TEXAS ROCK CRUSHER RAILWAY COMPANY SWITCHING TARIFF FREIGHT TARIFF TXR 8000C ) ISSUED: January 12, 2015 EFFECTIVE: February 1, 2015 SWITCHING AND MISCELLANEOUS RULES AND CHARGES APPLYING AT POINTS ON THE TEXAS ROCK CRUSHER RAILWAY (Except as otherwise provided) ISSUED BY Paul Treangen, CEO Texas North Western Railway Company 5430 LBJ Freeway, Suite 1540 Dallas, TX 75240
TABLE OF CONTENTS ITEM SUBJECT PAGE Glossary 3 General Rules and Other Governing Provisions Item 8010 General Application 4 Item 8020 Supplements and Reissues 4 Item 8030 Charges on Private Cars 4 Item 8040 Hazardous Freight 4 Item 8060 Loss and Damage Claims 4 Item 8080 New Customer Security Deposit for Payment of Switching and Miscellaneous Charges 4 Item 8090 Item 8095 Existing Customer Security Deposits for Payment of Switching and Miscellaneous Charges Reasonable Dispatch 4 5 SECTION 1 Switching Rules and Charges Item 8110 Extra Switching Services 5 Item 8130 In-Plant Switching 5 Item 8135 Inter-Terminal Switching 5 Item 8150 Respot 5 Item 8155 Set-Back 5 Item 8170 Special Handling 5 SECTION 2 Miscellaneous Rules and Charges Item 8210 Weighing 6 Item 8215 Weight Limit 6 Item 8220 Cars Ordered but Not Used 6 Item 8230 Cars Released but Not Ready to Pull 6 Item 8260 Cars Interchanged in Error 6 Item 8265 Delay of Cars 6 Item 8270 Cars Not Suitable for Loading 6 SECTION 3 Disputes Item 8310 Disputes 7 SECTION 4 Items Added or Revised Item 8400 Items Added or Revised in this Issue 7 Page 2 of 7
GLOSSARY ACCESSORIAL CHARGES Any and all charges assessed by the TXR as presented in FT TXR 8000-series and FT TXR 6004-series, their supplements and reissues. BNSF BNSF Railway Company. BOE - Bureau of Explosives. BOL - Bill of Lading. CARS ORDERED BUT NOT USED - Cars ordered and not used in freight revenue service. CONNECTING CARRIER BNSF or other railroad that interchanges rail traffic directly with the TXR. CUSTOMER The Consignee, the Consignor or the party, agent, or trans-loader authorized to tender or receive the rail shipment. The Customer is the entity directly served by the TXR, whether or not they appear as a named party on the BOL. EXISTING CUSTOMER Any Customer where the TXR has received in interchange any railcars (empty or loaded) for the account of that Customer. FT - Freight Tariff. HAZARDOUS MATERIALS - Hazardous waste and hazardous substances as defined in Hazardous Materials Regulations of the U.S. Department of Transportation in 49 C.F.R. 171.8 or successor thereof. IN-PLANT SWITCHING A switching movement of cars loaded or empty, from one track to another track or between two points on the same track, within the same plant or industry without leaving the tracks of the same plant or industry. INTER-TERMINAL SWITCHING A switching movement of cars loaded or empty (other than in-plant switching) from one track to another track within the switching limits of TXR. This charge shall be assessed whenever a car is spotted to a track for inspection, remarking, repair or for any other reason at the direction of the Customer. LOADED CAR - A car that is completely or partially loaded; or a car that is moving as a load under the provisions of a Bill of Lading. NEW CUSTOMER A Customer served directly by the TXR for which TXR has not yet received at interchange any railcars (empty or loaded) for the account of that Customer. PRIVATE CAR - A car bearing other than railroad reporting marks where its use is controlled by the owner, leasee, or party other than the railroad. The term Private Car specifically excludes cars owned or furnished by TTX Company or its subsidiaries. PRIVATE SCALE A rail scale owned and operated by a Customer. REJECTED CAR 1. An empty car determined by a Customer to be unfit for loading. 2. An empty/loaded car determined by a Customer to be diverted or reconsigned 3. An empty/loaded car determined by a Customer to be refused for miscellaneous purposes RELEASE - The notification received from the Customer that loading or unloading of a car has been completed and the car is available for movement. RESPOT Switching movements resulting in the re-sequencing of cars on a track. A chargeable Respot is when this switching movement is by order or convenience of a Customer. SET-BACK Switching movements removing one car from a track in order to access another car on the same track, then replacing the car to the original track. A chargeable setback is when this switching movement is by order or convenience of a Customer. TXR Texas Rock Crusher Railway Company. TURNING CARS Repositioning a railcar so that the other side is accessible or one particular end of the car is facing a specified direction. Page 3 of 7
GENERAL RULES AND OTHER GOVERNING PROVISIONS FT TXR 8000C ITEM 8010 GENERAL APPLICATION A. This Tariff and its supplements are applicable at all points served by the TXR. B. This Tariff and its supplements are applicable to the movement and handling of all railcars. C. No exceptions will be allowed for holidays, weekends, days where no service is provided, Acts of God, terrorism, strike interference, or Bunching. D. Invoices will be presented on a monthly basis. E. Accessorial charges as presented herein will be assessed against the Customer. The Customer is solely responsible for payment of charges. TXR will not issue invoices for demurrage and other charges to third parties. F. Charges as presented herein may also be subject to Demurrage, Storage, Diversion, and Reconsignment Rules and Charges as provided in FT TXR 6004-series. ITEM 8020 SUPPLEMENTS AND REISSUES Where reference is made in this tariff or supplements to other publications for rates; charges; or other information, it includes supplements thereto or successive issues thereof. ITEM 8030 CHARGES ON PRIVATE CARS TXR will not pay per diem, hourly or mileage charges on private cars when moving to or from stations on the TXR. ITEM 8040 HAZARDOUS FREIGHT For rules and regulations governing the transportation of hazardous waste and hazardous substances including explosives and other dangerous articles, specifications for shipping containers, and restrictions governing the acceptance and transportation of hazardous waste and substances, including explosives and other dangerous articles, see BOE 6000-Series and/or Hazardous Materials Regulations of the U.S. Department of Transportation in 49 C.F.R. 171.8 or successor thereof. ITEM 8060 LOSS AND DAMAGE CLAIMS Loss and Damage Claims must be filed with and processed by the Connecting Carrier. ITEM 8080 CHARGES NEW CUSTOMER SECURITY DEPOSIT FOR PAYMENT OF SWITCHING AND MISCELLANEOUS New Customers commencing operations on the TXR shall be required to post a $3000 deposit to ensure payment of Switching and Miscellaneous charges. If after twelve months of operation the Customer s account has been maintained current, the deposit will be refunded. ITEM 8090 EXISTING CUSTOMER SECURITY DEPOSITS FOR PAYMENT OF SWITCHING AND MISCELLANEOUS CHARGES A. A security deposit to insure payment of any Switching and Miscellaneous charges that may accrue will be required from every Customer who: 1. Is not on the TXR s approved credit list; or 2. Fails to pay Switching and Miscellaneous charges within thirty (30) days of invoice. B. The deposit must be paid in cash, certified check, cashier s check or money order before any additional cars are delivered to such Customer for loading or unloading. C. The deposit will be equal to the previous month s billing for Switching and miscellaneous charges accrued by the Customer plus $5000.00. D. Deposits will no longer be required after the Customer either: 1. Is maintained on the TXR s approved credit list; or 2. Has paid all outstanding Switching and Miscellaneous charges, and has given assurance to the satisfaction of the TXR s Controller that future Switching and Miscellaneous charges will be paid within thirty (30) days of invoice. Page 4 of 7
E. When the customer is notified that a deposit will no longer be required, the TXR will refund any remaining deposits to the Customer within thirty (30) days. ITEM 8095 REASONABLE DISPATCH TXR will transport railcars over its line with reasonable dispatch. TXR does not guarantee rail service on any scheduled time frame. SECTION 1 - SWITCHING RULES AND CHARGES ITEM 8110 EXTRA SWITCHING SERVICES Normal switching service is provided by the TXR Monday through Friday, excluding holidays. If requested by the Customer, Extra Switching Service will be performed provided the TXR has available personnel and motive power subject to the following additional charge: $500 per hour or fraction thereof Minimum charge of $2000 ITEM 8130 In-Plant Switching ITEM 8135 IN-PLANT SWITCHING $175 per car INTER-TERMINAL SWITCHING Inter-Terminal Switching $350 per car ITEM 8150 RESPOT Respot $150 per car ITEM 8155 SET-BACK Set-Back ITEM 8170 SPECIAL HANDLING $150 per car In addition to freight charges and/or other Accessorial Charges, the following charges will apply on movements requiring special handling: A. Locomotives moving to or from a Customer s facility will be assessed a charge of $1000 per locomotive either direction. B. Scale test cars moving to or from a Customer s facility will be assessed a charge of $500 per car either direction. C. Single Car shipments requiring special handling or protection, including high-wide loads, will be assessed a charge of $500 per car either direction. D. Multiple Car shipments moving under a single BOL requiring special handling or protection, including high-wide loads, will be assessed a charge of $1000 per car either direction. Page 5 of 7
SECTION 2 MISCELLANEOUS RULES AND CHARGES ITEM 8210 WEIGHING Weighing loaded or empty cars on a Private Scale $300 per car This charge will not be assessed on cars weighed on weigh-in-motion scales where additional handling is not required on the part of TXR. ITEM 8215 WEIGHT LIMIT On the Vulcan Quarry Lead, TXR s weight limit is 286,000 pounds gross weight on rail (GWR). Cars exceeding the weight limit may be accepted over this line at the discretion of the TXR General Manager, subject to the following charges: A. Cars with a GWR exceeding 286,000 pounds $500 per car On the remainder of the TXR, TXR s weight limit is 263,000 pounds gross weight on rail (GWR). Cars exceeding the weight limit may be accepted on the TXR at the discretion of the TXR general Manager, subject to the following charges: A. Cars with a GWR exceeding 263,000 pounds, but less than 286,000 pounds $100 per car B. Cars with a GWR exceeding 286,000 pounds $500 per car ITEM 8220 CARS ORDERED BUT NOT USED When an order for cars for loading is canceled or a car is returned empty, a charge of $300 per car will be assessed against the Customer. This charge will not apply on Cars Not Suitable for Loading - see Item 8270. ITEM 8230 CARS RELEASED BUT NOT READY TO PULL Cars released by the Customer which cannot be pulled due to a condition attributable to the Customer will be assessed a charge of $500 per event. An event is an attempt by TXR to switch the industry or track from which the car is released. Other charges under this tariff or FT TXR 6004-series may apply. ITEM 8260 CARS INTERCHANGED IN ERROR A charge of $300 per car will be assessed the Connecting Carrier on all cars interchanged to the TXR in error. ITEM 8265 DELAY OF CARS A connecting carrier refusing to accept cars when offered by the TXR shall pay a delay charge of $50 per day for each refused car. Such charges will be in addition to all other applicable charges. ITEM 8270 CARS NOT SUITABLE FOR LOADING When cars ordered for loading are refused or rejected due to not being in suitable condition for loading, a charge of $300 per car will be assessed against the party furnishing such cars. Page 6 of 7
SECTION 3 - DISPUTES ITEM 8310 DISPUTES In order to be considered for relief, a dispute must be presented to TXR in writing with supporting documentation within thirty (30) days of the invoice issue date. Any portion of the invoice not in dispute must be paid by the due date. The dispute must fully state the conditions for which relief is claimed, and identify disputed charges by invoice number, car number and date. Disputes must be sent to: Via Email - Via FAX - disputes@tnw-rr.com 972-386-0374, or If, through TXR error charges are assessed, charges will be adjusted to the amount that would have accrued but for such error. Disputes submitted more than thirty (30) days after the invoice issue date will not be accepted. SECTION 4 ITEMS ADDED OR REVISED ITEM 8400 ITEMS ADDED OR REVISED IN THIS ISSUE Items added or revised in this issue (Freight Tariff TXR 8000C): Table of Contents Glossary Item 8010-C Item 8215-A Item 8310 Page 7 of 7