is held for loading after being released as an empty. RESHIPMENT: A new document by which the entire original shipment is forwarded in the same car to another destination. SHIPPER: The party tendering a bill of lading. Revision of March 1, 2018 Page 6

7 STOPPED IN TRANSIT: When cars are held en route because of any condition attributable to the consignor, consignee or owner. TEAM TRACK: A track or tracks assigned by railroad for use of the general public. TENDER: The notification, actual, or constructive placement of a loaded car. TIME: The local time, expressed on the basis of a 24-hour clock (e.g., 12:01 am is expressed as 0001). UNLOADING: The complete unloading of a car and advice received from consignee that the car is empty and available to the railroad. Item 130. PAYMENT OF FREIGHT CHARGES AND EXTENSION OF CREDIT A freight or accessorial service bill must be paid within a Credit Period of fifteen (15) calendar days from the time it is presented to the shipper, consignee, or legal payer of charges. Presentation is defined as the date of postmark or shipping receipt form. As to payment of bills, valid payments mailed within the Credit Period are deemed Collected within the Credit Period. Charges remaining unpaid after 15 (fifteen) days from the presentation date of the freight bill will be subject to a 1.5% finance charge on the outstanding balance as of the 16 th (sixteenth) day from the presentation date, plus additional finance charge(s) of 1.5% on the outstanding balance on the same calendar date for each subsequent month of delinquency. Item 135. DEMURRAGE AND CAR SERVICE REGULATIONS Except as otherwise provided herein, demurrage and car service regulations and charges provided in tariffs will apply in addition to the rates shown herein. Item 140. PERISHABLE FREIGHT PROTECTIVE SERVICE Perishable freight, whether or not under refrigeration, will be accepted from connecting lines for delivery to a consignee located on BSR, provided that BSR shall not be required to provide protective service or held liable for spoilage. Item 145. NOTIFICATION TO CONSIGNEE OR CONSIGNOR A. The following notifications will be furnished by BSR: 1. Cars for Other than Public Delivery Tracks: a. Notice of constructive placement if cars are held on BSR tracks due to reasons attributed to the consignee or consignor. b. Notice of placement at consignee or consignor. 2. Cars for Public Delivery Tracks: a. Notice will be given to the party entitled to receive notice when the car is actually placed. 3. Cars Stopped in Transit: a. Notice will be given to the consignor, consignee or owner responsible for the car being stopped upon arrival of the car at the point of stoppage. 4. Rejected Car: a. When a car is rejected at destination, BSR will give notice of such rejection to the shipper or owner, provided BSR has been made aware that the car has been rejected. B. Notification may be given electronically, verbally, or in writing, and will contain the following: 1. Car initial and number. 2. If lading transferred in route, the initials and number of the original car. 3. Date. Revision of March 1, 2018 Page 7

8 Item 150. NOTIFICATION TO BSR A. Railroad personnel shall be considered to be on duty from 8:00 am to 4:00 pm weekdays, except holidays, to receive written forwarding instructions, release notification, or other disposition of cars. When railroad personnel are not on duty, instructions shall become effective at 8:00 am of the next duty day, which time shall govern any demurrage, storage, or detention incurred. If the notification is to release a car from constructive placement, that instruction shall become effective on the following duty day, unless in the sole opinion of BSR the work schedule for that duty day allows the actual placement of the car in question by 4:00 pm of the day of notification. B. Notifications shall not become valid until the cars under consideration are ready to be switched. C. Notice may be given to BSR by: 1. Facsimile telephone: bsr@suddenlinkmail.com D. Switches ordered by industry and cancelled after the BSR crew has arrived will be charged a $250 order and not used fee. Otherwise, the industry will be charged a Change-of-Orders fee of $110 for switch orders for a given car(s) and are instructed that industry wants different cars that requires the crew to return to the yard and get cars that are now being requested. SECTION 2 DEMURRAGE AND EMBARGO RULES Item 200. CARS SUBJECT TO DEMURRAGE All Railroad Controlled and Private cars held for or by consignors or consignees are subject to demurrage rules and charges contained in this tariff, except the following: 1. Private cars, loaded or empty, held on consignee s private track(s). 2. Cars for loading or unloading BSR Company Materials while on BSR tracks or private sidings connecting therewith. 3. Cars of refused or unclaimed freight to be sold by Big Spring Rail System, Inc., for the time held beyond legal requirements. 4. Cars assigned to shippers, returned empty to assignment points and otherwise covered by storage rules. 5. Cars moving on own wheels, under transportation charges as freight. 6. Cars of railroad ownership, leased for storage of commodities, while held on lessee s tracks. 7. Empty cars ordered and rejected as unsuitable for loading. Item 210. RULES FOR RAILROAD CONTROLLED CARS HELD FOR LOADING Tender The actual or constructive placement of any empty car on orders of the consignor. Release Date and time forwarding instructions are received by railroad. Cars found to be improperly loaded or overloaded will not be considered released until the load has been adjusted properly and made suitable for shipping. Cars placed on interchange tracks of consignor doing its own switching must also be returned to interchange tracks for release. Computation Time will be computed from the first 0001 after tender until release. If the car is placed prior to the date for which it was ordered, time will be computed from the first 0001 on the date for which it was ordered until released. On reloaded cars, time will be computed from the first 0001 after notification to BSR that the car is empty until the car is reloaded and forwarding instructions are received. Free Time The first 48 hours after time computation begins will be free. If a holiday occurs during free time, 24 hours additional free time will be granted. Revision of March 1, 2018 Page 8

9 Item 220. RULES FOR RAILROAD CONTROLLED CARS HELD FOR UNLOADING Note: BSR delivers cars received from interchange to consignee by next available train after receipt from connection carriers. Unless arrangements are otherwise made, BSR is not responsible for delivery times to consignee. Tender The actual or constructive placement of loaded car. Release Date and time that the railroad receives advise that the car is empty. Computation Time will be computed from the first 0001 after tender until release. When the same car is unloaded and reloaded, time will be computed from the first 0001 after notification to BSR that the car is empty until the car is reloaded and forwarding instruction are received. Free Time The first 48 hours after time computation begins will be free. If a holiday occurs during free time, 24 hours additional free time will be granted. Item 230. RULES FOR CARS HELD FOR OTHER PURPOSES These rules are applicable to cars held by BSR while awaiting disposition from the consignor or consignee, when consignee has insufficient track space to hold subject car(s) on its private track(s). Tender Date and time that the railroad receives notification from the consignor or consignee to hold car. Release Date and time that the railroad receives disposition from the consignor or consignee. Computation Time will be computed from the first 0001: 1. After tender until time of release. 2. After tender until time of refusal by consignee for loaded cars refused. 3. After tender until time of disposition by consignor for loaded cars being diverted. These rules are applicable to cars held or en route when consignee does not have sufficient track space to hold subject car(s) on its private track(s). Tender Date and time that the railroad would otherwise have delivered car(s) to consignee, or date and time that the car is received by another railroad acting as storage agent for Big Spring Rail System, whichever comes first. Release In the case of car(s) stored on railroad s own tracks, date and time that the railroad receives disposition from the consignee. In the case of car(s) stored, at the sole discretion of Big Spring Rail System, on another railroad acting as storage agent for Big Spring Rail System, date and time that the car(s), date and time that car(s) are interchanged to Big Spring Rail System after notification by the consignee and verification by railroad that consignee has sufficient track space to hold subject car(s) on its private track(s). Computation Time will be computed from the first 0001 after tender until time of release. Storage Surcharge An additional fee for the linehaul movement of car(s) between Big Spring Rail System and another railroad acting as storage agent for Big Spring Rail System. Item 240. RULES FOR RAILROAD CONTROLLED EMPTY CARS ORDERED AND NOT USED This item does not apply to empty cars rejected by consignor as unfit for loading, provided railroad has been notified within 24 hours of tender. Tender The actual or constructive placement of an empty car. Release Date and time disposition is received by railroad. Computation Time will be computed from the first 0001 after tender until release. If the car is placed prior to the date for which it was ordered, time will be computed from the first 0001 on the date for which it was ordered until release. On cars for prospective reloading, time will be computed from the first 0001 after advice is received that the car is empty until release. Item 250. GENERAL DEMURRAGE RULES AND PRICES A. Settlement of charges will be made on a monthly basis on all cars released during the calendar month. Revision of March 1, 2018 Page 9

10 B. Unless otherwise agreed in writing, demurrage charges will be assessed against the consignor if BSR is origin carrier or against the consignee if BSR is destination carrier. C. Unless a separate agreement has been made between the railroad and the consignor or consignee, the following charges will apply after expiration of applicable free time: 1. $ per day or fraction thereof for flammable cars that are held on railroad tracks. 2. $50.00 per day or fraction thereof for non-flammable railroad controlled cars held on railroad or private tracks. 3. $75.00 per day or fraction thereof for hazmat cars other than flammables that are held on railroad tracks. 4. $45.00 per day or fraction thereof for non-hazardous private cars held on railroad tracks. D. The term demurrage is synonymous with the term storage for the purposes of this document. Item 260. DEMURRAGE CLAIMS AND LIABILITY A. Relief from Demurrage In order to be allowed relief from demurrage charges billed, a Claim must be received in writing no later than 15 days following the month in which the bill was issued, stating fully the conditions for which relief is claimed. Relief will be granted only if demurrage charges were assessed due to railroad error, in which case demurrage charges will be adjusted to the amount that would have accrued if not for such error. B. Disclaimer of Liability BSR does not insure cars or the contents of cars for loss and damage while being held subject to demurrage rules. Consignor or consignee releases BSR from all liability to cars and their contents, including and without limitation any damage, defacement, or destruction of the cars, and any release, leakage, or spill of the cars contents. The consignor shall be solely responsible for any and all clean-up or other costs or damages related directly or indirectly to leakage, spill, or other emission for the cars, or any fire or explosion caused by the products contained in cars held by BSR. Industry acknowledges that BSR shall use ordinary care in its movement of any cars; and, shall hold the railroad, its members and Director s harmless for any loss or damage resulting from any such movement. C. Repair of Cars Held by BSR BSR will allow the consignor or consignee and its contractors reasonable access to their cars while being held by BSR subject to demurrage rules for the purpose of inspection and light repair work. Contractor(s) employees will be allowed on BSR s property if proof of sufficient liability insurance is evidenced; BSR s release is sign releasing the railroad of any and all injuries and/or damage, and all concreter s employees meet with a railroad manager for a safety class prior to going out on the property Consignor agrees to be solely responsible for accidents, incidents, injury, or death of their employees or contractors in the performance of any inspection or repairs while on BSR s property. Item 270. CARS SUBJECT TO EMBARGO When available storage trackage on BSR is filled to capacity, as defined under the sole discretion of BSR, and when a consignee cannot accommodate additional cars on its private trackage, BSR may divert said additional cars to storage at a remote location not served by BSR. Consignee will be responsible for all charges from other carriers as a result of diversion, storage, and eventual movement from storage to BSR or elsewhere. In addition, consignee will be subject to embargo by BSR in accordance with Circular TD1 of the Association of American Railroads. Revision of March 1, 2018 Page 10

11 Item 300. APPLICATION SECTION 3 LOCAL, SWITCHING, AND MISCELLANEOUS CHARGES Local rates apply on movements of cars between any two points of the same BSR line and are in addition to any linehaul charges that my apply on carloads interchanged with connecting carriers. Item 310. OVER-DIMENSIONAL AND/OR HEAVY LOADS Rate per car for single product piece 75,000 to 200,000 lbs. 1. Zero Carrier Liability...$2.25/hundred pounds 2. Full Carrier Liability... $6.50/hundred pounds Rate per car for single product piece exceeding 200,000 lbs. 1. Zero Carrier Liability...$2.90/hundred pounds 2. Full Carrier Liability... $8.10/hundred pounds Over-dimensional or heavy loads must move in compliance with all applicable rules of the Federal Railroad Administration and the Association of American Railroads. Railcars either originating or terminating on BSR that exceed line limits but not car capacity limit may be moved with special clearance as approved by railroad upon request of shipper or consignee. It shall be the sole discretion of BSR to reject cars over line limit. The rates in this item apply for any one or more following of the conditions: 1. Cars having a capacity exceeding 286,000 lbs. gross weight; 2. Clearance/Dimensional shipments with height exceeding 18, width exceeding 11 6, or weight restrictions or any single product piece exceeding 75,000 lbs; 3. All cars of AAR Car types FA, FC, FCA, FD, FMS, FW, LF, LG and LS; or 4. Value of shipment exceeding $500,000. Item 320. IDLER CAR Any lading piece that exceeds the striker length of the car and requires an idler car is subject to a charge of $ per idler car required. Item 330. SWITCHING Each chargeable linehaul movement includes one switching service for delivery, of an empty car for outbound shipments or of a loaded car for inbound shipments, and one switching service for pick-up, of a loaded car for outbound shipments or of an empty car for inbound shipments. Beyond these switching services included as part of the linehaul rate, the following switching fees apply: 1. Intra-Plant Switching $ charge per move 2. Intra-Terminal Switching.$ charge per move 3. Inter-Plant Switching $ charge per move 4. Inter-Terminal Switching.$ charge per move Item 340. EMPTY CARS ORDERED OR APPROPRIATED FOR LOADING BUT NOT USED When empty cars are placed on orders or appropriated but not used in transportation service, customer will be assessed a per car charge of $ in addition to paying any applicable demurrage. Revision of March 1, 2018 Page 11

12 Item 350. SPECIAL ORDER CARS Specially designed cars ordered from outside sources which have incurred special per diem fees and/or detention fees will be billed to the consignor/consignee as applicable. Standard demurrage charges also apply. Item 360. CAR CLEANING When a consignee located on BSR releases a railroad controlled car as empty that, in the sole opinion of BSR, is contaminated with refuse, BSR, at its option, may decline the car release thereby leaving the car in the custody of the consignee and subject to demurrage, or may clean the car to its satisfaction for a charge of $100 or the actual cost of cleaning and disposal of refuse, whichever is greater. Item 370. RE-SPOTTING CHARGE When a car is released by consignee as empty prior to being completely unloaded or by shipper as loaded prior to being completely loaded, and such car is actually pulled from spot and is ordered to be respotted to the industrial or team track, the car will be subject to a re-spotting charge of $ Such car will be subject to demurrage as though it had never been initially pulled from spot. Item 380. OVERLOADS When a car loaded on BSR is found to be overloaded (car or rail limits) before being interchanged by BSR to a connecting carrier, the following will apply: 1) BSR will notify consignor and return the car to consignor for a charge of $ in order that the consignor can remove the excess weight before furtherance. 2) Car will stay on continuous demurrage if applicable. 3) The overload charge is per occurrence until railcar is properly loaded for outbound shipment. a) The excess lading may be removed, with the remaining lading forwarded to the original billed destination, at the price from the original billed origin, on the remaining weight. b) The entire lading may be transferred to another car if such transferal results in the car being accepted for further movement. Freight charges will be those on the weight of the reloaded car, from original billed origin, to the original billed destination. Item 390. SPECIAL TRAIN SERVICE Special train service of engine and train crew furnished upon request will be subject to a charge of: 1. $400 per hour or portion thereof immediately before or after normal operating hours, or 2. $600 per hour or portion thereof if crew working time is disconnected from normal operating hours, such as during weekday nights or weekends or holidays. Each request for special train service when crew working time is disconnected from normal operating hours will be subject to a four-hour minimum charge and will be in addition to all other published tariff rates and charges for cars handled. Service provided under provisions of this item shall entitle the customer to the exclusive use of the locomotive and crew for the period engaged. Item 400. FORWARDING REQUIREMENTS Except as otherwise provided in this tariff, when on shipper s order cars are moved by BSR from industrial or team tracks and held on BSR tracks awaiting forwarding directions, the party responsible for furnishing such forwarding directions will be assessed a charge of $25.00 per car. The cars will remain on continuous demurrage in the demurrage account of the party in whose name the car was ordered until BSR receives such forwarding directions. Revision of March 1, 2018 Page 12

13 Item 410. DIVERSION OR RECONSIGNMENT 1) On cars destined to BSR, diversion or reconsignment must be effected by an order through the agent of a linehaul carrier, not to include BSR, in the original route of the car. Diversion or reconsignment through the agent of another carrier in the route will only be accepted by BSR when such order is placed prior to arrival of car at destination on BSR. If diversion or reconsignment is effected after the car has been interchanged to BSR but before placement at consignee, then a charge of $300 will be assessed by BSR in addition to any rate or combination of rates charged by the billing carrier. 2) On cars originating from BSR, diversion or reconsignment: i) Of cars which have not yet been interchanged off of BSR, must be instigated by notification to BSR and following the instructions of BSR s agent, for which a charge of $100 will be assessed by BSR in addition to any rate or combination of rtes charged by the billing carrier; or ii) Of cars which have already been interchanged off of BSR, must be effected by an order through the agent of a linehaul carrier, not to include BSR, in the original route of the car. Item 420. INTERCHANGE ERROR MOVEMENTS A. Cars received in interchange by BSR in error or without necessary forwarding directions will be handled in accordance with Circular No. OT-10 Rule 7, as codified in The Official Railway Equipment Register, UBM Global Trade s R.E.R. Publishing Corporation, Agent. B. If cars are returned to the interchanging carrier, BSR will assess the tendering carrier a charge of $ C. Cars held, awaiting disposition or for necessary data for forwarding, will be subject to a fee against the carrier interchanging the cars in error equal to the demurrage that would otherwise be due on a railroad car. Item 430. INDUSTRY DELAY OF CREW When a railroad crew is held at the request of industry or delayed by conditions attributed to industry, a charge for crew delay shall apply against the delaying industry. Such charge will become effective after the crew has been held for 15 minutes, at which time a Delay Charge of $12 per minute will be assessed, in addition to any other applicable charges. Item 440. SPECIAL SWITCHING Only for industries whose serving tracks diverge from railroad between Mileposts zero (0.0) and one (1.0), when the pulling or placement of loaded or empty cars requires that intervening loaded car(s) be removed and consequently, returned to their original position after the switch order is completed, a special switching fee of $200 will be charged in addition to any other applicable fee. The special switching fee of $200 will be charged without regard to the number of intervening cars or placed/pulled cars. EXPLANATION OF ABBREVIATIONS AAR Association of American Railroads BOE Bureau of Explosives BSR Big Spring Rail System, Inc. FSAC Freight Station Accounting Code NSO National Service Order OPSL Open and Prepay Station List SPLC Standard Point Location Code STB Surface Transportation Board STCC Standard Transportation Commodity Code UP Union Pacific Railroad Revision of March 1, 2018 Page 13