Port Tariff

RULE 300:        HARBORMASTER

The Port Director shall designate the Harbormaster, and such other personnel deemed necessary for the execution and compliance with this Tariff and the operational rules and regulations for Port Canaveral. See Addendum C for Harbormaster contact information. In addition to any duties prescribed by law, the duties of the Harbormaster include:

1. Scheduling of vessel arrivals, departures and assigning berths in coordination with the Canaveral Pilots Association, ship’s agent, and the local military establishment to provide for maximum safety and to reduce the possibility of incidents which could endanger personnel, damage property or the environment.
2. Coordinating the priority of vessel movements with the U.S. military when potential conflicts arise in scheduling. See Addendum D for Ship Movement Priority.
3. Coordinating marine safety and security procedures for Port Canaveral with the Canaveral Pilots Association, the U.S. military, U.S. Coast Guard, U.S. Army Corps of Engineers, the Port Facility Security Officer, and representatives or agents of vessel owners.
4. Processing of billing information.
5. Tracking the arrival and departure of vessels within the Port.
6. Scheduling vessel usage of berths, anchorages, or other facilities within the Port.
7. Ordering and enforcing a vessel, at its own expense and risk, to vacate or change position at a berth, anchorage, or facility in order to facilitate navigation, commerce, or Port security, to protect persons, vessels, or property, to prevent unauthorized use of Port facilities, or to facilitate dredging of channels or berths.
8. Designating Port facilities for the loading or discharging of vessels.
9. Monitoring waterside areas for threats to navigational safety and security and making notification to the Facility Security Officer on security related issues.
10. Issuing written orders of compliance and notices of violation under this Tariff.

VESSEL MOVEMENT PENALTIES:

1. Failure to Vacate or Change Position: Any vessel that unnecessarily delays in moving under an order to vacate or change position may be penalized in an amount not exceeding one thousand dollars ($1,000.00) for each hour or fraction thereof, plus 150 percent (150%) of the demurrage costs incurred by a waiting vessel, until the order is complied with.
2. Obstructing or Resisting Harbormasters: If any person, master, consignee, agent, wharfinger or wharf owner, lessee of a wharf or other person shall oppose or resist the Harbormaster or the Duty Harbormaster in the execution of their duty, or disobey any order given by either of said officers as to the manner of removing or adjusting the rigging of any vessel under the control of such person, he or she shall be guilty of a misdemeanor of the second degree, punishable as provided per Florida Statutes.

FAILURE TO NOTIFY HARBORMASTER:

Any master of a vessel who shall fail to report to the Harbormaster for a berth at the wharves on arriving in Port shall be guilty of a misdemeanor of the second degree, punishable as provided per Florida Statutes.

RULE 305:        DUTY HARBORMASTER

The Port Director may appoint Duty Harbormaster(s) to provide a 24/7 contact for vessel owners, operators, agents, or masters in the absence of the Harbormaster, and to ensure compliance with this Tariff and the operational rules and regulations of the Port. The Duty Harbormaster(s) may be hailed on VHF Channels 12 or 16 by the call sign “Canaveral Harbormaster”. See Addendum C for contact information. The duties of the Duty Harbormaster shall include those as outlined in the above Rule. When a situation arises where the Duty Harbormaster is unable to resolve it satisfactorily, or it is outside the responsibilities designated to the Duty Harbormaster by this Tariff, contact shall be made with the Harbormaster or the Port Director for resolution.

RULE 310:         RESERVATIONS FOR CRUISE VESSELS

CPA will accept requests for advance reservations for cruise ships on a “first come, first served basis” or by contract and will protect a day or dates for berths and other specialized facilities as needed. Advance arrangements are to be made by the ship’s agent with the Harbormaster. Notwithstanding the above, CPA reserves the right, through the Harbormaster, to assign berths and/or change the assignment of berths already reserved for the best utilization of Port facilities taking into account any and all elements which CPA, in its sole discretion, chooses to consider in order to achieve the best berth and facilities utilization and is in the best interests of the Port. Ships requiring berths due to weather, medical or any other request should contact the Harbormaster as soon as possible. CPA shall not be responsible for delays to vessels in berth or seeking berth or be responsible for damages resulting from delays to vessels, regardless of cause.

RULE 315:        RESERVATIONS FOR VESSELS OTHER THAN CRUISE

CPA reserves the right to provide preferred berthing by written contract and to liner services that maintain a regular schedule. All vessels shall be assigned berthing facilities by the Harbormaster on a first come, first served basis, upon submission of a completed Vessel Berthing Request. All vessels shall be assigned to berths in the order of arrival at the sea buoy and in which they declare themselves as ready to commence work immediately upon arrival at berth. Notwithstanding the above, CPA reserves the right through the Harbormaster to assign berths and/or change the assignment of berths already reserved for the best utilization of Port Canaveral facilities taking into account any and all elements which CPA, in its sole discretion, chooses to consider in order to achieve the best berth and facilities utilization and is in the best interests of the Port. Cargo vessels loading or unloading are limited to seventy-two (72) hours at berth when another vessel is awaiting the same berth with a confirmed Vessel Berthing Request. The Harbormaster may make an exception to this Rule to allow continued berthing. CPA shall not be responsible for delays to vessels in berth or seeking berth or be responsible for damages resulting from delays to vessels, regardless of cause.

RULE 320:        CHANGE OF LOCATION OF VESSELS

Any vessel, boat, barge, or other watercraft must at all times have on board a person in charge with authority to take such action in any actual emergency as may be necessary in order to facilitate common navigation or commerce or for the protection of other vessels or property. The Port Director or Harbormaster is hereby authorized and directed to order and enforce the removal or change of location of any vessel, boat, barge or other watercraft at its own expense, to such place as the Port Director or Harbormaster may direct, for the purpose of facilitating navigation or commerce, or for the protection of other vessels or property, and it shall be unlawful for the master, owner or agent of such vessel to fail, neglect or refuse to obey any such orders of the Port Director or Harbormaster.

If there is no responsible person available, or if the person in charge refuses to shift the vessel as directed, the CPA may have the vessel shifted at the risk and expense of the vessel owner or operator.

RULE 325:        PILOT CONTROLS AND REGULATIONS

All pilots or deputy pilots must be licensed or indentured by the State of Florida Pilot Commission. It is required for foreign vessels and all coastwise vessels, except those United States coastwise vessels which have on board a pilot licensed by the United States Government. If a vessel is sailing to a foreign port or arriving from a foreign port, it will have to engage a pilot licensed or apprentice pilot indentured by the State of Florida Pilot Commission for Port Canaveral, Florida, even though a United States licensed pilot is on board. All pilot service herein provided shall be by contractual arrangement running solely between the pilot engaged by the vessel and the vessel, its agents, and owners. CPA and the State of Florida Pilot Commission are not part of a contract arrangement.

All vessels shall have a licensed state pilot or certificated deputy pilot on board to direct the movements of vessels when entering or leaving Port Canaveral, except as otherwise provided in § 310.141, Florida Statutes. Exceptions include vessels exempted by the laws of the United States and monohulled vessels and certain multihulled vessels which draw less than 7’ of water.

All Port pilots, including those holding a United States license, shall obey the directions given by the Port Director, Harbormaster in all particular instances as to vessel movement on the waters under jurisdiction of the CPA, either inbound or outbound, berthing, re-berthing, with regard to any vessel movement coordination and safety issues concerning these vessel movements. Any party failing to so obey any such direction of the Port Director or Harbormaster shall lose their privilege to operate as a pilot at Port Canaveral, and such may be enforced by injunction or otherwise.

Pilotage services are provided in Port Canaveral by the Canaveral Pilots Association. See Addendum C for contact information. For information regarding pilot(s) licensed by the United States Government, contact the Harbormaster Office.

RULE 330:        DECK WATCH

All vessels moored to CPA operated wharves shall maintain a live deck watch and monitor VHF Channels 12 and 16 with the capability of communicating in English. The Port Director may require any vessel berthed at private leaseholds to maintain a live deck watch and have an English-speaking person to monitor VHF Channels 12 and 16.

RULE 335:        LIGHTS

All vessels, while within the jurisdictional waters of Port Canaveral, shall display proper navigation lights between sunset and sunrise and during periods of restricted visibility (fog, rain, haze, etc.) in accordance with the U.S. Coast Guard Navigation Rules. The use of flashing, occulting, or revolving lights is prohibited except where expressly allowed by law.

RULE 340:        MOORING

The master and crew of each vessel shall, at all times, ensure that their vessel is secured to the wharf utilizing mooring lines in sufficient number, positioning, strength, and condition. The crew shall tend to their vessel’s mooring lines for the duration of the vessel’s dockage as needed in order to accommodate for changes in weather conditions, changes in tide, and passing vessels. Additionally, all vessels must comply with any mooring arrangement recommendations as given by the Harbormaster, and/or Duty Harbormasters.

RULE 345:        UNDER KEEL CLEARANCE AT BERTH

Any vessel berthed alongside any dock or seawall within Port Canaveral shall at all times maintain an under- keel clearance of at least six (6) inches between the lowest protrusion of the vessel and the sea bottom regardless of tidal conditions.

RULE 350:        SPEED

The waters of Port Canaveral are designated as “slow speed, minimum wake” zone. In accordance with § 327.33, Florida Statutes, it is unlawful to operate a vessel without regard to posted speed and wake restrictions or other waterborne traffic, in a reckless manner, in a manner that endangers persons or property, including other vessels or structures, or in a manner causing wake damage.

RULE 355:        ANCHORAGE

It shall be unlawful for any person, company, or corporation whether as principal, servant, agent, employee or otherwise, to anchor any vessel, barge, boat, or other watercraft of any kind in any of the turning basins or channels in Port Canaveral without permission from the Port Director except in cases of actual emergency. Vessels anchoring under emergency conditions will report to the Port Director and the Canaveral Pilots

Association immediately with a full statement of the circumstances. Violators will be charged five hundred dollars ($500.00) per day or any portion thereof, or twice the dockage charge, which would be applicable to the vessel, whichever is greater. Vessels authorized by the Port Director to anchor in Port Canaveral will be charged the dockage charge which would be applicable to that vessel.

RULE 360:        COLLISION / ALLISION

In the event of a collision between two (2) vessels or an allision between a vessel and any wharf, dock, pier or other structure, a written report of such incident shall, be immediately reported to the Harbormaster for determination and instructions. A written report of such collision/allision made by the master, owner or agent involved is required to be furnished to the Port Director within twenty-four (24) hours after the collision/allision. In the event of a collision/allision where a vessel is under way and proceeding to the open sea with no need of repair, said report may be mailed by the master, owner, or agent of said vessel from the next port which it enters.

RULE 365:        ENGINE IMMOBILIZATION

Masters, owners, or agents of vessels intending to immobilize the main engines of their vessels at CPA wharves shall submit a formal immobilization request to the Harbormaster a minimum of forty-eight (48) hours in advance of said vessel’s estimated time of arrival. In the event that another vessel requires berthing at an immobilized vessel’s berth for the purpose of actively working cargo, the Harbormaster will require the immobilized vessel to shift. All charges associated with said shift shall be at the expense of the Master, owner, or agent. In order to accommodate such shifts, as well as potential emergency movements, an immobilized vessel shall have a sufficient number of crew onboard and also towing lines rigged on the offshore side of the immobilized vessel’s bow and stern.

RULE 370:        OBSTRUCTION OF NAVIGATION

No substance that will form an obstruction to navigation or become a nuisance shall be deposited in the waters of Port Canaveral.

RULE 375:        SALVAGE OPERATION

Prior to the commencement of salvage operations, individuals and/or businesses desiring to perform salvage operations within the waters of Port Canaveral will be required to furnish CPA with a performance bond ensuring that the salvage operation will be performed expeditiously and to the satisfaction of federal, state, and local authorities. The Port Director is authorized to determine and fix the amount of the required performance bond on a case by case basis.

RULE 380:        UNDERWATER DIVING OPERATIONS

Underwater diving operations are prohibited within the confines of Port Canaveral except when authorized by the Harbormaster. Those involved with an authorized dive operation must notify the Harbormaster immediately prior to commencing diving operations, as well as at the conclusion of diving operations. Additionally, those involved with an authorized dive operation must have personnel onsite at the dive site that will monitor VHF Channel 12, as well as display proper dive flags throughout the duration of the dive. Furthermore, authorized diving operations must comply with all standing U.S. Coast Guard policies and regulations.

For purposes of this Rule the confines of Port Canaveral are defined as including all water east of the Barge Canal Lock through the Jetties to the Atlantic Ocean.

This Rule does not apply to waters under the control of the United States Navy, United States Army Corps of Engineers, or to the U.S. Coast Guard.

RULE 400:        ABANDONED CARGO

Any cargo on which charges have not been collected within ninety (90) days shall be considered abandoned cargo. CPA reserves the right to remove any or all such property to another part of the premises or remove it and place it in storage off of CPA premises at the risk and expense of the owner. CPA may retain possession of the property until all charges have been paid. In any instance, when the Port Director determines final abandonment of cargo, such cargo may be disposed of by CPA.

RULE 405:        CLEANLINESS

All vessels, their owners or agents, and all other users of CPA property, facilities, or equipment, shall be held responsible for keeping CPA’s property, facilities, and equipment in a clean and orderly manner to the satisfaction of CPA. CPA’s property includes, but is not limited to, its berths, piers, adjacent aprons, and gutters, drains and drainage facilities, entryways, and roadways. Failure to comply with this requirement, or to make reasonable progress within twenty-four (24) hours of receipt of notice thereof, will result in the user being charged five hundred dollars ($500.00) for each calendar day or portion thereof the property, facility or equipment is not cleaned. In addition to such charge, CPA reserves the right to do any required cleaning and charge the user the cost of such cleaning plus 20%.

RULE 410:        DAMAGES TO PORT PROPERTY OR PROPERTY OF OTHERS

Users of CPA facilities shall be held responsible for all damage to property, facilities and equipment caused by them, their employees, agents, or contractors, or resulting from the use of CPA property and facilities. CPA’s property includes, but is not limited to, its berths, piers, adjacent aprons, and gutters, drains and drainage facilities, entryways, roadways, and waterways. It is the responsibility of the users to immediately notify the Port Control and the Harbormaster of damages to property, facilities, or equipment caused by or arising out of their use and to confirm same in writing within three (3) working days.

Any damage caused by the vessel to the wharf or equipment for any reason shall be the responsibility of the master and the owner of the ship causing the damage. CPA shall be able to detain the ship until it has received a satisfactory guarantee for payment of the amount of the damage caused or a reasonable estimate thereof.

All repairs of damage to buildings, structures, equipment, etc. will meet current building and safety codes and shall be completed to CPA’s satisfaction. CPA reserves the right to repair said damages and bill the user the cost of such repair plus 20%. Failure to notify the Port of any damage to the facilities will result in the user being charged the cost of such repairs plus 50%.

RULE 415:        MAXIMUM LOAD / HEIGHT OF CRANE CARGO IN SHEDS ON WHARVES AND FACILITIES

CPA reserves the right to specify the maximum load that may be placed on its wharves and facilities, and the manner in which single heavy pieces shall be moved over said wharves and facilities and also reserves the right to specify the maximum height to which any commodity may be stacked or piled. A formal request for approval of such crane and heavy lift cargo movements shall be submitted to the Harbormaster Office and the Engineering Department a minimum of 2 business days in advance of said movement. Upon receipt of the request, an engineering analysis will be completed to determine if the wharves and facilities can support the weight of a crane lift, cargo, handling, or transport equipment, either individually or combined, CPA will charge three hundred and -fifty dollars ($350.00) for the engineering analysis, to either the crane operator, agent, stevedore, or tenant. Crane service companies must be permitted to conduct business at Port Canaveral per Rule 1315 and carry insurance coverage in accordance with the Insurance Supplement, Addendum A.

RULE 500:   DISCHARGING / THROWING TRASH, REFUSE AND/OR GARBAGE INTO WATERWAYS

It shall be unlawful for any person, company or corporation to deposit, place or discharge into the waterways of Port Canaveral either directly or through private or public sewers, any sanitary sewage, garbage, dead animals, gaseous liquid or solid matter, petroleum product, calcium or carbide, trade waste, tar or refuse, ship engine exhaust scrubber washwater effluent discharge, or any other matter, which is capable of producing floating matter or scum on the surface of the water, sediment on the bottom of the waterways, turbid water within the water column, or the odors and gasses of putrefaction. In addition, all applicable federal, state, and local laws, rules, or regulations pertaining to air and water pollution shall be rigidly observed.

Vessels discharging oil from bilges or tanks into the waters of Port Canaveral will be reported to the U.S. Coast Guard. All vessels, their owners or agents, and all other users of CPA facilities, shall be held responsible for any such discharges caused by them.

CPA reserves the right to undertake any assessment or corrective action deemed necessary or prudent to protect public health or property. The cost of assessment and corrective action plus 50% will be assessed to vessel causing such discharge.

RULE 505:   EMERGENCIES

Anyone who becomes aware of an emergency within the jurisdictional boundaries of the Port should call 911 or notify the Port Control Center (see Addendum C) while taking such measures as may be appropriate.

In case of fire on board a vessel docked in Port or on the wharf at which the vessel is berthed, such vessel shall sound repeated long blasts of its whistle or siren, each blast to be from four (4) to six (6) seconds duration, to indicate a fire.

Vessel horns, whistles, or sirens serve as important navigational and safety devices. Such signaling devices should only be used in the event of emergencies and in the furtherance of safe navigation. Other unnecessary use of signaling devices (e.g., farewell goodbyes or use as entertainment) is prohibited outside of the following operating hours: 0800 – 1800.

RULE 510:        EXPLOSIVES

Explosives and hazardous or highly inflammable commodities or material may be handled over or received on the wharves or other facilities of CPA by special arrangements with and at the option of the Port Director. Handling of such commodities or material shall be conducted in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations and approved by the Canaveral Fire Rescue and U.S. Coast Guard.

RULE 515:        HAZARDOUS MATERIALS

All Port users/tenants will be held responsible for compliance with all applicable federal, state, and local laws, ordinances, rules and regulations regarding the transportation, storage, disposal, use and handling of hazardous materials. Any user/tenant transporting, storing, disposing, using, or handling hazardous material shall indemnify and hold CPA harmless from all damages, claims, and expenses including attorney fees resulting from the presence of such material at or near the Port Canaveral. No provision or rule relieves or limits the violators’ liability for their own negligence.

RULE 520:        INCLEMENT WEATHER

Port Canaveral is not a suitable refuge for either hurricanes or tropical storms. Port Canaveral is a port of significant national and regional importance, and efforts must be taken to mitigate damage which may be caused by a severe weather event. All Port Canaveral users must comply with storm preparation directives and evacuation orders given by CPA, the U.S. Coast Guard, Brevard County Sheriff’s Office, and Canaveral Fire Rescue. For additional information refer to CPA’s website at http:/www.portcanaveral.com/About/Severe- Weather-Awareness or contact Public Safety and Security, see Addendum C.

Vessels greater than 500 gross tons desiring to remain in the Port during a hurricane or tropical storm must request and receive permission from the CPA and U.S. Coast Guard Sector Jacksonville. CPA may require vessels greater than 500 gross tons that have been approved by the U.S. Coast Guard to remain in Port to shift berths for operational or safety reasons.

Vessels under 500 gross tons may not remain in Port, including in the waterways of marinas, and shall be promptly removed from the waters of the Port by the vessel owner(s), upon issuance of an evacuation order by CPA.

The CPA may issue penalties to vessel owners or operators for violations of this Rule in an amount not to exceed the amount prescribed in § 313.22(3), Florida Statutes. The owner or operator of any vessel that has not been removed from the waterway of the marina, pursuant to an order from CPA, after the hurricane watch has been issued, may be subject to a fine in an amount not exceeding three times the cost associated with removing the vessel from the waterway.

Additionally, all tenants and users of Port Canaveral wharves and facilities shall be responsible for adequately securing all cargo, materials, and equipment that may cause personal injury and/or property damage in the event of a hurricane, tropical storm, or any other severe weather event. In the event any cargo, materials, or equipment are not stored and secured in accordance with requirements issued by the CPA, the CPA may take appropriate measures to secure the items and charge the tenant or user at cost plus 20%.

The CPA assumes no responsibility or liability for any injury or damage to persons, property, cargo, materials, or equipment resulting from hurricanes, tropical storms, or other severe weather events.

RULE 525:        LOITERING

Loitering in or around restricted areas of the CPA shall be prohibited. Unauthorized presence within a restricted area constitutes a breach of security.

RULE 530:        MARPOL ANNEX V

All persons including vessel owners, agents, stevedores, truckers, chandlers, ship repairers, oil vendors, tenants of CPA and any public or private company entering CPA property shall comply with the U.S.C.G. (PL 100-220) MARPOL Annex V code regarding disposal of plastic, vegetable, and medical waste. Contact CPA forty-eight (48) hours in advance of vessel’s arrival for list of A.P.H.I.S. approved reception facilities.

RULE 535:        NO SMOKING

It shall be prohibited for any person to smoke or light any match upon Port wharves or in the immediate vicinity of vessels containing, loading, or discharging explosives or dangerous cargo and/or any other area where such is prohibited by CPA, Canaveral Fire Rescue, or the U.S. Coast Guard.

RULE 540:        NUISANCE DISCHARGE CREATED BY VESSELS

Throughout the duration of a vessel’s stay in Port Canaveral, it is prohibited to emit excessive smoke, perform incineration activities, blow tubes, or clean boilers and/or shipboard cargo tanks/holds, or otherwise create nuisance discharge. All necessary measures to prevent emitting excessive soot, ash, or dark smoke from engine exhaust and/or ancillary shipboard machinery shall be taken. Additionally, the discharge into Canaveral harbor of black or gray water, or ballast water, unless such ballast water has been treated using an approved, properly functioning on board ballast water treatment system is prohibited. The vessel owner/operator and/or its local agent shall be held as the responsible party for any violation of this Rule. Nuisance discharge notifications shall be directed to both the Harbormaster and the Environmental Department, see Addendum C. Any nuisance discharge notifications received by the Harbormaster Office and the Environmental Department will be investigated in order to inform or, when necessary, issue warnings to a vessel and/or its local agent for any violation(s), and/or reporting to appropriate regulatory authority.

RULE 545:        REGULATED AND HAZARDOUS SUBSTANCE SPILL RESPONSE READINESS

All companies and governmental entities transporting and handling petroleum-based fluids within Port Canaveral, or over any wharf or bulkhead must provide a current Discharge Prevention and Response Certificate as required by § 376.065, Florida Statutes, and demonstrate the number of trained personnel and containment and recovery equipment, as required by a response, and as identified in the Federal Pollution Act of 1990, is adequate for the performance of their respective Port operations. Should such companies or entities utilize its membership in the Port Canaveral-Brevard County Spillage Cleanup Committee, Inc. to demonstrate compliance for any part of these requirements, such membership must be maintained in good standing. Contact the Environmental Department (see Addendum C). Each company or entity must also have insurance coverage based upon the circumstances of response in accordance with the Insurance Supplement, Addendum A.

In the event of any regulated or hazardous substance being released or discharged on, under, or within CPA’s facilities or into the waterways of Port Canaveral, the vessel, its owner(s) or agent(s), or the user(s) of CPA facilities shall be held responsible for any such release or discharge caused by them. The responsible party shall immediately follow notification procedures in accordance with Rule 505, in addition to notifying all regulatory agencies requiring notification. The responsible party, at its sole expense, also shall immediately take all necessary remedial mitigation and clean-up actions in accordance with applicable federal, state, and local laws, rules, and regulations. Any regulated or hazardous substance entering or having the potential to enter navigable waters must be reported immediately to the U.S. Coast Guard National Response Center (NRC). The phone number for the NRC is: 1 (800) 424-8802. CPA reserves the right to undertake any assessment or corrective action deemed necessary or prudent to protect public health or property. The cost of assessment and corrective action plus 50% will be assessed to the responsible party causing the release or discharge.

RULE 547:        VESSEL HULL CLEANING AND MAINTENANCE OPERATIONS

 

Vessel hull cleaning or maintenance operations, including sandblasting or painting, while docked at Port Canaveral is prohibited without prior written approval from the Environmental Department. Any vessel, agent, person, or company desiring to perform such activities shall make a request for authorization in writing to both the Harbormaster and the Environmental Department (see Addendum C). The request is to be sent a minimum of forty-eight (48) hours prior to the desired commencement and shall contain the following: a detailed description of the activities to be performed; the vessel’s biocide-free anti-fouling coating certificate(s); and the materials and protection measures to be used. The following are strictly prohibited in the Port Canaveral harbor: 1) the performance of hull cleaning and maintenance operations on a vessel which utilizes a biocide containing anti-fouling coating; and 2) chipping, scaling, or otherwise removing paint from a vessel hull into the waterways.

RULE 550:        REMOVAL OF WASTE AND CONTAMINATED OILS

Contact the Harbormaster Office for a list of companies to contact for such service.

RULE 555:        RESTRICTED ACCESS AREAS AND SECURE / NO TRESPASS ZONES

CPA has designated secure and restricted areas within the Port in accordance with Florida Statute § 311.12. These areas shall be clearly marked and indicate that unauthorized access is prohibited and constitutes a breach of security. In addition, security zones are established 100 yards around all tank vessels, cruise ships, and military pre-positioned ships within the Port jurisdictional area and shall be enforced in accordance with the provisions of Florida Statute § 327.461.

RULE 560:        RESTRICTIONS REGARDING WASTE DISPOSAL PRACTICES FOR PASSENGER VESSELS

All passenger vessels operating from, or calling on, Port Canaveral are expected to abide by the waste disposal guidelines within the Cruise Industry Waste Management Policy outlined in the Memorandum of Understanding (MOU) between the International Council of Cruise Lines (ICCL) [now known as the Cruise Lines International Association (CLIA)], Florida-Caribbean Cruise Association (FCCA) and the Florida Department of Environmental Protection (FDEP) as subsequently amended and any other applicable international, federal, state and local environmental regulations. The MOU is available on the FDEP website (see https://floridadep.gov/sites/default/files/cruiselineMOU12-06-01.pdf). Waste disposal guidelines are available on the Cruise Lines International Association (CLIA) website.

RULE 565:        SECURITY DISTANCES BETWEEN VESSELS

Security zones are established 100 yards around all tank vessels, cruise ships, and military ships while the vessels are within the jurisdictional waters of the CPA. Entry into these zones is prohibited except as authorized by the U.S. Coast Guard. Security zones shall be in effect whether the vessel is in transit or at berth.

RULE 570:   SECURITY SERVICES

In accordance with the Maritime Transportation Act (“MTSA”), the CPA may require Port Tenants, clients, and users to provide security services to monitor cargo or other property under their care, control, or management. This shall include, but not be limited to, all cargo and properties encompassed by a tenant leasehold or site-specific facility security plan (“FSP”).

Port Tenants, clients, or users who are regulated by the U.S. Coast Guard under the purview of a site-specific FSP shall be wholly responsible for establishing terminal security services in accordance with the provisions of their site-specific plan.

In the event a user does not have an approved FSP, or their site-specific plan is not approved by the CPA Facility Security Officer, they may request permission to use the Port’s FSP. If permission is granted, the user shall comply with all provisions of the regulations and procedures set forth in the Port’s FSP. The user of the Port’s FSP is responsible for Terminal Security Services in accordance with Rule 571.

CPA reserves the right to charge the user any administrative or civil penalty, fee, or fine assessed due to failure of the user to comply with the provisions of the MTSA and/or the Port’s approved FSP. This charge shall include the actual cost, including any legal fees associated therewith, plus 20%.

Organizers of a special event or any activity for which there is an anticipated or actual need for enhanced or specialized security services shall be required to provide adequate security services, as determined by CPA, for the duration of such event or activity, and at the organizer’s sole cost and expense. CPA reserves the right to charge the organizer for providing such enhanced or specialized security services, in the event adequate security services are not provided by the organizer, as determined by CPA.

Security services required by this Rule shall be provided by a contract provider of security services permitted by the CPA per Rule 1315. Such services shall be in accordance with the requirements of Chapter 493 of the Florida Statutes as amended. In addition, security services shall carry insurance coverage in accordance with the Insurance Supplement, Addendum A.

RULE 571:   TERMINAL SECURITY SERVICES

When required by the Port’s U.S. Coast Guard approved FSP, terminal security shall be provided by a contract provider of security services permitted by the CPA per Rule 1315. Requests for Terminal Security Services require a minimum of forty-eight (48) hours’ notice to the CPA Harbormaster and Public Safety and Security Department. Services requested with less than twenty-four (24) hours’ notice will be charged at the Weekend/Holiday rate.

NOTE: . Terminal Security Services will be billed at a minimum of four (4) hours per guard and are subject to applicable taxes. Guard requirements will be dependent upon assigned berth.

RULE 572:   SECURITY SURCHARGE

A surcharge will be billed to offset cost of compliance with federal, state, and local security regulations and laws in the amount of 3% of total dockage charged for all vessels berthing at CPA maintained facilities with an LOA over 100 feet (excluding cruise/passenger vessels). This surcharge will be assessed in addition to all other fees within the Tariff.

RULE 600:        BASIS OF CHARGE

Dockage shall be based on the length overall of the vessel or the highest gross registered tonnage. Length overall is the linear distance as expressed in feet of the extreme length of the vessel. Lloyd’s Register of Shipping shall be used to determine the length overall of a vessel. If vessel is not in Lloyd’s registry, then the vessel will be required to show a Certificate of Registry. However, the CPA reserves the right to admeasure any vessel when deemed necessary and use such admeasurements as the basis for dockage.

RULE 605:        DURATION OF CHARGE

Dockage is calculated per twenty-four (24) hour period and begins when a vessel is secured to a wharf, pier, bulkhead structure or alongside another vessel so berthed and each 24 hours or portion thereof constitutes as an additional day’s dockage. Dockage is based on straight running time and shifting from one adjoining berth to another shall not interrupt the straight running time.

RULE 610:        DOCKAGE CHARGES EXCEPT GOVERNMENT AND CRUISE VESSELS

RULE 615:        DOCKAGE CHARGES GOVERNMENT VESSELS

For U.S. Government owned public vessels regularly based, visiting and/or operating from Port Canaveral and in Port either frequently or infrequently:

Government vessels not engaged in commerce may be granted an exemption or reduction in rates at the discretion of the Port Director.

RULE 620:        DOCKAGE CHARGES CRUISE VESSELS

Dockage charges for cruise vessels are provided in the tables below. The minimum dockage charge for multiday cruise vessels is $6,000.00.

620.1         One (1) Day Gaming Vessels

RULE 625:        DOCKAGE CHARGES BUNKERING

All vessels calling at Port Canaveral for the purpose of bunkering only and remaining on berth for less than twenty-four (24) hours will be charged dockage at 75% of the current Tariff rate or the minimum dockage rate, whichever is greater.

RULE 630:        DOCKAGE FOR TUG AND BARGE BUNKERING

Tugs and barges engaged in bunkering only for cruise and cargo vessels will be charged dockage at 75% of the current Tariff rate or the minimum dockage rate, whichever is greater.

RULE 635:        COMMERCIAL LAYBERTH

Upon application to and acceptance by the Port Director for a layberth rate, and subject to availability of a suitable berth, vessels that are in Port for reasons other than for cargo or cruise operation:

Days 1-7 will be charged dockage at a rate of 100% of the current Tariff rate. Days 8-30 will be charged dockage at a rate of 75% of the current Tariff rate.

Requests for layberth must be submitted to the Port Director by the ship agent, in writing, within seventy-two

(72) hours of the vessel’s departure from Port Canaveral. Vessel lay-up in excess of thirty (30) days shall be by contract only.

RULE 640:        CRUISE REFURBISHMENT

Upon application to and accepted by the Port Director and subject to availability of a suitable berth, cruise vessels in Port for refurbishment prior to commencement of or resuming cruise operations from Port Canaveral will be charged dockage at the rate of 75% of the current Tariff rate unless expressly waived in whole or in part by the Port Director.

RULE 645:        MINIMUM DOCKAGE EXCEPT CRUISE VESSELS

Except as provided in Rule 620, the minimum dockage invoice will be as follows:

RULE 650:        DOCKAGE FOR UNAUTHORIZED BERTHING

Any vessel berthed in an unauthorized manner or shifted without approval of CPA shall be subject to dockage in an amount equal to twice the current Tariff rate.

RULE 710:   DELIVERY OF BUNKERS/PETROLEUM PRODUCTS BY BARGE/TRUCK

Vessel bunkers arriving by barge or truck and delivering bunkers to vessels moored to any CPA wharf or bulkhead will be charged the bunkers wharfage as specified in Rule 705. Failure to report delivery of bunkers/petroleum products will result in the following charges: Wharfage cost owed plus 20% inclusive of administrative fees and investigation costs.

RULE 715:   PASSENGER WHARFAGE

Passenger wharfage charges are provided in the table below. The minimum passenger wharfage charge for multiday cruise vessels is $6,000.00.

NOTE: Steamship Company officials riding on their own vessels shall be exempt from passenger wharfage charges.

RULE 900:   CRANE RENTALS

The CPA reserves the right to provide either directly or pre-authorized (permitted) crane(s) for stevedoring operations throughout all Port facilities. As such, and when the CPA is in the position to provide adequate crane(s) for a specific operation, the CPA reserves the right to restrict the use of privately owned and operated cranes on Port facilities, except when granted permission by the Port Director or designee. When granted permission by the Port Director, or designee, for a private crane to operate on Port facilities, reference Rule 415.

RULE 1100:  CARGO / MILITARY LINE HANDLING

Only CPA employees shall be permitted on all wharves, berths and piers owned by CPA for the purposes of handling lines. However, for the purpose of safety and security reasons, active-duty military personnel will be permitted to handle the lines of any U.S. Navy or U.S. Coast Guard vessel. Lloyd’s Register shall be used in determining the length overall of the vessel.

It is the responsibility of the Agent of Record to notify CPA two (2) hours prior to vessel arrival, shift, departure and/or cancellation for the purpose of line handling. In the event of a cancellation less than two (2) hours prior to departure, the Agent of Record shall be subject to a charge of one (1) hour for standby time.

When CPA is requested, or required to perform the service of handling lines, a charge shall be assessed as follows:

Cargo/Military Vessels docking or undocking Monday through Friday, from 0800 to 1200 and 1300 to 1700:

Cargo/Military Vessels docking or undocking Monday through Friday, 1701 to 0759, meal hour and Saturdays, Sundays, and Holidays:

NOTE: Vessels utilizing steel cables for mooring will be charged an additional 10% over current line handling rates.

NOTE: Standby time shall be charged beginning 60 minutes after the original scheduled time for arrival, departure, or shift.

RULE 1105:  CRUISE VESSEL LINE HANDLING

Only CPA employees shall be permitted on all wharves, berths and piers owned by CPA for the purposes of handling lines. Lloyd’s Register shall be used in determining the length overall of a vessel. It is the responsibility of the Agent of Record to notify the CPA two (2) hours prior to vessel arrival, shift, departure and/or cancellation for the purpose of line handling. As shown in the tables below, homeported cruise vessels will be billed at 75% of the current Tariff rates. If the vessel fails to meet the minimum definition of Rule, the full rate will be assessed retroactively.

When the Port is requested, or required to perform the service of handling lines, a charge shall be assessed as follows:

RULE 1110:  HARBORMASTER FEES

Harbormaster fees will be assessed against all commercial vessels entering the main ship channel and bound for loading, unloading, or berthing at commercial piers unless otherwise provided by lease or contract. Vessels shifting to non-adjoining berths will be charged as a new voyage and subject to additional Harbormaster fees unless at the direction of the Harbormaster.

RULE 1115:      FRESH WATER

Charges for fresh water delivered to vessels or used at piers or wharves, shall be metered over the duration of dockage and assessed as follows:

NOTE: Water usage will be rounded to the tens of gallons for all meters six inches and larger before conversion to tons.

RULE 1120:      MEDICAL EMERGENCY VESSEL CALL

Any medical emergencies will be charged one (1) line handling fee and one (1) harbormaster fee if less than one (1) hour stay.

RULE 1125:      AUTOMOBILE PARKING FEES

Port Canaveral has designated areas for parking privately-owned vehicles at cruise ship facilities with rates as follows:

NOTE: Parking Fees are subject to applicable taxes.

CPA reserves the right to charge rates other than those above for premium or preferred parking, incentives, prepaid parking, crew parking or vendor parking.

RULE 1130:      TERMINAL USE FEE

CPA reserves the right to assess a terminal use fee when deemed necessary. Among the determining factors when assessing this fee will be the extraordinary nature and/or value of cargo, the dimensions and/or weight of the cargo, and the measures required to ensure transit through the terminals with minimal disruption of other terminal operations. CPA will advise the affected parties of this fee prior to the cargo transiting its terminal, including an estimate of the monetary amount to be assessed. This fee will be in addition to all other charges assessed by CPA, unless CPA decides otherwise.

RULE 1135:      PUBLIC HEALTH AND SAFETY FEE

A fee will be billed to offset cost of compliance with federal, state, and local public health and safety requirements and recommendations. This fee will be assessed in addition to all other fees within the Tariff.

RULE 1200:      ACCESS TO RECORDS

All vessels, their owners or agents, and all other users of the waterways and facilities shall be required to permit access to manifests of cargo, passenger, railroad documents and all other documents requested by the Port Director, for the purpose of audit for ascertaining the correctness of reports filed or for securing necessary data to permit correct estimate of charges.

RULE 1205:      PAYMENT OF BILLS

All charges under this Tariff are due as they accrue and are payable upon presentation of invoices payable in

U.S. funds only. The CPA reserves the right, in any event of delay or failure to pay invoices as presented, to demand payment of charges in advance before further services will be performed or facilities used or before freight, upon which charges have accrued will be delivered.

The CPA does not recognize the numerous shippers and consignees and cannot attempt to collect or assist in collecting wharfage and similar bills, which may be passed on to the shippers and consignees by the vessel, its owners, or agents, and said bills must be paid when presented regardless of when the vessel, its owners or agents are reimbursed.

The CPA reserves the right to estimate and collect all charges in advance which may accrue against a vessel, its owners, or agents, or against the cargo loaded or discharged by a vessel, or from other users of the facilities. Use of the facilities may be denied until such advance payments or deposits are made.

Steamship Agents are responsible for collection and payment of all charges to the Port Authority unless application and approval for direct billing has been authorized by the Finance Department.

All vessels landing goods on the wharves or piers, or receiving goods by pipeline, or delivering or receiving goods from vessels while said vessels are berthed at a wharf, dock, or pier on the waterways, thereby contract to pay and are responsible for the wharfage charges on such goods at the rates provided herein.

Charges for the handling of non-containerized Cargo, hire of equipment, cleaning and/or repairing of containers, provision of equipment interchange reports or any other service which is not mentioned in the Tariff shall be provided on request. The Carrier shall contact the Port Authority or applicable terminal operator directly to avail all the Marine Services.

RULE 1206       ACCEPTED METHODS OF PAYMENT; CONVENIENCE FEE

CPA accepts the following methods of payment: Check, Money Order, Cashier’s Check, Electronic Funds Transfer (ACH), Bank Wire, Debit Cards, and Credit Cards (Mastercard, Visa, or American Express). Payments made with a Credit Card are subject to a 2.45% convenience fee.

RULE 1207:      DIRECT BILLING

Charges under the Tariff will be billed and collected in accordance with Rule 1205. CPA will consider a request from an operator or user of Port facilities that desire direct billing. The operator or user will complete a written application to the Finance Department that includes a demonstration of financial responsibility. Applicants may be required to post and maintain indemnity bonds or other acceptable financial security up to their maximum annual liability as determined by the CPA pursuant to Rule 1300. The CPA reserves the right to suspend or cancel authorization for direct billing previously granted to operators or users who violate any provision of this Tariff.

RULE 1300:  POSTING OF FINANCIAL SECURITY

CPA may require all Port users to post financial security while doing business in Port Canaveral. Users may be given the option of posting an indemnity bond, a cash deposit, or an irrevocable letter of credit enforceable in the United States, collectable in US Dollars, drawn on a bank that is subject to the regulatory and enforcement authority of state and/or federal regulatory authorities, and subject to review and approval by the Finance Department.

All indemnity and payment bonds or letters of credit required to be obtained pursuant to this Tariff shall protect CPA from and against all losses, costs, damages, expenses or injury incurred and sustained by CPA due to: (a) failure of the user to pay to CPA, when due, any and all Tariff or other charges that have accrued at Port Canaveral (whether relating to the furnishing of services or materials to the user, its principals, agents, servants, or employees; or, due to injury to property of Port Canaveral; or, stemming from the use of Port Canaveral and its facilities by the user, its principals, agents, servants or employees; or otherwise); or (b) non- compliance by the user, its principals, agents, servants or employees with applicable laws, ordinances, rules and regulations of the federal, state and local governmental units or agencies (including but not limited to the terms and provisions of all procedures and policies of CPA), as amended from time to time; or (c) any act, omission, negligence or misconduct of user, its principals, agents, servants or employees in Port Canaveral (whether causing injury to persons or otherwise).

In the event that CPA utilizes the security for any reason outlined herein, then user will be required to replenish the security in the same or increased amount and in a timeframe established by the Port Director.

RULE 1305:      INSURANCE AND INDEMNITY REQUIREMENTS

Addendum A includes insurance requirements for users. Addendum A is incorporated herein by reference is an integral part of this Tariff. Users of CPA’s facilities are responsible for having knowledge of its existence and content and are required to adhere to its provisions.

CPA, its employees, agents, and servants shall not be liable for any injury loss or damage to any person or property from any cause of whatsoever nature, unless such loss or damage is caused by the negligence of CPA. All vessels, their owners, employees, invitees, charterers, and agents, and all other users of CPA’s facilities shall save and hold CPA harmless and indemnify CPA against any liability for any injury or death, to any person or persons or damage to property (including, but not limited to, expenses related to repairing or replacing CPA’s facilities) arising from any acts, omission, neglect or default of vessels, their owners, employees, invitees, charterers, and agents, and all other users of CPA’s facilities. The obligation described in this paragraph shall not only cover the losses and damages assessed or incurred by CPA, but also such costs and expenses related to preparing for litigation or settling or disposing of threats of litigation, including, but not limited to, attorney’s fees, appellate attorney’s fees, expert witness fees, evidence retention fees, court costs, and all other such costs and expenses incurred in preparation for trial or appeal such as printing briefs and exhibits. Nothing stated within this paragraph shall be deemed to exculpate or relieve CPA from liability from the negligent acts of CPA.

RULE 1310:      LIABILITY FOR LOSS OR DAMAGE

CPA shall not be responsible for personal injuries, death, loss or damage to freight or property of others occurring on its property or facilities in the absence of negligence on the part of the CPA.

The CPA does not generally provide services for handling cargo or processing cruise vessel passengers and shall not be responsible for any injury to persons arising from services provided by franchised and/or permitted entities, tenants, Port users or other contracted or independent third-party service providers at Port Canaveral except in instances where injury results from negligence of the CPA.

RULE 1315:      PERMITS TO OPERATE

No person, company, corporation, or other business entity as described in the designated categories as set forth in this Rule may operate at Port Canaveral without first obtaining from the CPA a permit authorizing such activity. Exempt from permit requirements are 1) those entities whose sole function on the Port is to fulfill the requirements of U.S. government regulatory agencies; 2) CPA approved and retained vendors, their subcontractors, and suppliers, while performing tasks called for while under their contract with the CPA; and

3) governmental entities. The following rules and regulations governing licensing are issued pursuant to Article IV of the Charter for the Canaveral Port District. These rules and regulations are promulgated to establish a standard licensing procedure by which the CPA can exercise its lawful control of the orderly development of port operations. Obtaining a Permit to Operate to do business at Port Canaveral does not entitle the holder of the permit to access restricted areas, land, offices, other Port facilities or guaranteed business opportunities, etc. The permit only allows the holder to conduct business at Port Canaveral subject to the rules, conditions, limitations, and requirements of this Tariff. See Addendum C for contact information.

The rates and charges published in this Tariff do not include any amounts for insurance coverage. Insurance required by the owner and/or consignee of cargo to protect their respective interests shall be carried by the owner and/or consignee.

The phrase “Required Policy” means each policy of insurance required to be maintained by user under the terms of this Tariff. Each Required Policy must be placed in writing by a company or companies satisfactory to CPA but in all events by a company or companies having a current A.M. Best Company General Policyholders Rating of A+ or A and with an A.M. Best Company Financial Rating of not less than VI (or similar rating by a comparable service selected by CPA should A.M. Best Company cease providing such ratings) and be licensed to do business in Florida or, if the aforesaid is not available, by a company qualified to do business as a non- admitted insurer in Florida under current Florida surplus lines requirements.

All persons or companies leasing CPA property and/or conducting business operations on CPA owned land, in accordance with a Permit to Operate granted by CPA, shall be required to provide evidence of insurance coverage. Such insurance must name Canaveral Port Authority as an additional insured and provide waiver of subrogation in favor of CPA on commercial general liability and any excess policies (at no expense to CPA) but in no event shall the insurance provide coverage to CPA for cargo loss or damage as described within 46

A. F.R. § 525.2(a)(1) that is caused by CPA’s negligence. A certificate of such insurance or certified copy of the insurance policy must be provided to the Finance and Risk Management Department and kept up to date in full force and continuous effect throughout the lease, permit or franchise period. The acceptance and/or approval of the company’s ‘insurance shall not be construed as relieving the company from any liability or obligation arising out of the work performed by said company.

Insurance requirements and exceptions are authorized by CPA Policy POL-2016-001-RSK-3 – Insurance Requirements.

MINIMUM INSURANCE REQUIREMENTS FOR ALL USERS

Except as otherwise provided in any written agreement between the user and the CPA, every user of CPA property must comply with the following insurance requirements:

(a)    Commercial General Liability Insurance:

Coverage shall include, as a minimum: Premises Operations, Products and Completed Operations, Contractual Liability, Personal Injury Liability, Broad Form Property Damage. The Canaveral Port Authority as an additional insured and contain an endorsement waiving all rights of subrogation against the CPA and their respective agents and employees. The minimum limits acceptable shall be listed in the below chart.

(b)    Worker’s Compensation and Employer‘s Liability: User must maintain Worker’s Compensation Insurance to protect against claims under Florida Worker’s Compensation laws, as well as, all Federal Acts applicable to user’s operations on CPA property, including but not limited to U.S. Longshoremen and Harborworkers Act, Jones Act and Federal Employers’ Liability Act (F.E.L.A.). The limit of liability for such coverage must at least meet applicable statutory requirements and Alternate Employer endorsement for the CPA must be included in each policy. Additionally, each policy must contain an endorsement waiving all rights of subrogation against the CPA and their respective agents and employees.

User must maintain Employers’ Liability (EL) Insurance for personal injury, bodily injury, or death to any employee of user who may bring a claim outside the scope of Florida Worker’s Compensation laws or Federal Acts applicable to user’s operations on Port Canaveral property. This insurance must contain all endorsements necessary to cover maritime operation and, where applicable, stevedore and longshore operations, including original admiralty benefits and damages under the Jones Act and benefits and damages under the U.S. Longshoremen and Harborworkers Act. Additionally, each policy must contain Alternate Employer endorsement for the CPA and an endorsement waiving all rights of subrogation against the CPA and their respective agents and employees.

(c)     Automobile Insurance: User must maintain Automobile Liability Insurance coverage on all its owned, non-owned, rented or hired vehicles used for commercial purposes that enter Port Canaveral. Each policy with respect to commercial vehicles must contain an endorsement waiving all rights of subrogation against CPA and their respective agents and employees.

(d)    Umbrella/Excess Liability Insurance: User may carry Umbrella/Excess Liability Insurance that contains a follow form provision to meet coverage requirements. The Canaveral Port Authority (CPA) reserves the right to request Umbrella/Excess Liability Insurance based on the scope and complexity of a user’s operation. Such policy must name the Canaveral Port Authority as an additional insured and contain an endorsement waiving all rights of subrogation against the CPA and their respective agents and employees.

(e)    Waiver of Subrogation: The user agrees to waive any and all rights of recovery, claims, actions or causes of action against the other, its agents, officers and employees for any injury, death, loss or damage that may occur to any Person or CPA property, or any personal property of such party on CPA, by reason of fire, windstorm, earthquake, flood or any other risks, or any other cause which is insured under the insurance policy or policies that either party is required to provide or maintain under this Tariff, to the extent and only to the extent of any proceeds actually received by CPA or user, respectively, with respect thereto, regardless of cause or origin, including negligence of either party hereto, its agents, officers or employees, and each party covenants that no insurer will hold any right of subrogation against the other. If such waiver is not obtained, the party failing to do so indemnifies the other party for any claim by an insurance carrier arising out of subrogation.

ADDITIONAL INSURANCE REQUIREMENTS

Except as otherwise provided in any written agreement, the CPA reserves the right to request additional insurance coverage based on the nature, scope, and complexity of the user’s operations. This may include but is not limited to:

(a)    Liquor Liability Insurance: If user is engaged in any way in the sale of alcoholic beverages, either for consumption or sale of alcoholic beverages on CPA property.

(b)    Garage Keeper’s Liability Insurance: If user is engaged in any way in the performance of automobile valet services.

(c)     Protection & Indemnity Insurance: If user operates a vessel calling at Port Canaveral, user must maintain Protection and Indemnity (P&I) Insurance Coverage in form and substance acceptable to CPA.

(d)    Stevedore’s Legal Liability Insurance: If user is engaged in any way in the performance of stevedore services and/or operations on or in connection with CPA’s facilities.

(e)    Longshore and Harborworkers Insurance: If user is engaged in any way in the performance of stevedore services and/or operations on or in connection with CPA’s facilities.

(f)      Terminal Operators Liability Insurance: If user is engaged in any way as an operator of Terminal Facilities on or in connection with CPA’s facilities.