TACOMA MUNICIPAL BELT LINE RAILWAY

Transcription

1 FT TMBL 6004-A TACOMA MUNICIPAL BELT LINE RAILWAY FREIGHT TARIFF TMBL 6004-A Supersedes and Cancels TMBL 6004 (plus all supplements) NAMING DEMURRAGE RULES AND CHARGES APPLYING AT ALL LOCATIONS ON THE TACOMA MUNICIPAL BELT LINE RAILWAY (TACOMA RAIL) This tariff is also applicable on intrastate traffic, except where expressly provided to the contrary in connection with particular items. ISSUED: December 3, 2008 EFFECTIVE: January 1, 2009 (Except as otherwise provided) Tacoma Rail M. Alan Hardy, Superintendent 2601 SR 509 North Frontage Road Tacoma, WA 98421

2 Tacoma Rail Page 2 of 17 TABLE OF CONTENTS DESCRIPTION ITEM NUMBER Participating Carrier(s)... 5 General Tariff Rules and Regulations Glossary of Terms Demurrage Rules and Charges Cars Held for Loading Cars Held for Unloading Cars Held for Other Purposes Private Cars Held on Railroad Tracks Empty Cars Ordered and not Used Refused Loaded Cars and Cars Rejected as being Unsuitable for Loading Demurrage Plan and Prices Demurrage Disputes & Claim Handling Allowances Permissible for Relief of Demurrage Charges

3 Tacoma Rail Page 3 of CANCELATION NOTICE: This tariff cancels tariffs FT TMBL 6004, including all previous supplements, as of the effective date of this tariff. Provisions not carried forward are hereby cancelled. ITEM RULES AND OTHER GOVERNING PROVISIONS GENERAL TARIFF RULES AND REGULATIONS 2 METHOD OF ADDING, CHANGING OR DELETING ITEMS IN THIS TARIFF: 1. As this tariff is supplemented; numbered items with letter suffixes cancel corresponding numbered items in the original tariff or in a prior supplement. Letter suffixes will be used in alphabetical sequence, starting with A. EXAMPLE: Item 5-A cancels Item 5 and Item 10-B cancels Item 10-A in a prior supplement, which; in turn, cancelled Item Unless otherwise indicated, latest publication of Item likewise cancels any prior publication of that Item. EXAMPLE: Item 2.20 in supplement 1 cancels Item 2.20 in the original publication. 3. Changes to this tariff will be made by issuing supplements. These supplements will show the action taken on each item by the following reference marks: 5 PARTICIPATING CARRIER [A] Addition [I] Increase [R] Reduction [NC] Brought forward without change [C] Changes resulting in neither an increase nor a decrease There will be only one supplement to this tariff in effect at any time. Any item contained in a prior supplement will be brought forward to subsequent supplements, showing the original effective date of the item. TACOMA MUNICIPAL BELT LINE RAILWAY Abbreviation: TMBL Provisions of this tariff apply to all stations of the above carrier, except when an item refers to only specific carriers or stations. 10 STATION LISTS AND CONDITIONS This tariff is governed by the Official List of Open and Prepay Railroad Stations, OPSL 6000 series, to the extent shown below: PREPAY REQUIREMENTS AND STATION CONDITIONS For additions and abandonment of stations, and except as otherwise shown herein, for prepay requirements, changes in the names of stations, restrictions as to the 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 that station published in this tariff are inapplicable on or after that date. 20 REFERENCE TO TARIFFS, ITEMS, NOTES OR RULES Where reference is made in this tariff to tariffs, items, notes or rules, such references are continuous and include supplements to and successive issues of such tariffs and reissues of items, notes or rules.

4 Tacoma Rail Page 4 of CONSECUTIVE NUMBERS Where consecutive numbers are represented in this tariff by the first and last numbers connected by the word "to" or a hyphen, they will be understood to include both the numbers shown. If the first number only bears a reference mark, such reference mark also applies to the last number shown and to all numbers between the first and last number. 40 APPLICATION OF REFERENCE MARKS In all cases where reference marks are shown in the rate column, but not immediately preceding a rate, they are to be used in connection with the rate appearing next under such reference mark. 50 CAPACITIES AND DIMENSIONS OF CARS For marked capacities, lengths, dimensions and cubical capacities of cars, see The Official Railway Equipment Register, RER 6414 series. 60 NATIONAL SERVICE ORDER TARIFF This tariff is subject to the provisions of the various Surface Transportation Board Service Orders and General Permits as shown in National Service Order Tariff STB NSO 6100 series. 80 GENERAL APPLICATION 1. Applicable at all points on the TMBL 2. Rates in this tariff apply in addition to otherwise applicable freight charges lawfully published or on file, and shall accrue solely to the carrier participating in this tariff. 3. The disposition of a car at its point of detention determines the purpose for which the car is held and the demurrage rules to be applied. Cars subject to demurrage will fall into one of the following transaction types: a. Cars held for loading - See Item 200 b. Cars held for unloading - See Item 210 c. Railroad cars held for other purposes - See Item 220 d. Private cars held on railroad tracks - See Item 230 e. Empty cars ordered and not used - See Item 240 f. Refused loaded cars and cars rejected as being unsuitable for loading See Item Rates and charges in this tariff are stated and payable in United States dollars. 5. Demurrage will be calculated each calendar month for cars released during the month.

5 Tacoma Rail Page 5 of CARS SUBJECT TO DEMURRAGE All railroad and privately owned or controlled cars delivered or held for or by customers on TMBL are subject to demurrage rules and charges contained in this tariff, except as follows: 1. Cars for loading or unloading of TMBL company material while on TMBL tracks or private sidings of carrier. 2. Cars assigned to shippers, returned empty to point of assignment, to the extent storage rules apply. 3. Cars moving on own wheels, under transportation charges, as freight. 4. Cars of railroad ownership, leased for storage of commodities, while held on lessee's tracks. 5. Loaded or empty private cars on private owned or leased tracks. 6. Cars used for the purpose of testing loading or unloading procedures, new types of dunnage, or new types of equipment, as authorized by TMBL. 7. All Uni-level, Bi-level and/or Tri-level railcars used in the transportation of motor vehicles. 8. Cars used for shipment of containers or trailers on flat cars (TOFC/COFC). 120 NOTIFICATION PROVIDED by TMBL to CONSIGNOR/ LOADER OR CONSIGNEE/UNLOADER The following notifications will be furnished by TMBL: 1. Cars for Other than Public Delivery Tracks: a. Delivery of car upon tracks of consignor/loader or consignee/unloader will constitute notice. b. Notice of constructive placement if cars are held on TMBL tracks due to reasons attributable to the consignor/loader or consignee/unloader, which prevents TMBL from making actual placement. 2. Cars for Public Delivery Tracks: a. Notice will be given to the party entitled to receive notice when the car is actually placed. b. Notice of constructive placement shall be sent or given if a car is held on tracks of TMBL due to any condition attributable to the consignor/loader or consignee/unloader which prevents TMBL from making actual placement. 3. Refused Loaded Car: a. When a car is refused at destination, TMBL will give notice of such refusal to the consignor/loader or owner. Notification may be given electronically, verbally or in writing, and will contain the following: A. Car initials and number B. If lading transferred en route, the initials and number of the original car. C. Commodity D. Hold point, if other than billed destination. E. Date and Time

6 Tacoma Rail Page 6 of NOTIFICATION TO BE PROVIDED BY CONSIGNOR/LOADER OR CONSIGNEE/UNLOADER TO TMBL TMBL personnel are on duty 24-7 (24 hours a day, seven days a week), to receive forwarding instructions, empty release information, or other disposition of cars. Notification may be provided by internet, fax or telephone. The date and time such communication is received by TMBL and recorded will govern any demurrage charges incurred. Notice may be provided to TMBL as follows: Preferred method of contact is by internet at: Alternative method of contact is by FAX at: As a last alternative, contact may also be made by telephone at: TMBL records will govern all disputes for telephone communication. 140 GLOSSARY OF TERMS The following definitions define and govern the provisions outlined in this tariff. 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 or party loading or unloading the car. APPROPRIATE - To commence the loading, use or control of a car without benefit of a car order. ASSIGNED CAR(S) - The assignment of a car to a given shipper at a specific location as defined in AAR Car Service Rule 16 and AAR Car Hire Rule 22. CLOSED GATE CUSTOMER - Customer that requires notification that car(s) is available for loading or unloading. CONSIGNEE - The party designated on the bill of lading as the entity entitled to receive delivery of the goods/shipment from the carrier. The consignee may also be the unloader. CONSIGNOR - The party designated on the bill of lading as the entity which has caused the goods to be shipped. The consignor may also be the loader. CONSTRUCTIVE PLACEMENT - When a car(s) cannot be actually placed due to any condition attributable to the consignor/loader or consignee/unloader, including order notify and in-bond shipments, such cars will be held on TMBL tracks and notice will be provided to the consignor/loader or consignee/unloader, that the car(s) is held awaiting disposition instructions. Such cars which have been placed by TMBL on private or other than public delivery tracks, including lead tracks serving the consignor/loader or consignee/unloader, will be considered constructively placed with no notice required by TMBL. CREDIT - Used to offset accrued debits. DEBIT - A demurrage day. (See demurrage day definition below.) DEMURRAGE DAY - A twenty-four (24) hour period (calendar day), or fraction thereof, commencing at the first 0800 hours (Pacific Standard Time) after actual or constructive placement until the car(s) is released and available to TMBL. DEMURRAGE - Date and time demurrage ceases. DISPOSITION - Information, including forwarding instructions or release, which allows TMBL to

7 Tacoma Rail Page 7 of 17 either tender or release the car(s) from the consignor s or consignee s, loader or unloader s account. DIVERSION - An order provided by the consignor/loader instructing that a car(s) be delivered to a location other than the one indicated on the original forwarding instructions. EMPTY CAR(S) ORDERED AND NOT USED - Empty car(s), placed for loading as ordered, and subsequently released without being used in transportation service. EMPTY RELEASE INFORMATION - Advice by the consignee/unloader, to authorized personnel of TMBL, that the car(s) is unloaded and available. This information must include the identity of the consignee/unloader, name of party furnishing information, car(s) initial and number, and date and time of release. FORWARDING INSTRUCTIONS - Shipping instructions provided to TMBL at the point of loading, containing all of the necessary information to transport the shipment to its final destination. Appropriate connecting railroad must be identified. IDLER CAR - An empty car used to protect overhanging loads, or used between cars loaded with long material. LEASE TRACK - Any track(s) assigned to a user through written lease agreement. Lease track(s) will be treated the same as private tracks for purposes of applying the terms of this tariff. LOADED CAR - A car that is completely or partially loaded. LOADER - The TMBL s customer responsible for physically loading freight into the railcar or the party physically loading the railcar. LOADING - The complete or partial loading of a car(s) in conformity with applicable loading and clearance rules, and the furnishing of forwarding instructions. MISSED SWITCH - TMBL s failure to provide switch service to a customer prior to the second 8:00 AM after notification. NON-CHARGEABLE DAY - All Sundays and the following holidays will not be subject to demurrage and will not incur demurrage debits: New Years Day January 1 Martin Luther King Day Third Monday of January Presidents Day Third Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Thanksgiving Day Fourth Thursday of November Christmas Eve December 24 Christmas Day December 25 New Years Eve December 31 When these days occur on a Sunday, the following Monday will be observed as the holiday. NOTIFICATION - When required, notification will be furnished electronically, in writing or verbally, to all parties entitled to receive notification that the car(s) is available for loading, unloading, or otherwise impacted by demurrage provisions. ORDER DATE - The date that the consignor/loader or consignee/unloader requires placement of car(s). ORDER IN CUSTOMER - Customer who, by prior arrangement, has notified TMBL that cars shall not be placed, or considered to be placed, for loading or unloading, until TMBL has received an order for placement from said customer. OTHER THAN PUBLIC DELIVERY TRACK - Any trackage assigned for individual use, including

8 Tacoma Rail Page 8 of 17 privately owned or leased track. PARTIAL UNLOADING - The partial unloading of a car(s) and furnishing of the proper forwarding/handling instructions. PRIVATE CAR(S) - A car(s) bearing other than railroad reporting marks and which is not a railroad controlled car. PRIVATE TRACK - Any trackage which is not owned or leased by the TMBL, including track leased by the TMBL to other entities. PUBLIC DELIVERY TRACK - Any track open to the general public for loading or unloading. RAILROAD CONTROLLED CAR(S) - A car(s) bearing other than TMBL reporting marks, provided to the railroad directly by the car companies or others, for use by the railroad. RECONSIGNMENT - An order from the consignor/loader to bill a car(s) to other than the original consignee/unloader, said order being received after the car(s) is delivered to its original destination. (An order to turn the car over to another party, that does not require an additional movement of the car, is not a reconsignment.) REFUSED LOADED CAR(S) - When the original loaded car(s) is refused at destination without being unloaded. REJECTED CAR(S) - Empty car determined to be unfit for loading. OPERATIONAL RELEASE - The notification received from a loader or unloader that loading or unloading of a car(s) has been completed and the car is available for movement. RELOADING - When a car(s) is held for loading after being released empty. RESHIPMENT - A new document by which the entire original shipment is forwarded in the same car to another destination. SPOT ON ARRIVAL CUSTOMER - TMBL, without notification, will place car(s) for loading or unloading immediately upon their availability for placement. Spot on arrival customers allow TMBL to choose which cars to spot to their industry based upon available capacity; therefore, credits will not be warranted when newer cars are spotted ahead of older cars. TENDER - The notification, actual or constructive placement, of an empty or loaded car(s). TIME - Local time is applicable, Pacific Time Zone. Time is expressed on the basis of the 24-hour clock. (Example: 12:01 AM is expressed as 0001 hours). UNLOADER - The TMBL s customer responsible for physically unloading freight from the car. UNLOADING - The complete unloading of a car and advice received from the consignee/unloader that the car is empty and available to TMBL.

9 Tacoma Rail Page 9 of 17 DEMURRAGE RULES AND CHARGES

10 Tacoma Rail Page 10 of 17 ITEM SECTION 1 DEMURRAGE 200 CARS HELD FOR LOADING LOADING The complete or partial loading of a car in conformity with TMBL and/or BNSF/UP loading and clearance rules, advice the car is available for movement, and the furnishing of forwarding instructions. TENDER Cars are tendered to the loader upon the notification, actual or constructive placement of an empty car. RELEASE At the date and time forwarding instructions are received by TMBL, this will constitute an Operational Release and a Demurrage Release. Cars found to be improperly loaded or overloaded will not be considered released until the load has been adjusted properly. COMPUTATION Demurrage time will be computed from the first 8:00 am 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 8:00 am after the date for which it was ordered until released. On reloaded cars, time will be computed from the first 8:00 am after advice is received that the car is empty until released as a load. When the same car is unloaded and reloaded, empty release information must be furnished. If not furnished, demurrage will continue until forwarding instructions are received. When two smaller cars are furnished in lieu of one larger car ordered, through no fault of consignor/loader, demurrage provisions will be applied to only one car. CREDITS Two (2) credits will be allowed for each car released from loading. 210 CARS HELD FOR UNLOADING UNLOADING The complete unloading of a car and advice from consignee/unloader to TMBL that the car is empty and available, or a car has been reloaded with empty release info furnished on loaded car and forwarding instructions are received. TENDER Cars are tendered to the consignee/unloader upon the notification, actual or constructive placement of an empty car. RELEASE At the date and time empty forwarding instructions are received by TMBL, this will constitute an Operational Release and a Demurrage Release. When a car is unloaded and then reloaded, empty release information must be furnished on the original loaded car movement. In order for a car to be considered empty, all dunnage and packing material must be removed from the car, all load securing devices must be properly stored and all doors, gates, and hatches must be closed and secured. COMPUTATION CREDITS Demurrage time will be computed from the first 8:00 am after tender until release. When the same car is unloaded and reloaded, empty release information must be furnished. If not furnished, demurrage will continue until receipt of forwarding instructions. Three (3) credits will be allowed for each car released from unloading.

11 Tacoma Rail Page 11 of RAILROAD CARS HELD FOR OTHER PURPOSES Applicable to cars held: 1. On orders of consignor/loader or consignee/unloader. 2. While awaiting disposition from the consignor/loader or consignee/unloader, including car shipped order notify or to order. 3. As a result of conditions attributable to consignor/loader or consignee/unloader TENDER Cars are tendered upon actual or constructive placement of a car. RELEASE Cars are released to TMBL at the date and time empty release information or forwarding instructions are received by TMBL. COMPUTATION Demurrage time will be computed from the first 8:00 am: 1. After tender until release on cars: a. Cars held empty for loading, ordered, and not used (other than rejected car(s) b. Diverted c. Partially unloaded d. Reconsigned e. Reshipped f. Stopped in transit g. Cars held awaiting payment of accrued charges at origin or destination h. Cars held for official grading or inspection i. Cars containing freight to be shipped internationally between the United States and Canada or Mexico requiring customs or government inspection. Car(s) will be considered released when customs or government clearance is obtained and TMBL is notified of such clearance. j. Car(s) held for any other purpose, except as covered in items 200, 210, 230,240 and 250, not attributable to TMBL. 2. After cars are received by TMBL until date of disposition on: a. Cars received from connecting carriers. b. Private cars returned to railroad tracks. c. Cars received order notify or to order. 3. After tender until date of refusal on refused loaded cars by consignee or unloader. 4. After tender until date of disposition on refused loaded cars by consignor or loader. CREDITS One (1) credit will be allowed for each car released or on which disposition is given. Credits will not be allowed for: 1. Empty cars ordered and not used. 5. Loaded private cars returned to railroad tracks to be held for disposition. 6. Cars received from connecting railroads to be held for disposition. SPECIAL RULES The party responsible for providing disposition instructions will be responsible for demurrage charges under this item.

12 Tacoma Rail Page 12 of PRIVATE CARS HELD ON RAILROAD TRACKS TENDER Cars are tendered upon constructive placement of a car on track owned or leased by TMBL and not considered private track. RELEASE Placement of car on private track. COMPUTATION Time will be computed from the first 8:00 am after tender until placement upon private tracks. CREDITS Two (2) credits will be allowed for each car. 240 EMPTY CARS ORDERED AND NOT USED This item does not apply to empty cars rejected by consignor/loader as unfit for loading, provided TMBL has been notified within 24 hours of tender (see item 250). TENDER Cars are tendered upon actual or constructive placement of a car. RELEASE Cars are released to TMBL at the date and time disposition instructions are received by TMBL. COMPUTATION Time will be computed from the first 8:00 am 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 8:00 am after the date for which it was ordered until released. CREDITS No credits will be allowed. CHARGES In addition to demurrage charges, empty cars ordered and not used will be subject to a charge of $ per car. Heavy duty or special type flat cars with AAR mechanical designation FW or FML will be subject to a charge of $ per car. 250 REFUSED LOADED CARS AND CARS REJECTED AS BEING UNSUITABLE FOR LOADING TENDER Cars are tendered upon actual or constructive placement of a car unless TMBL is notified within twenty-four (24) hours then item 240 (see above) applies. RELEASE Cars are released to TMBL at the date and time disposition instructions are received by TMBL After actual or constructive placement until date and time of refusal on a refused loaded car. After actual placement or car order date, whichever is later, until date and time of rejection, on empty cars rejected as being unsuitable for loading. COMPUTATION Time will be computed from the first 8:00 am after tender until refusal/rejection. CREDITS One (1) credit will be allowed.

13 Tacoma Rail Page 13 of DEMURRAGE PLAN AND PRICES Settlement of charges will be made on a monthly basis on all cars released during each calendar month, except for parties without established credit with TMBL. Demurrage on all cars will be assessed against the consignee/loader or consignor/unloader located on TMBL and depending upon the car s disposition. The consignee/loader or consignor/unloader shall be solely responsible for payment of charges. Redistribution of the costs to third parties shall be the responsibility of the consignee/loader and/or the consignor/unloader. The demurrage rate in effect on a car s release date will be used in calculating demurrage. Credits earned and demurrage days accrued by customers having facilities at separate stations cannot be combined. APPLICABLE CREDITS: Credits earned and demurrage days accrued will be calculated separately for the following transactions: 1. Cars held for loading (Item 200) 2. Cars held for unloading (Item 210) 3. Railroad cars held for other purposes (Item 220) 4. Private cars held on railroad tracks (Item 230) 5. Empty cars ordered and not used (Item 240) 6. Refused loaded cars and cars rejected as being unsuitable for loading (Item 250) If rail service is three (3) days or less per week (Sunday Saturday) one extra credit will be provided above the standard demurrage credit structure for the following scenarios: 1.) Cars held for loading 2.) Cars held for unloading 3.) Private cars held on railroad tracks Excess credits earned for one demurrage transaction cannot be used to offset days on another type of demurrage transaction. Excess credits earned in one calendar month may not be used to offset demurrage days in another calendar month. Excess credits earned cannot be used to offset demurrage between loading and unloading credits. The maximum number of credits that may be used to offset debits incurred on any one car is five (5). Calculation of Charges: 1. Total demurrage days for all cars released will be added to determine total debits. 2. Total credits for all cars released will be added, including credits for Sundays, holidays and extra credits granted for missed switches or other reasons authorized by TMBL. 3. If total credits exceed total debits days, demurrage charges will not be assessed. 4. If total debits exceed the total credits, calculation of charges will be made as follows: a. Subtract number of total credits from total debits to determine chargeable days. b. The number of chargeable days will be assessed $50.00 per day. Late Payments: Invoices are due and payable thirty (30) days following the date of the invoice. In the event that the invoice has not been paid, or payment has not been received by customer within fifteen (15) days after such payment is due, a late payment charge of one percent (1%) or $3.00 minimum shall be assessed on the outstanding balance owed. In addition, a finance charge of one percent (1%) per month shall be assessed on the outstanding balance owed (including payments, late payment charges, and finance charges.) Payments shall be applied first to finance charges, second to late payment charges, and then to the outstanding balance.

14 Tacoma Rail Page 14 of DEMURRAGE DISPUTES & CLAIM HANDLING In the event that a customer disputes the demurrage or storage charges received in a bill, the following procedures must be followed: 1. The dispute must be specific in nature, identifying contested cars or groups of cars by initial, number and location. Also, the claim must fully state the conditions for which relief is claimed and must be related to time of actual or constructive placement, release, or application of the rules contained in this tariff. 2. The dispute is required to be submitted on the approved Tacoma Rail form contained in this tariff, and can be submitted by to the demurrage administrator, by FAX, or by certified U.S. mail, return receipt requested to: Tacoma Rail ATTN: Demurrage Dispute 2601 SR 509 N. Frontage Road Tacoma, WA The dispute must be submitted no later than 30 days after the date of the invoice at issue. If a dispute is not received within this time, the bill will be considered correct and must be paid. Claims filed after this date will be declined. 4. Customer must pay the undisputed amount of the bill at the time the dispute is filed, according to normal bill payment procedures. 5. Amounts in dispute will not be considered past due until 30 days after the dispute resolution is concluded by Tacoma Rail. 6. Spot on arrival customers allow TMBL to choose which cars to spot to their industry based upon available capacity; therefore, credits will not be warranted when newer cars are spotted ahead of older cars.

15 Tacoma Rail Page 15 of CREDITS PERMISSABLE FOR RELIEF OF DEMURRAGE CHARGES In order to be allowed relief as indicated, the proper documentation must be submitted to TMBL thirty (30) days from the issue date of the invoice in question. Disputes filed after thirty (30) days will be declined. The dispute must contain a comprehensive explanation of why relief is claimed. 1. Railroad Error: If, through railroad error, demurrage charges are assessed, demurrage will be adjusted to the amount that would have accrued but for such error. (Run around and bunching of cars will not be considered as a railroad error.) 2. Weather Interference: - In situations where TMBL is precluded from reaching customer s siding/facility due to ACTS of GOD such as earthquakes, tornadoes, hurricanes, floods or heavy snow, and the operations of TMBL are disrupted; demurrage will be waived, provided the disruption exceeds two (2) days in duration. 3. Strike Interference: When it is impossible to load or unload or receive cars from or make cars available to TMBL because of strike interference, at the point where the loading or unloading is to be accomplished, demurrage days will be charged for at the rate of $30.00 per day during the period of strike interference, provided: a. The disruption exceeds five (5) days in duration during one calendar month. b. The provisions of this item will not apply to: i. Cars for unloading when waybills are dated four (4) days after the beginning of strike interference. ii. Cars for loading when ordered after the beginning and prior to the ending of strike interference. 4. Switching Delays: Credit will be calculated and applicable when: a. A car ordered and all others held under constructive placement, when all cars on the consignor/loader or consignee/unloader s siding are empty and available at the time a switch is missed or should have been made. If all cars on the consignor/loader or consignee/unloader s siding are not empty at the time of alleged switching failure, allowance will be for the car ordered and not placed. b. A car is ordered for placement or delivery and this is not accomplished because nonservice, credit will be given for delay in placement. This credit will apply to the car ordered placed, when held under constructive placement on TMBL tracks. Credits will be applicable for all day(s) after which the placement order was given to, but not including, the day on which the car is actually placed. For example, if a car is ordered placed on day 3 of the month, but not actually placed until day 5 of the month, day 4 of the month will be a credit day and not a chargeable demurrage day for that car and all cars held under constructive placement on TMBL tracks during that time.

16 Tacoma Rail Page 16 of EXPLANATION OF ABBREVIATIONS AND REFERENCE: AAR NSO OPSL RER RPS STB STCC TMBL UFC WA Association of American Railroads National Service Order, Western Trunk Line Committee, Agent Official List of Open and Prepay Stations, Station List Publishing Company, Agent The Official Railway Equipment Register, R.E.R. Publishing Company, Agent Railroad Publication Services, Agent Surface Transportation Board Standard Transportation Commodity Code Tacoma Rail Uniform Freight Classification, Uniform Freight Classification Committee, Agent State of Washington [A] Addition [I] Increase [R] Reduction [NC] Brought forward without change [C] Changes resulting in neither an increase nor a decrease END

17 Demurrage Dispute Form Enter the requested information for each car (or group of cars if all data is the same). Attach documentation whenever possible, and can be submitted by to the demurrage administrator, by FAX, or by certified U.S. mail, return receipt requested to: Tacoma Rail, ATTN: Demurrage Dispute, 2601 SR 509 N. Frontage Road, Tacoma, WA Date: RR Demurrage Month: RR Invoice Number: Company: Submitted by: Phone: Car Number(s) Dates Constructive Placement Actual Placement Release Demurrage Days Credits Net As Billed: Customer Record: Explanation: Documentation: Attached? Resolution (for TMBL use) Car Number(s) Dates Constructive Placement Actual Placement Release Demurrage Days Credits Net As Billed: Customer Record: Explanation: Documentation: Attached? Resolution (for TMBL use)