Purpose and Reason:
There are two sets of regulations governing the use of the Port of Davisville (the “Port”), 880-RICR-00-00-02, the Rules and Regulations for the Use of the Port of Davisville, Rhode Island, USA Marine Terminals and Associated Facilities (the “Rules”) and 880-RICR-00-003, the Terminal Tariff Schedule (the “Tariff Schedule”). The Rules are intended to outline the policies and procedures for use of the Port by outside entities, and to outline the Quonset Development Corporation’s (“QDC’s”) powers and responsibilities for enforcement. The Tariff Schedule is intended to outline the fees for use of the Port by outside entities, as well as any penalties for misconduct.
QDC identified several instances where policies related to the use of the Port existed in the Tariff Schedule, when they more properly belonged in the Rules. Several of the amendments to this regulation seek to solve this issue by removing language from the Tariff Schedule and adding the same language to the Rules. Examples of this include the provisions related to access to information, hours of operation and holidays, arrangement for and use of berths, and failure to depart berths.
Other revisions to the regulation are intended to clarify existing procedures, including:
• Addition of new definitions.
• Reorganization of existing policies and procedures for ease of use.
• Removal of duplicate policies.
• Addition of Juneteenth (June 19th) as a holiday pursuant to the new State law.
• Outlining of the process for obtaining a Port of Davisville Identification Card.
• Adding clarity as to who is responsible for paying Port Security Charges, which have always been required of all users, but which was not previously explicitly outlined in the Rules.
• Adding clarity to the Safe Crane Operations policy.
The regulation has also been revised to add language requiring adherence to a “Code of Conduct” for Port users, which is to be published on QDC’s website. Due to the unique nature of the Port users, the vast majority of the individuals within the Port at any given time are not employees of QDC. Given this, QDC feels it is necessary to establish a “Code of Conduct” for such individuals, so that if any visitor or customer is acting in an unsafe manner, QDC staff will have the authority to remove such individuals from the Port facilities. One revision to the regulation adds a penalty for the failure of a vessel to show at a designated berth. Failure to show without cancellation results in a loss of revenue for QDC, and this policy seeks to limit such occurrences. A section on Crane Usage and Operation has been added to the regulation. QDC has two cranes that are available for rental by Port users, and there were previously no policies regarding the use and operation of these crane assets.
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Comment(s) Received*