Terminal Tariff Schedule (880-RICR-00-00-3)

A.Scope - The Port of Davisville is operated by the Quonset Development Corporation (QDC), a quasi-public corporation of the State of Rhode Island. The intent of this tariff is to specify charges for authorized parties using or accessing the marine terminals and related properties.

B.The Port of Davisville is subject to the following federal regulations:

1.MTSA Applicable - The Port of Davisville is subject to The Maritime Transportation Security Act, 33 C.F.R. §§ 101,102, 103 (2010). Those vessels subject to the Act are required to interface with the QDC.

2.FTZ Regulations - The Port of Davisville is a Foreign Trade Zone (FTZ) and all persons, goods, and conveyances are subject to search by US Customs & Border Protection Officers 19 U.S.C. § 482 (2002).

3.Facility Security Plan - The Quonset Development Corporation has a Facility Security Plan ("FSP") as required by MTSA, 33 C.F.R. § 105 (2010).

C.Applicability - The rules, regulations, conditions, commodity rates, and/or charges set forth in this schedule apply to or for the following terminal: Port of Davisville.

D.Compliance - The QDC reserves the right to revoke or deny access to the Port of Davisville, or any other facility operated by the QDC, to any person or company who violates these rules and regulations.

E.All such federal, state and municipal laws as applicable.

These rules and regulations concerning the terminal tariff schedule for the Port of Davisville are promulgated by the Quonset Development Corporation in accordance with R.I. Gen. Laws § 42-64.10-6(d).

A.These regulations hereby adopt and incorporate the U.S. Department of Transportation Regulations. 49 C.F.R. § 100-199 (2010), by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.

A.The following Definitions shall apply in this tariff:

1."Currency" means United States Dollars ($USD)

2."Demurrage" means a fee assessed to cargo stored or remaining on site after it has been discharged by a vessel, applied to cargo not covered under ground leases.

3."Dockage" means the charge assessed against a vessel for berthing at the facility, or for mooring to a vessel so berthed.

4."Free time" means the specific period during which cargo may occupy space assigned to it on terminal property free, of demurrage or terminal storage charges, immediately prior to the discharge of such cargo on or off the vessel.

5."Measurement ton" means 40 cubic feet (CFT).

6."Passenger fee" means a fee charged for a passenger debarking, embarking or landing at the QDC facility.

7."Port of Davisville" or "Port" means all marine facilities including controlled berths and associated waterways, as well as associated facilities under the control of the Quonset Development Corporation.  

8."Port Rules" means Rhode Island Regulation 880-RICR-00-00-02.

9."Terminal Tariff Charge” means any assessment, fee, penalty, of other charge listed in this Part.

10."Ton" means 2,000 pounds (LBS) of weight.

a.Metric Ton (MT) means 2,204.6 pounds (LBS) of weight.

b.Short Ton (ST) means 2,000 pounds (LBS) of weight.

11."Wharfage" means a charge assessed against all cargo passing or conveyed over, onto, or under piers, or between vessels (to or from barge, lighter, or water) when berthed at a pier or when moored in slip adjacent to pier. Wharfage is solely the charge for use of pier and does not include charges for any other service.

B.When used, the following abbreviations shall mean:

1.$ or $USD  U.S. Currency (Dollar) 

2.%   Percent or 1/100 of the whole

3.CFT  Cubic Feet

4.FMC   Federal Maritime Commission 

5.GRT   Gross Registered Ton

6.LBS   Pounds

7.LOA   Length Overall

8.NRT   Net Registered Ton

9.QDC  Quonset Development Corporation

A.Access to and use of the Port of Davisville is subject to the rules and requirements set forth in R.I. Reg. 880-RICR-00-00-02.

3.7.1Insurance Not Included

A.The Terminal Tariff Charges provided for herein do not include insurance of any kind, nor will such insurance be covered by the QDC under their policies.

3.7.2Rescinded

3.7.3Payment of Terminal Tariff Charges

A.Arrangement for Services - On each inbound or outbound cargo moving across the Port of Davisville, the responsibility for payment of Terminal Tariff Charges shall rest with those who perform the forwarding functions on such shipments unless other arrangements have been made.

B.Arrangements for Vessels - The responsibility for payment of Terminal Tariff Charges assessed against a vessel shall rest with the local agent and/or owner of such vessel, unless other arrangements have been made.

C.Payment of Invoices - Invoices are due and payable within 10 days from date of invoice. Invoices not paid within 30 days from date of invoice are subject to a 1.5% service charge per month. Credit card payments will be assessed an additional 5% fee, per transaction.

D.Advance Payments - The QDC reserves the right to estimate and collect in advance all charges, which may accrue against vessels or against cargo loaded or discharged by such vessels or from other users, of waterways and port facilities whose credit has not been properly established with the QDC. Use of facilities may be denied or cargo removed from storage until such advance payments or deposits are made.

E.Liens - Presentation of bills to vessels is done as a matter of accommodation and convenience, and shall not constitute a waiver of the lien of charges against the vessel for services or supplies furnished the vessel for which maritime law gives a lien.

F.Responsible Party - The QDC does not recognize the numerous shippers or 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 and agents. Charges when presented must be paid by the ship’s owner or the agent regardless, or when the vessel, its owner, or agents are reimbursed.

G.Application of Payments - The QDC reserves the right to apply any payment received against the oldest outstanding invoice. The carrier, vessel, owner, shipper, receiver, or agent who shall fail to pay any bills when due shall be placed on the delinquent list, conditions of which are defined in § 3.7.3(I) of this Part.

H.Delinquent Payments - All carriers, vessels, owners, agents, or other users of the facilities of the QDC placed on the delinquent list, in accordance with § 3.7.3(H) of this Part, shall be denied by the QDC use of the facilities or the right to remove cargo from storage until all such charges, together with any other charges due, have been paid.

3.8.1Dockage Charges

A.Rates Established – Dockage charges are applicable on all vessels, and the daily rates are set forth in § 3.7.8 of this Part. The rate to be applied to SPVs will be determined by multiplying the Length Overall (LOA) in feet by the rate in dollars and cents per foot. All Non-Self-Propelled vessels shall be charged the same rate for each calendar day at berth, regardless of LOA. Cruise or passenger vessels shall be charged a rate per registered ton per calendar day at berth. The table establishes the dockage charge per calendar day at berth, and the minimum charge for one calendar day. The computation of rates is subject to all of the provisions set forth herein.

B.Billing Period – For all vessels, a period for the purposes of billing is one calendar day, regardless of the amount of time within that day that the vessel is at berth.

C.Extended Dockage – Rates for dockage period in excess of fifteen (15) days will be handled in each case by the Port Director or his or her designee, in advance, upon receipt of a Berth Application as described in the Port Rules.

D.Measurement of Vessel Length – Dockage shall be charged on the overall length of the vessel as shown in the Lloyd’s Register of Shipping. If length is not shown in the Lloyd’s Register, the vessel’s Certificate of Register will be accepted for documenting the vessel length. In all cases, QDC reserves the right to measure any vessel when deemed by it to be necessary and to use such measurements as the basis of the charge. When necessary to measure a vessel, the linear distance in feet shall be determined from the most forward point on the bow of the vessel to the after-most part of the stern of the vessel, measured as parallel to the base line of the vessel.

E.Cancellation Fee – Vessels that are 1) assigned a berth pursuant to the Port Rules; 2) do not cancel or amend their berthing applications more than 48 hours in advance of the scheduled arrival time; and 3) do not arrive within one (1) hour of their scheduled arrival time shall be charged a cancellation fee equal to the dockage charge the vessel would have otherwise paid.

3.8.2Wharfage Charges

A.The wharfage charges set forth in §3.8.8 of this Part shall apply to all cargo handled over the wharfs of the Port and shall be assessed against the consignee or its authorized agents.

3.8.3Demurrage Charges

A.Rates Established - The demurrage charges set forth in §3.8.8 of this Part shall apply to all cargo remaining in or on the Port property and not explicitly covered by tenant lease, after the expiration of free time, unless arrangements have been made for storage:

B.Uncontrolled Delay - In the event of a strike or other uncontrollable occurrence, cargo already on demurrage will remain in that category of demurrage until the situation is rectified. Upon termination of the situation, all cargo will revert to the first category of demurrage.

C.Free Time shall be granted at the discretion of the QDC, and shall not impede any other vessels and/or cargo operations. Free Time shall be allowed according to the following circumstances:

1.Loading

a.Cargo (except automobiles) may be assembled on terminals, without charge for 4 days, exclusive of Saturdays, Sundays, and legal holidays, before the arrival of vessel on which it is to be loaded.

b.Automobiles may be assembled on terminals, without charge for 7 days, exclusive of Saturdays, Sundays, and legal holidays, before the arrival of vessel on which it is to be loaded.

2.Discharging

a.Cargo (except automobiles) unloaded from a vessel may remain on the terminals, without charge for 4 days, exclusive Saturdays, Sundays and legal holidays, from the first 0700 after the vessel has completed discharging its cargo.

b.Automobiles unloaded from a vessel may remain on the terminals, without charge for 7 days, exclusive of Saturdays, Sundays, and legal holidays, from the first 0700 after the vessel has completed discharging its cargo.

3.Cargo

a.Availability of Cargo - In the event the consignee or owner of the cargo should make application for delivery of the cargo, or portion thereof, during the free time period and the terminal should be unable for any reason to make available to the consignee or owner such cargo or portion thereof, the free time shall be extended for a period equal to the terminal's inability to make the cargo available.

b.Undelivered Cargo - Cargo which is undelivered, and remains on the terminal property beyond the expiration of the free time and without regard to any charges prescribed in § 3.8.3 of this Part, may be re-located within the facility or removed to a public warehouse with all expenses and risk of damage charged against the owner, shipper, consignee, or carrier as responsibility may lie. The QDC is to have a lien on all such cargo, including that which may be placed in public storage for all terminal charges accrued.

c.Abandoned Cargo - Cargo remaining on the terminal facility in excess of forty-five (45) days will be considered abandoned and sold to satisfy any terminal charges that might be due to the QDC. Fifteen days prior to such sale, a registered return receipt letter of notice will be mailed to the owner of record. Any amount received beyond the charges due, will be forwarded to the owner of record of the cargo if claimed within one year of mailed notice.

3.8.4Off-shore Service and Construction Vessel Charges

A.Service Operation Vessels (SOVs), Platform Operation Vessels (POVs), Multi-Purpose Supply Vessels (MPSVs), Crew Transfer Vessels (CTVs) and all other vessels servicing offshore installations (collectively, Off-Shore Service and Construction Vessels), shall be assessed dockage fees as set forth in § 3.8.8 of this Part. Off-Shore Service and Construction Vessels shall be assessed by time spent at berth.

B.The charge for Off-Shore Service and Construction Vessels includes security and port operation fees, day/night differential fees, weekday/weekend differential fees and wharfage. Specifically, the loading and offloading of ships stores, supplies, food, equipment, machinery, cargo including containers shall not incur wharfage charges.

C.The Off-Shore Wind Service and Construction Vessel charge does not include use of any QDC-owned crane.

D.Ships’ crew and workers going to and from an offshore installation or construction area shall not be charged a passenger fee.

3.8.5Port Security and Operations Charges

A.Rates Established - All berthing vessels shall be assessed Port Security Charges as forth in § 3.8.8 of this Part

B.Port Security Charges are billed based on length of use of the Port and whether such use occurs on a weekday or a holiday, as defined in the Port Rules. If any portion of a vessels time at Port falls on a weekend day or holiday, the vessel will be billed at the higher rate for the entire time of use.

C.Use of any Port facility outside of the normal business hours, as such hours are defined in § 2.10(B) of this Title shall be assessed an hourly Port Operations Fee as set forth in § 3.8.8 of this Part.

3.8.6Crane Service and Hire

A.Rates Established - The rates for use of QDC-owned cranes shall be assessed as set forth in § 3.8.8 of this Part.

B.QDC Crane Operator - The rate for hiring a QDC crane operator shall be assessed as set forth in § 3.8.8 of this Part.

C.Crane Operator - All firms providing crane service at the Port shall be assessed 10% of gross rentals based on the equipment usage with a minimum charge of $500.00, exclusive of manpower required to operate said equipment, for the privilege of using the QDC property and all such firms will furnish the QDC a monthly report of their activities at the Port for billing purposes. Firms leasing property at the Port from the QDC are excluded from the above charge.

3.8.7Miscellaneous Fees and Service Charges

A.Water - Water will be furnished to vessels at the current rate per thousand gallons of usage as well as a connection charge set forth in § 3.8.8 of this Part, assessed against the agent. These rates and charges are subject to change from time to time by the QDC. Current rates are available on the “Utilities and Infrastructure” page at www.quonset.com.

B.Truck Charges - Loading or unloading of cargo manifested outside the State of Rhode Island shall be assessed as set forth in § 3.8.8 of this Part.

C.Dangerous Cargo - Wharfage and dockage of hazardous materials shall be charged in the same manner as other cargo, except that a minimum charge shall apply as set forth in § 3.8.8 of this Part.

D. Passenger Fees - Passengers embarking or debarking from shore to ship or ship to shore at any stationary structure within the Port, such as a wharf, pier, quay, or landing, shall be assessed as set forth in § 3.8.8 of this Part. Steamship company officials, only when traveling aboard their own ships, are exempt from payment of passenger fees.

E.Spill – A penalty for spills of fluids deemed pollutants will be assessed against the vessel per incident for each violation noted by QDC set forth in § § 3.8.8 of this Part, plus the cost of clean-up by a contractor designated by the U.S. Coast Guard and/or the QDC.

F.Failure to Depart Berth – A penalty for noncompliance with the requirements of a berth assignment, as outlined in the Port Rules, shall be assessed a fee for each hour of noncompliance as set forth in set forth in § 3.8.8 of this Part.

G.Non-Emailed Berth Application – Berth applications that are faxed, hand delivered, or conveyed by any means other than email will be subject to a fee set forth in § 3.8.8 of this Part.

H.Berth Application Amendments – For each amendment to a berth application after the second amendment (i.e. third amendments and any additional amendments) shall be charged a fee as set forth in § 3.8.8 of this Part.

I.Failure to Provide Information – Failure to provide information as required by § 2.10.1(C) of this Title shall result in assessment of a fee set forth in § 3.8.8 of this Part.

3.8.8Terminal Tariff Schedule

A.The rates set forth in the schedule contained herein shall be applicable for Fiscal Year 2025 (beginning on the effective date of this Part), Fiscal Year 2026, and Fiscal Year 2027, as outlined below. Beginning in Fiscal Year 2028 (on July 1, 2027) and for every Fiscal Year thereafter, the rates herein shall increase by the greater of (i) 2.5%; or (ii) the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year. (For example, for the increase due to be effective on July 1, 2027, the change from January 1, 2026 through December 31, 2026 will be used to calculate the increase for the Fiscal Year.) For future years, the rate will be rounded to the nearest ten-cent ($0.10) increment. QDC shall set and publish the new rate schedule prior to the start of each Fiscal Year. QDC, in its sole discretion, may opt out of the fee increase for any Fiscal Year.