Berth assignment is totally at the discretion of the Authority. In the cases of inclement weather, actual or pending, the Authority may refuse to berth a vessel. Unless excepted elsewhere in this tariff, vessels shall submit to the Facility Logistics Department both a signed berth application and the U.S. Coast Guard mandated Notice of Arrival, along with the following documents:
- Certificate that all cargo compartments are free of insect infestation and objectionable order, and are clean and dry, and fit for cargo, issued by the United States Department of Agriculture, when applicable.
- Certificate of readiness in all compartments issued by a representative of the National Cargo Bureau, Inc.
- Evidence to the effect that the vessel has been tendered to and accepted by the charterer.
- Evidence to the effect that the vessel has been entered at United States Customs.
- A copy of the vessel stowage plan (subject in all events to the approval of the master).
The above documents are subject to renewal at facility's option if vessel has not commenced loading or unloading within seven days from acceptance of original signed application for berth and Notice of Arrival (NOA).
The elevator operator, in its sole discretion, may change the turn of vessels in berth or waiting to berth when confronted by an urgent need to receive or ship a particular grade or type of cargo, to facilitate condition at the dock; or when the elevator operator determines that there is not on hand in the elevator stocks of the proper quantity or grade of the cargo to load the vessel without delay to the vessel or to the elevator. Any vessel ordered to vacate a berth for any of the foregoing reasons will return to berth after the vessel loading or unloading immediately thereafter, if any, completes loading or unloading or vacates the berth for other reasons, provided the aforesaid circumstances requiring the vessel to vacate the berth are found by the elevator operator no longer to exist.
The elevator operator, in its sole discretion reserves the right to require continuous loading or unloading of the cargo by vessels through twenty-four hours per day, and may require vessel to work overtime at vessel's expense.
Any vessel then in berth which refuses to work overtime shall vacate the berth on order of the elevator operator. A vessel losing its right to berth by refusal to work overtime shall lose its turn in favor of the next vessel that is willing to work overtime, which vessel shall retain the berth so long as it is willing to work successive straight time and overtime periods until loading or unloading is completed. The vessel so losing its turn shall be entitled to the berth first available thereafter, subject to the same overtime provisions set forth above if the circumstances requiring overtime work are then found to exist by the elevator operator.
Assignment of berth and dockage charges are predicated upon vessel's continuous readiness to load or unload the cargo at full normal rate throughout the entire time in berth. Should vessel, while in berth, fail to maintain such continuous readiness, vessel shall vacate the berth on order of the elevator operator.