FT PAL 8001-E (Cancels FT PAL 8001 - D) PADUCAH & LOUISVILLE RAILWAY, INC. FREIGHT TARIFF PAL 8001-E (Cancels Freight Tariff PAL 8001-D) NAMING CHARGES, RULES AND REGULATIONS GOVERNING SWITCHING AND TERMINAL SERVICES APPLYING AT STATIONS ON THE PADUCAH & LOUISVILLE RAILWAY, INC. TERMINAL CHARGES AND GENERAL RULES TARIFF Governed, except as otherwise provided herein, by Uniform Freight Classification (UFC) as provided in Item 5. This tariff is also applicable on intrastate traffic. ISSUED: August 11, 2011 EFFECTIVE: September 1, 2011 ISSUED BY Larry Davis Vice President Sales & Marketing 1500 Kentucky Ave. Paducah, KY 42003 TABLE OF CONTENTS GENERAL APPLICATION DESCRIPTION OF GOVERNING CLASSIFICATION APPLICATION OF INCREASES STATION LIST AND CONDITIONS REFERENCE TO TARIFFS, ITEMS, NOTES, RULES, ETC. TERMINAL OR TRANSIT PRIVILEGES OR SERVICES CONSECUTIVE NUMBERS METHOD OF CANCELLING ITEMS EXPLOSIVES, DANGEROUS ARTICLES APPLICATION OF SWITCHING CHARGES CARRIER LIABILITY – LOSS AND DAMAGE TO LADING GENERAL LIABILITY RESTRICTIONS LOSS OR DAMAGE VERIFICATION AND DISPOSITION PROVISIONS CLAIMS CARMACK LIABILITY FREIGHT LOSS AND DAMAGES LAWSUITS SEALS CARS ORDERED AND NOT USED RECEIPT OR DELIVERY OF FREIGHT RECEIPT OR DELIVERY OF FREIGHT RECEIPT OR DELIVERY OF FREIGHT BASIS FOR COMPUTING LENGTH OF CARS SECURITY DEPOSITS FOR PAYMENT OF DEMURRAGE AND OTHER ACCESSORIAL CHARGES “ORDER NOTIFY”SHIPMENTS CARS LOADED IMPROPERLY OR IN EXCESS OF MAXIMUM LOAD LIMIT PAYMENT OF CHARGES MAXIMUM ALLOWABLE GROSS WEIGHT ON RAIL ERROR IN BILLING FREIGHT BY SHIPPER MISLOADING OF RAILCARS DEDUCTION FOR SHRINKAGE SHIPPING INSTRUCTIONS CHARGES FOR CARS WITH MORE THAN FOUR AXLES CHARGE FOR USE OF SPECIAL EQUIPMENT IN SWITCHING MOVEMENT CHARGES FOR ARTICULATED CARS CHARGES ON LOADED CARS HELD FOR INSTRUCTIONS OR CANCELLED BILLING REQUESTS FOR CARS FOR LOADING RECIPROCAL SWITCHING CHARGES RECIPROCAL SWITCHING LIST OF INDUSTRIES AND ASSIGNED SIDINGS ABSORPTION OF CONNECTION RAILROAD SWITCHING CHARGES INTERTERMINAL SWITCHING CHARGE INTRATERMINAL, INTRAPLANT, INTERMEDIATE AND MISCELLANEOUS SWITCHING FURNISHING OF DEDICATED FREIGHT TRAIN SERVICE FURNISHING EXTRA TRAIN SERVICE TRANSIT PRIVILEGES TRANSIT PRIVILEGES FT PAL 8001-E ITEM PAGE 1 5 8 10 20 25 40 75 100 105 108 108 108 108 108 108 108 108 110 115 120 125 130 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 6 6 6 6 6 7 7 7 135 7 140 145 155 157 160 162 165 167 170 175 180 190 198 200, 205, 210 220 230, 250 260 280 8 8 8 9 9 9 9 9 9 10 10 10 10 10, 11 11 11 11 12 290, 300, 317, 325 12 350 360 370 374 12 13 13 13 1 RATE APPLICATION CUSTODY AND POSSESSION DIVERSION OR RECONSIGNMENT WEIGHT AGREEMENTS WEIGHING AND REWEIGHING RETURN CHARGES ON CHEMICALS – PADUCAH OR MADISONVILLE, KY RETURN CHARGES ON CHEMICALS – LOUISVILLE, KY INTERCHANGE ERROR MOVEMENTS SET BACK CHARGES ON RECONSIGNED CARS SUPPLEMENTAL FREIGHT BILL SERVICES TRANSPORTATION OF EMPTY RAILCARS EXPLANATION OF ABBREVIATIONS EXPLANATION OF REFERENCES FT PAL 8001-E 375 385 400 405 410 600 601 650 700 900 1000 20 23 13 13 13 14 14 14 14 15 15 15 15 16 16 2 GENERAL APPLICATION – ITEM 1 Provisions contained in this tariff apply only on standard carload traffic and will not apply to movements of locomotives, oversized rail equipment, maintenance of way equipment, or high and wide loads requiring clearance. This tariff does not apply independently, but applies in connection with any and all rates and charges, either in tariff form or contained in contracts in which the Paducah & Louisville Railway, Inc. is a participant. Except as otherwise provided herein, should provisions of other tariffs conflict with the provisions in this tariff, the provisions of this tariff shall supersede and govern. Should provisions in contracts in which the Paducah & Louisville Railway, Inc. is a participant conflict with the provisions of this tariff; the contract provisions shall supersede and govern. If the commodity involved is Bituminous Coal (STCC 11 212 90), the provisions of FT PAL 4000-series, when in conflict with provisions in this tariff, shall supersede and govern. DESCRIPTION OF GOVERNING CLASSIFICATION – ITEM 5 The term “Uniform Classification” when used herein, means Tariff UFC 6000 Series. APPLICATION OF INCREASES – ITEM 8 Except as otherwise provided in connection with rates and charges, rates and charges in this tariff are subject to increase upon twenty (20) days notice. STATION LIST AND CONDITIONS – ITEM 10 This tariff is governed by Tariff OPSL 6000 Series to the extent shown below: PREPAY REQUIREMENTS AND STATION CONDITIONS For additions and abandonments of stations, and, except as otherwise shown herein, for prepay requirements, changes in names of stations, restrictions as to acceptance or delivery of freight, and changes in station facilities. When a station is abandoned as of a date specified in the above named tariff, the rates from and to such station as published in this tariff are inapplicable on and after that date. GEOGRAPHICAL LIST OF STATIONS For geographical locations of stations referred to in this tariff by station numbers. STATION NUMBERS For the identification of stations when stations are shown or referred to by numbers in this tariff. REFERENCE TO TARIFFS, ITEMS, NOTES, RULES, ETC. – ITEM 20 (a) (b) Where reference is made in this tariff to tariffs, items, notes, rules, etc., such references are continuous and include supplements to and successive issues of such tariffs and reissues of such items, notes, rules, etc. Where reference is made in this tariff to another tariff by number, such reference applies also to such tariff to the extent it may be applicable on intrastate traffic or traffic to, from or through Canada. TERMINAL OR TRANSIT PRIVILEGES OR SERVICES – ITEM 25 In the absence of specific provisions in this tariff to the contrary, shipments transported under this tariff will be entitled to such allowances and privileges and subject to such rules, regulations and additional charges of participating carriers performing the services as are provided in tariffs, lawfully in effect relating to car services, demurrage, diversions, inspections, mileage or private cars, reconsigning, storage, switching, weighing or other terminal or transit privileges or requirements. (See EXCEPTION) EXCEPTION – Where switching service is performed on traffic moving under line-haul rates which are subject to special detention charges and rules, the switching charges provided in this tariff will be subject to the same detention charges and rules as applicable in connection with the line- haul rates. This exception will only apply in connection with special detention rules or charges that result in an overall increase to the rules or charges contained in the applicable demurrage tariff. FT PAL 8001-E 3 CONSECUTIVE NUMBERS – ITEM 40 Where consecutive numbers are represented in this tariff by the first and last numbers connected by the word “to” or a hyphen, they will be understood to include both of the numbers shown. If the first number only bears a reference mark, such reference mark also applies to the last number shown and to all numbers between the first and last numbers. METHOD OF CANCELLING ITEMS – ITEM 75 As pages in this tariff are revised, numbered items with letter suffixes cancel correspondingly numbered items on the original page or on a prior revised page. Letter suffixes will be used in alphabetical, sequence, starting with A. For example: Item 365-A cancels Item 365 and Item 365-B cancels 365-A. EXPLOSIVES, DANGEROUS ARTICLES – ITEM 100 For rules and regulations governing the transportation of explosives and other dangerous articles by freight, also specifications for shipping containers and restrictions governing the acceptance and transportation of explosives and other dangerous articles, see Tariff BOE 6000-Series. APPLICATION OF SWITCHING CHARGES – ITEM 105 (a) (b) (c) (d) (e) (f) (g) Switching charges, unless otherwise specified, cover the handling of loaded cars in one direction and empty the other. If the cars are loaded in both directions, the published switching charge will be assessed for each loaded movement. For any other movement of empty cars, the provisions of Item 1000-series shall apply. No switching charge will be assessed by this railroad for switching service performed by this railroad at destination on carload freight arriving via this railroad and delivered direct to industries, assigned sidings or team tracks reached by and/or connecting with this railroad or on carload freight at origin received direct from industries, assigned sidings or team tracks reached by and/or connecting with this railroad and forwarded via this railroad. This railroad is not obligated to furnish equipment for the handling of traffic in local switching movements, nor does it engage in the business of local switching between private or assigned sidings, or other facilities, including interchange tracks at any point named herein except at its convenience and as an accommodation. When such service is performed, the charges published herein will be applied. The absorbed switching charge applicable, whether absorbed in whole or in part, is the charge in effect on the date of the actual physical interchange of the loaded car. (Provisions of this paragraph apply to absorbed switching charges on either transit or non- transit shipments.) When shipments transported by this railroad in a switch movement, because of weight or length, require two or more cars, charges will be assessed on actual weight, but not less than the 60,000 pounds for each car used. Rates and charges do not apply on scrap automobile bodies, crushed flat, loose or in bundles, loaded on flat cars. Reciprocal switching charges published in this tariff will not apply on shipments of railroad company material when moving on non-revenue billing. CARRIER LIABILITY - LOSS AND DAMAGE TO LADING – ITEM 108 The following liability provisions will apply unless PAL and shipper agree in writing to different liability provisions: GENERAL: (a) On domestic moves that originate in the United States of America, shipper may, at their option, select freight loss and damage liability provisions set forth in 49 U.S.C.A, Section 11706 (Carmack) as explained in this Item. If 49 U.S.C.A. Section (Carmack) is not selected, the liability provision of this item will govern. (b) The shipper agrees to indemnify and hold harmless the rail carriers from any loss, damage, personal injuries or death resulting from the shipper’s failure to comply with the provisions contained herein. Acceptance of a shipment by the rail carriers for transportation shall not be considered as a waiver of shipper’s liability. (c) On shipments intended for export from the United States of America, rail carriers will not be liable for charges such as brokerage fees, fines, penalties, foreign marine or foreign country freight charges, import duties or other such charges on cargo that is lost, damaged or delayed in domestic transportation. (d) Cargo Loss and Damage any loss or damage(s) that arise out of shipments that are delayed in transit are limited to the specific amount of actual cargo loss or damage occurring to product. FT PAL 8001-E 4 LIABILITY RESTRICTIONS: (a) The rail carrier/party in possession will be liable as at common law except as provided herein. (b) Rail carrier’s liability will not exceed the actual amount of physical loss or damage sustained to the cargo plus any costs incurred through efforts to mitigate the loss or damage. Rail carriers will not be liable for special damages, consequential damages, indirect loss or punitive damages arising from loss, damage, suspected contamination, or delay to cargo, nor will rail carriers be liable for any losses attributable to fluctuation in the market value of the cargo. Furthermore, rail carriers will not be liable for any losses, direct or indirect, which result from an interruption of rail service, nor do rail carriers guarantee rail service on any scheduled time frame. Rail carriers will not be responsible for interest or attorney fees. (c) PAL and its connecting United States and Canadian rail carriers are not liable for loss or damages occurring in Mexico. Unlocated loss or damages from international land transport shipments that do not break bulk or are not visibly checked at U.S.A. / Canadian entry/embarkation points are excluded from liability coverage and claims may be subject to compromise or declination unless clear and convincing evidence exists that damage occurred during the U.S.A./Canadian rail transport. (d) Unless amended by written agreement prior to shipment, rail carrier’s liability for the contents of any rail car will be limited to the actual value of the cargo or $50,000.00, whichever is the lesser of the two amounts. (e) Claims or lawsuits for less than $250.00 shall not be filed and no claim shall be paid if the amount of the loss or damage is found to be under $250.00 per shipment. (f) In the event of an act or omission of any party involved in the transportation process; (shipper, rail carriers, receiver) is not the sole cause but contributes to any loss or damage, each party will be liable for only that portion of the loss or damage caused by its negligence. (g) Rail carriers are not liable for temperature, corrosion or humidity related losses unless mechanical protective service is requested, paid for and carrier owned or leased equipment is used. (h) Rail carriers are not liable for loss or damage caused by defective equipment when such equipment is not owned, or leased by rail carriers. (i) Cargo loss and damage claims presented to the PAL will be resolved for the account of all domestic U.S.A. and Canadian rail carriers, while in this country, involved in transportation of shipments moving under the provisions of this publication, unless a connecting rail carriers tariff or agreement provides for more limited liability in which case the more limited liability provision will govern. (j) Rail Carriers will not be liable for more than $250.00 per car load for the amount of internal revenue taxes paid or determined and customs duties paid on distilled spirits, wines, and beer previously withdrawn from bond, which were lost, rendered unmarketable or condemned by a duly authorized official by reason of fire, flood, casualty or breakage, destruction or other damage (but not including theft) resulting from vandalism or malicious mischief, if such damage or disaster occurred in the United States of America, and if such distilled spirits, wines or beer were held and intended for sale at the time of such disaster or other damage. LOSS OR DAMAGE VERIFICATION AND DISPOSITION PROVISIONS: (a) Rail carriers have the right to inspect, weigh or reject shipments at origin, en route or at destination for noncompliance with the provisions contained in the applicable publications. (b) Rail carriers reserve the right to inspect damaged cargo. As a condition precedent to payment of any claims against carriers for loss or damage, the consignee must within twenty-four (24) hours of shipment’s arrival, notify the destination carrier, shipper and PAL, if PAL is not the destination carrier, of any claimed damage and allow destination carrier or its agent to inspect. (c) Failure of the rail carriers to inspect damaged cargo, for whatever reason, will not relieve the burden of the claiming party to establish that cargo was received in a damaged condition nor will it be considered an admission of liability by the rail carrier. (d) Shipper and/or consignee must mitigate damage by accepting the damaged cargo unless it is totally worthless and is without salvage value. Shipper and/or consignee may not abandon damaged or partially damaged shipments to the rail carrier when the damaged shipments retain any value. Product that is abandoned to the rail carriers in an undamaged condition shall be sold for account of the beneficial owner and salvage proceeds only, less any salvaging expenses incurred, shall be remitted to the beneficial owner. CLAIMS: (a) (b) As a condition precedent to payment of a claim, claims must be filed in writing to Freight Claims Administration, 1500 Kentucky Avenue, Paducah, KY 42003 or FAX (270) 444-4397 within nine (9) months of the delivery date or in the event of non-delivery, within nine (9) months of the expected delivery date. Such communication shall comply with the minimum requirements contained in 49 C.F.R. 1005.2(b). Claims may only be submitted by the beneficial owner or a party to the transportation agreement. In addition to the requirements of 49 C.F.R. 1005.2(b), all written claims must include the following documentation: (1) A demand for payment of a specific amount, with a statement of the formula or basis on which the damages are calculated, plus documentation to support the calculation. FT PAL 8001-E 5 (2) (3) (4) (5) (6) (7) (8) Information identifying the rail shipment including equipment initials and numbers, shipper and receiver’s names, notify party’s name, shipping date and commodity. Origin records or certification as to the condition and quantity of the cargo at the time tendered to the origin rail carrier. If shortage is involved, origin seal records must be furnished. Destination records as to the condition and quantity of the cargo at the time received from the destination rail carrier. If shortage is involved, destination seal records must be furnished. Verification of the amount claimed such as certified invoices or repair bills. Evidence as to the disposition of the damaged cargo. Evidence that shipment was loaded in compliance with the provisions herein. Carrier reserves the right to summarily deny any and all claims submitted that does not contain all or part of the aforementioned documentation. PAL will not consider any claim from cargo contamination unless the above minimum standards are met. CARMACK LIABILITY: 49 U.S.C. Section 11706 provides for full value liability and other liability terms for the rail carriers and the shipper. To make a shipment pursuant to the terms of 49 U.S.C. Section 11706, the shipper must comply with all of the following provisions: (a) Shipper must notify rail carrier no less and seventy-two (72) hours before the rail car is released for transportation that the shipper chooses Carmack Liability protection. (b) The shipper must have prepaid the Carmack Liability rate obtained from PAL’s Marketing Department. (c) The shipping instructions are subject to a specific pricing authority, which shall be specifically noted. (d) Carmack liability coverage is not available for shipments that originate in Mexico. FREIGHT LOSS AND DAMAGES LAWSUITS: All lawsuits must be filed within eighteen (18) months from the actual loss or damage or in the event of non-delivery from the expected date of delivery by rail carrier. SEALS: It is the sole responsibility of the shipper to determine the type of protection necessary to protect the cargo, including but not limited to the use of seals and security devices. PAL does not apply or determine if seals or security devices are appropriate or adequate, except in the case of contamination (see paragraphs below). Nor does PAL, in all cases, inspect shipments for seal integrity. In the event that a seal or a security device is broken, or missing, the absence or breach of a seal will not create a presumption of contamination or theft without actual physical evidence. Documentation of the application of seals or security devices at origin is the responsibility of the shipper and the seal number(s) must be included on the bill of lading or shipping instructions and in any claim application. For PAL to consider a claim for contamination of cargo the shipment must be sealed by the actual shipper or its agent. The minimum seal will be a barrier type seal meeting American Society for Testing and Materials (ASTM) standards, a cable seal 1/8 inch in diameter, a high security bolt seal, or its equivalent. All seals utilized by the shipper will be sequentially numbered and recorded on the bill of lading or shipping instructions. The shipper will maintain for one year a record of the date and time of the application of seal, and the identity of the person applying the seal. CARS ORDERED AND NOT USED – ITEM 110 If an empty car is ordered for loading and the service of switching and placing it has been performed and the car is not loaded, the published intraterminal switching charge will be assessed against the person, firm or corporation ordering such car. (See NOTE 1.) NOTE 1 – In the event a car is rejected account not suitable for loading, this item will not apply if party ordering the car advises this railroad of rejection and condition that caused car to be rejected within twenty-four (24) hours exclusive of Saturday, Sundays and holidays, after actual placement. These provisions will also apply in connection with cars held on constructive placement on shipper-owned or leased tracks. In connection with firms that perform their own switching, switching charge will not apply if cars are rejected account not suitable for loading. (See EXCEPTION.) EXCEPTION – Applies only in connection with railroad- owned equipment. RECEIPT OR DELIVERY OF FREIGHT – ITEM 115 (a) Except as otherwise provided in Paragraph (c) or in other tariffs, cars of freight moving at carload rates, including switching rates, will be delivered on and removed from privately owned or leased tracks near and connecting with this railroad’s tracks without additional charge, provided there are no conditions which make it unsafe for this railroad’s locomotives to operate over such tracks or that prevent this railroad from receiving or delivering cars at FT PAL 8001-E 6 (b) (c) (d) (e) (f) its ordinary operating convenience. Except as otherwise provided in Paragraph (c) such cars will be received and delivered at loading and unloading locations on tracks designated by the industry within the facility without additional charge when that service can be performed in continuous movement at this railroad’s ordinary operating convenience, and provided this railroad’s locomotives can safely operate over such tracks. When receipt or delivery of a car or cars cannot be accomplished in continuous movement at this railroad’s ordinary operating convenience because of any condition caused by the industry, this railroad will arrange for receipt or delivery as follows: (1) If it appears that the delay will be of a temporary nature, the locomotive will be held at the nearest available location and the service completed when conditions permit. When such delay to this railroad’s locomotive exceeds 30 minutes, the charge in Item 120 will apply. (2) If, after a period of delay, the condition preventing completion of service has not been eliminated, this railroad may, at its option, withdraw its locomotive and place any car or cars on available track inside or outside the facility. When such delay encountered prior to withdrawal of the locomotive exceeds 30 minutes, the charge in Item 120 will apply to the period of delay. Subsequent movement by this railroad of any car or cars held because of such withdrawal will be subject to the charge in Item 125. “Continuous movement” means a movement between this railroad’s tracks and the location of receipt or delivery within the facility without any delay due to a condition of which the industry is responsible. “Ordinary operating convenience” means the time of arrival of this railroad’s locomotive and contemplates only one switch per day except when additional switches are made by this railroad at its sole option. Any other switching service on request of the industry is not “ordinary operating convenience”. The following operations when performed as incidents to the placement or removal of loaded cars moving at carload rates do not break “continuous movement” or exceed this railroad’s ordinary operating convenience or constitute a condition caused by or for which the industry is responsible. (1) The removal and replacement of empty, partially unloaded, partially loaded or loaded cars incidental to the placement or removal of other cars. (2) Classifying or sorting cars on industry or railroad tracks. (3) The service of securing weights required by this railroad for billing purposes regardless of the ownership of the scale. (4) Delay resulting from the cooperation of another railroad on industry tracks. (5) The holding of cars on industry tracks indefinitely for instructions from the industry when such holding is at the sole option of this railroad. (6) The holding of cars on tracks of this railroad for instructions from the industry. (7) Operations necessary to provide a service under a separate tariff charge. RECEIPT OR DELIVERY OF FREIGHT – ITEM 120 Where reference is made to this item in Item 115, the charge is $50.00 for each five minutes or fraction thereof after the first 30 minutes of delay. The time of the delay will be measured from the minute the conductor determines that the industry is unable to accept service. RECEIPT OR DELIVERY OF FREIGHT – ITEM 125 [I] Where reference is made to this item in Item 115, the charge is $350.00 per car. BASIS FOR COMPUTING LENGTH OF CARS – ITEM 130 Except as otherwise provided, the length of cars referred to in this tariff is based on platform measurement of flat cars and inside measurement of all other cars. SECURITY DEPOSITS FOR PAYMENT OF DEMURRAGE AND OTHER ACCESSORIAL CHARGES – ITEM 135 A security deposit to insure payment of any demurrage, detention, storage or other accessorial charges that may accrue will be required from any consignor, consignee, beneficial owner, or other responsible parties, hereafter referred to as customer who fails to pay demurrage, detention, storage or other accessorial charges after specific written demand referring to this tariff provision. This railroad will give the customer 10 days’ written notice before the provisions of this item are invoked. The deposit must be paid in cash, certified check, cashier’s check or money order before any freight car is delivered to such customer for loading or unloading. The minimum deposit for each freight car will be the average amount of demurrage, detention, storage or other accessorial FT PAL 8001-E 7 charges outstanding at the time this tariff provision is invoked against the customer. The maximum amount of deposit will be determined by this railroad’s credit office through other alternative forms of security. The credit office may waive the minimum deposit per car by accepting a revolving deposit of $1,000 to $10,000 based on traffic volume. The deposit will be held in a noninterest bearing escrow account to guarantee payment of and to be applied against any demurrage, detention, storage or other accessorial charges which may accrue since the implementation of the security deposit arrangement. This railroad will refund the deposit or balance of the deposit within 30 days after notification by its agents that the equipment has been released to this railroad. Any demurrage, detention, storage or other accessorial charges will be deducted from the deposit before any refunds are made. The deposit or balance of the deposit may be transferable to another freight car to cover charges incurred since the implementation of the security deposit arrangement. Security deposits will no longer be required after the customer has paid all outstanding demurrage, detention, storage and other accessorial charges and has given assurance in writing to the satisfaction of this railroad’s credit office that future demurrage, detention, storage and other accessorial charges will be paid within the credit period. “ORDER”, “ORDER NOTIFY” SHIPMENTS ITEM 140 [C] PAL does not provide Order/Notify service. Bills of lading or shipping instructions tendered to PAL in the form of an order/notify bill of lading will be handled as straight bills of lading. Instructions to the effect of requiring PAL to not complete delivery of a shipment until either securing authorization for delivery from the shipper or some other party, surrender of the bill of lading or notification by PAL to the shipper or some other party shall have no effect and be void regardless of whether such instructions are contained in a straight or an order/notify bill of lading; and PAL shall have no liability for delivering a shipment to the consignee listed in the bill of lading in such circumstances. CARS LOADED IMPROPERLY OR IN EXCESS OF MAXIMUM LOAD LIMIT – ITEM 145 [C] (a) (b) (c) (d) (e) Carload freight must be loaded in conformity with Association of American Railroads’ Closed Car and Open Top rules. Carload freight must not exceed the maximum load limit stenciled on cars or the gross weight of car cannot be in excess of the track weight limit at any point along the route of movement. Cars found to be overloaded or improperly loaded while on the tracks of PAL, or cars interchanged from PAL to another carrier which are returned to PAL because such cars are overloaded or improperly loaded, will either be returned to the shipper for adjustment, or placed at a location suitable for adjusting the load, the location of which will be at the discretion of PAL. Improperly and/or overloaded cars will be subject to a charge of $500 per car in addition to any applicable freight, switching, weighing, demurrage and or storage charges. Cars covered by this item will be subject to PAL demurrage rules and charges, and no free time or credits will be allowed. Demurrage will begin upon notification to customer of overloaded or improperly loaded condition, or placement of the car at the location for adjustment of the car, whichever occurs last. Cars found to be overloaded or improperly loaded at a loading point served by PAL will not be moved until the load has been adjusted. Demurrage will continue until the car is released and accepted by PAL. No additional free time will be allowed. All arrangements and costs for load adjustment shall be the responsibility of the shipper. 72 hours after notification to the shipper if no instructions or arrangements have been made by the shipper to have the load adjusted/reduced, PAL may, at its discretion, have the load adjusted. All costs for load adjustment will be billed to the shipper by PAL. Any applicable freight, switching, weighing and demurrage charges will apply. PAYMENT OF CHARGES – ITEM 155 Shipper or consignee shall be liable for payments of the transportation charges accruing on a shipment and nothing herein shall limit the right of PAL to require at time of shipment the repayment or guarantee of charges. Shipper will pay PAL if shipment is prepaid, or be responsible for payment if shipment is made collect, and pay immediately upon presentation of a bill unless credit has been granted by PAL. If shipper or consignee has established credit with PAL, the PAL’s credit terms and conditions will supersede any prepayment or payment upon demand requirement. If transportation charges have not been prepaid, or shipper or consignee has not entered into an agreement for credit, PAL shall not make delivery of the shipment without payment or guarantee by shipper or consignee of all charges. Placement of equipment by PAL under credit agreement for loading shall be deemed acceptance of shipment for the purpose of incurring freight charges under a credit agreement. Acceptance of shipment by consignee or beneficial owner shall be deemed acceptance of responsibility for payment of all charges accruing on the shipment, including, but not limited to demurrage and switching services performed at destination. Such payment shall be in U.S. dollars. FT PAL 8001-E 8 MAXIMUM ALLOWABLE GROSS WEIGHT ON RAIL – ITEM 157 PAL will provide switching and transportation services for loaded cars with a maximum gross weight on rail not exceeding 286,000 lbs., with the exception of Southern States Co-op at milepost 47, Elizabethtown KY, where the maximum gross weight on rails allowable is 263,000 lbs ERROR IN BILLING FREIGHT BY SHIPPER – ITEM 160 If a car is tendered to carrier for shipment and after the line-haul transportation commences it is discovered that through error of the shipper the car is empty, freight charges will be assessed from origin to point at which car is discovered to be empty. (In the absence of a through rate, charges to be assessed for account of this railroad will be those provided for in Item 1000-series of this tariff). Cars of other than railroad ownership shall not be subject to payment of mileage allowances. MISLOADING OF RAILCARS – ITEM 162 If a car is supplied to a customer for loading by a carrier connecting to PAL, and such car is loaded in line haul service via a carrier other than the carrier supplying the car, customer will be charged a misloading fee of $350.00. DEDUCTION FOR SHRINKAGE – ITEM 165 This railroad will NOT be responsible for loss due to natural shrinkage and/or difference between origin and destination weight except where loss results from defective equipment and such defect is directly attributable to the carriers, such as a derailment. Claims will be adjusted by carriers in accordance with the law that governs. In case of a disputed claim, the records of both the claimant and the carrier shall be available to both parties. SHIPPING INSTRUCTIONS – ITEM 167 [C] SHIPMENTS BILLED ON PAL: (a) All shipping instructions must be submitted by the Consignor or person acting on Consignor's behalf using PAL's internet web site, www.palrr.com, or via previously agreed-upon means of Electronic Data Interchange. Consignors may make arrangements directly with third party logistics services providers to submit shipping instructions on their behalf via the same methods. PAL will accept shipping instructions via telefacsimile at its Customer Service Center, 270-444-4347, subject to a $50.00 charge per faxed bill of lading. PAL reserves the right to reject as an unreasonable request for service, any "Fax" shipping instructions that are illegible, whether due to poor transmission quality, poor or illegible handwriting, or otherwise. PAL will not accept delivery of shipping instructions by US Mail, express service, personal delivery, or otherwise. Shipping instructions must contain all the information necessary to transport the shipment to its final destination. Required information includes, but is not limited to: Car initial and number, shipper, origin, destination, consignee, route, commodity, standard commodity code, and payee (party responsible for the freight charges). Failure to provide all required information may subject the shipment to delay, detention, switching and/or storage charges. Charges for "Fax" shipping instructions do not apply to hazardous waste, United States Government shipments, or voids and corrections. All shipments received and accepted are transported subject to all applicable circulars, tariffs, contracts, price quotations, and the terms of the Uniform Straight Bill of Lading. INTERLINE RECEIVED SHIPMENTS BILLED ON CARRIERS OTHER THAN PAL: (b) In the case of shipments terminating on PAL and originating on a railroad connecting directly or indirectly to PAL, it is the responsibility of the consignor to provide complete shipping instructions to the originating carrier to effect accurate delivery and billing. Shipping instructions must contain all the information necessary to transport the shipment to its final destination. Required information includes, but is not limited to: Car initial and number, shipper, origin, destination, consignee, route, commodity, standard commodity code, and payee (party responsible for the freight charges). Failure to provide all required information will subject the shipment to delay until complete information is received. Cars held for complete instructions will be subject to detention charges of $25 per day, or fraction thereof, and may be subject to additional switching charges. CHARGES FOR CARS WITH MORE THAN FOUR AXLES – ITEM 170 Charges for intraplant, intraterminal or interterminal switching will be confined to cars having no more than four (4) axles. When FT PAL 8001-E 9 cars with more than four (4) axles are found in intraplant, intraterminal or interterminal service, the charges for such service will be 200 percent of that shown herein for the same service applicable on cars with four (4) axles. CHARGE FOR USE OF SPECIAL EQUIPMENT IN SWITCHING MOVEMENT – ITEM 175 (a) (b) On shipments that are both loaded and unloaded within the same switching district, the switching rates and charges in this tariff apply only when ordinary equipment is used. When other than ordinary equipment is used, such rates and charges will apply subject to an additional charge of $250 per car, which accrues entirely to the PAL (See EXCEPTION). The term “ordinary equipment” as used in this item means: (1) Flat cars not exceeding 54 feet in length and having marked capacity not greater than 180,000 pounds but not including flat cars of any length equipped with racks, frames, bulkheads, tie down devices, hoods or other appurtenances extending above the deck of the car nor on special type flat cars with mechanical designations, “FD”, “FG”, “FW”, “FM” as listed under the heading of Heavy Capacity and Special Type Flat Cars in Tariff RER 6414-Series. (2) Gondola cars having marked capacity not greater than 180,000 pounds; but not including gondola cars of any length equipped with covers, hoods, containers or cradle floors. (3) On moves of Ferrous Scrap, ordinary equipment means gondola cars of any size other than equipped with covers, hoods, containers or cradle floors. (4) Open top hopper cars not exceeding 60 feet in length, inside measurement, or having marked capacity not exceeding 180,000 pounds. (5) Cars other than described as ordinary equipment in Paragraph 1 to 4, owned or leased by shipper or consignee. EXCEPTION – When other than ordinary equipment, as defined above, is furnished for carrier’s convenience, the additional charge specified in this item will not apply. CHARGES FOR ARTICULATED CARS – ITEM 180 On movements of articulated cars (two or more units permanently or temporarily joined together), the switching charges published in this tariff will apply separately to each unit of the articulated equipment. CHARGES ON CARS HELD FOR INSTRUCTIONS OR CANCELLED BILLING – ITEM 190 [C] [I] In the absence of specific provisions to the contrary, the following will apply: (a) When on shipper’s order loaded cars are removed from industry or team track and held by this railroad awaiting billing instruction, the move will be subject to a “pull and hold” charge of $500 per car, and the car will remain on continuous demurrage until billing instructions are received. (b) When on shipper’s order, a shipment described in paragraph (a) is returned from whence it came, the return move will be subject to an intraterminal or interterminal switching charge, as the case may be, and the car will remain on continuous demurrage. (c) Pull and hold service” is provided at PAL’s discretion, subject to availability of sufficient capacity to hold such cars. (d) “When, after billing instructions are submitted, cars are removed by PAL from industry or team track and prior to departure from origin station are subsequently ordered back to the original industry or team track, the intraterminal, or interterminal switching charge, as the case may be, will be assessed for the movement of the car in each direction, the car will remain on continuous demurrage in the demurrage account of the party in whose name the car was ordered for loading, and a billing cancellation charge of $150 per bill of lading will apply. REQUESTS FOR CARS FOR LOADING – ITEM 198 In connection with services for which a charge is provided in this tariff, all requests for cars for loading must be submitted to this railroad. This railroad reserves the right to furnish cars so ordered from its fleet, whether leased or owned or with cars readily available, this railroad shall order cars from the designated roadhaul carrier. RECIPROCAL SWITCHING CHARGES – ITEM 200 (a) (b) (c) Provisions contained herein apply only on standard carload traffic and will not apply to movements of locomotives, oversized rail equipment, maintenance of way equipment or high and wide loads requiring clearance. Items 205 and 210 contain reciprocal switching charges applicable at stations on this railroad. Reciprocal switching is hereby defined as a switching movement between private or assigned sidings or team FT PAL 8001-E 10 tracks named in items 230 and 250 and interchange tracks with connecting lines on shipments originating at or destined to points beyond the switching limits of the station at which the switching movement is performed. (Charges in dollars per car, except as noted) ITEM STATION 205 Louisville, KY 210 Paducah, KY BETWEEN CONNECTIONS WITH LIRC CSXT NS INRD BNSF CN CHARGE $390 $356 $500 $398 $390 $390 RECIPROCAL SWITCHING – ITEM 220 [C] (a) (b) (c) (d) Except as otherwise provided in this item, the provisions of this item apply only in connection with items 200, 205, and 210. The switching limits are hereby defined as the industries and assigned sidings listed in this item. Except as provided in Paragraph (d), any industry or assigned siding not listed in the list of industries in items 230 and 250 is closed to reciprocal switching. When firms and industries are referred to by name in this tariff, the switching charges and other provisions will continue to apply although such firms or industries may undergo a change in name or ownership, provided there is no change in location or general character of business engaged in. ITEM 230 STATION Louisville, KY [C] 250 Paducah, KY [C] INDUSTRY OR ASSIGNED SIDING Momentive Specialty Chemicals Brown-Forman (Early Times Division) Cone Solvents, Inc. Consolidated Grain CO Freedom Metals Florida Distillers CO Hicks Equipment CO Home Supply Co Mid America Rail Truck Transfer (MARTTS) Parker Commercial Storage Modern Concrete Products Brenntag Mid South Parallel Products Cole Lumber Company ** Federal Materials Koppers Company Long Concrete Ind. Paducah-McCracken County Riverport* Wyatt Bell Lumber Co ** Wyatt Bell Lumber Co ** ADDRESS Camp Ground Rd. 1908 Howard St. 3601 Ralph Ave. 1047 South 15 Street 1225 South 15 Street 3290 South 7th Street 3980 Cane Run Road 3720 7th Street Road 2610 Millers Lane 2900 South 7th St. Road 2323 Ralph Ave 3900 Tucker Road 1620 Bernheim Lane 1035 Division 2425 Wayne Sullivan Drive 1400 Blow Ave 1001 Estelle St 2000 Meyers 715 Park Ave 9th & Finley * Open to reciprocal switching only on shipments of STCC 0113XXX, 0114X XX, 0115XXX. ** Open to reciprocal switching only on shipments of STCC 241XXXX, 242XXXX, 243XXXX, 24991XX, and 24993XX. ABSORPTION OF CONNECTION RAILROAD SWITCHING CHARGES – ITEM 260 (a) (b) When this tariff provides that switching charges of connecting railroads will be absorbed, the meaning is that this railroad will pay out of its road haul revenue the lawfully published switching charges of the connecting railroads subject to the limitations in this section. Where the tariff or contract containing the applicable line haul rate publishes provisions governing the absorption FT PAL 8001-E 11 (c) (d) (e) (f) of switching charges that are in conflict with the provisions of this section, those provisions will take precedence. Except as otherwise provided in this item, this railroad WILL NOT ABSORB the switching charges of connecting railroads. Except as otherwise specifically provided in this item, this railroad WILL NOT ABSORB the switching charges of an intermediate switching railroad used to effect interchange with another switching railroad with which this railroad maintains a direct interchange at the same station or switching district. Where under the provisions of this item, switching charges are not absorbed; such charges will be assessed in addition to all other applicable charges. Where under the provisions of this section, switching charges are absorbed not exceeding a specified maximum, any charges in excess of such maximum will be assessed in addition to all other applicable charges. INTERTERMINAL SWITCHING CHARGE – ITEM 280 Interterminal switching is hereby defined as a switching movement between private or assigned sidings or team tracks reached by this railroad and interchange tracks with a connecting line on a shipment both loaded and unloaded within the switching limits, and on which no line haul service is performed by this railroad or a connecting line. The charge for this service is $500 per car. INTRATERMINAL, INTRAPLANT, INTERMEDIATE AND MISCELLANEOUS SWITCHING – ITEM 290 [C] [I] Intraplant switching is hereby defined as a switching movement from one location at an industry or assigned siding to another location at the same industry or assigned siding where the service can be performed without leaving the assigned siding or industry tracks. Intraterminal switching is hereby defined as a switching movement, other than intraplant switching, from an industry or assigned siding or team track within a station on this railroad but not to or from interchange with a connecting railroad. No charge will be made for a single intraplant switch movement of an empty private car between an industry’s storage tracks and an industry’s loading, inspection, repair or cleaning tracks. The term “intermediate switching” is defined as the movement of a car in switching service from the interchange with one railroad to the interchange with another railroad within the same station or switching limits. The only intermediate switch service provided is as described in item 325. (Charges in Dollars per Car, except as noted) ITEM 300 ITEM STATIONS IN KENTUCKY All INTRATERMINAL CHARGES $390 INTRA PLANT CHARGES $275 INTERMEDIATE SWITCH AND Connection with CHARGES STATIONS IN KENTUCKY BETWEEN Paducah CN BNSF $250 per loaded or empty car, each direction Louisville NS LIRC $175 per loaded or empty car, each direction 325 FURNISHING OF DEDICATED FREIGHT TRAIN SERVICE – ITEM 350 [C] This railroad will furnish dedicated freight train service between any two points on this railroad, either as a local movement or as a portion of a joint line movement. (a) when required by tariff provisions, or (b) when required by directive of a federal or state agency, or (c) when requested by consignor or consignee (or the agent of either) and subject to this railroad’s convenience. When such service is to be provided on request (see (c) above), such request must be made in writing (or orally and confirmed in writing) must include consist, date and time of movement routing and any other information and instructions pertinent to the movement and must be given in time to permit this railroad to make necessary arrangements for the movement, including the assembly of equipment and personnel. The charge for this service is $70 per mile for the distance over the actual route of movement on this railroad subject to a minimum of 110 miles in addition to applicable freight charges on the commodities transported and any other applicable charges. If a movement involves more than one origin point and/or more than one destination point on this railroad, each movement from one such point to the next such point will be considered a separate service. In providing dedicated freight train service, this railroad reserves the right to handle other shipments in the course of providing such service. FT PAL 8001-E 12 FURNISHING EXTRA TRAIN SERVICE – ITEM 360 [I] Upon specific request of the shipper or consignee, PAL will operate extra train service, which is defined as service requested by the shipper or consignee at a time or date other than the scheduled regular service. Charges will be assessed against the party requesting the service according to the following circumstances: (a) $300 per hour or fraction thereof but not less than $600 for each extra service, provided the service is performed by a regular switching assignment. (b) $300 per hour or fraction thereof but not less than $2800 if the extra service must be performed by an extra switching assignment. TRANSIT PRIVILEGES – ITEM 370 Subject to the provisions of Items 375 through 385, shipments of synthetic plastics, other than liquid, in privately owned or leased covered hopper cars, acetic acid or synthetic plastics, liquid, in privately owned or leased tank cars, “caustic soda (sodium hydroxide), in tank cars, propylene, in tank cars”, or vinyl chloride monomer, in tank cars originating at Calvert, Kentucky, may be stopped in transit on private tracks (see Note 1) at Paducah, Kentucky, (see Note 2) for storage, but not unloading, and then reshipped to points beyond which the through rates from point of origin to final destination apply via the transit point. Note 1 - Private track means a privately owned or leased track located on privately owned or leased property. Note 2 - For the purpose of transit, Paducah, Kentucky, may be considered as located at its present geographical location or at Calvert, Kentucky. TRANSIT PRIVILEGES – ITEM 374 Subject to the provisions of Items 375 through 385, shipments of synthetic plastics, other than liquid, in privately-owned or leased covered hopper cars, originating at Calvert, KY, may be stopped in transit on private tracks (see Note 1) at Madisonville, KY, for storage, but not for unloading, and then reshipped to points beyond to which the through rates from point of origin to final destination apply via the transit point. Note 1: “Private track” means a privately-owned or leased track located on privately-owned or leased property. RATE APPLICATION – ITEM 375 Inbound shipments will be billed to the transit station at the rate applicable to the transit station. If not prepaid, charges must be collected at the transit station. When a shipment is re-forwarded from the transit station, the shipment will be billed at the through rate in effect from the original origin to the final destination on the day the shipment moves outbound from the transit station. The aforementioned rate was charged to the transit station shall serve as the transit charge. CUSTODY AND POSSESSION – ITEM 385 While shipments are stored in cars on private tracks under this arrangement, their custody and possession as between carrier, consignee or owner shall be that of consignee or owner. DIVERSION OR RECONSIGNMENT – ITEM 400 [C] One diversion or reconsignment will be allowed on a shipment received on the tracks of the PAL, provided no previous diversion or reconsignment has taken place on the same shipment, subject to the following conditions: (a) (b) (c) (d) (e) (f) (g) Definition – A single change in name of consignor or consignee, and/or a single change in destination or place of delivery a destination, and/or a change in route. Diversion or reconsignment may be made only at a point intermediate between interchange with line haul carrier and origin or original destination. The rate to be used will be the through rate from point of origin to final destination, subject to the rate from point of origin to diversion point, or from diversion point to final destination, whichever is higher, as a minimum. Diversion or reconsignment will only be accorded when order is place with an authorized agent of the PAL prior to arrival of car at destination and in time to permit instructions to be relayed to yard personnel. The charge for diversion or reconsignment shall be $200 per car. The original bill of lading should be surrendered or other proof of ownership established. A request for diversion or reconsignment must be made or confirmed in writing, and an order for diversion or reconsignment which specifies that through rate is to protected will not be construed as obligating carriers to protect other than the lawful rate and charges under these rules. FT PAL 8001-E 13 (h) (i) (j) (k) When an order for diversion or reconsignment requires the application of a rate and/or route which cannot lawfully be applied via the point at which the diversion or reconsignment is made, prompt notice shall be given to the party requesting the diversion or reconsignment. When delivery to consignee cannot be accomplished due to gross weight of car and contents exceeding carrier’s track limitations, no charge will be assessed for the diversion or reconsignment of shipment. Except as otherwise provided in this item, no reconsigning charge will be made on shipments of lumber or articles taking lumber rates or arbitraries over lumber rates, no charge will be made when order is placed, prior to receipt of car in interchange, with any authorized representative of this line, as outlined in paragraph B of this item, directly by consignor, consignee or owner, and where the only change is in the name of the consignor or consignee (or both, provided change is requested under one order). This exception will not apply if shipment under a prior order while in possession of this line or its connections has been accorded a change in the name of the consignor or consignee without a charge being made for such change. A release order charge of $50 will be assessed when a representative of this line must contact consignor, consignee, or owner of shipments of lumber or articles taking lumber rates or arbitraries as described in paragraph L, by phone or otherwise, for disposition. WEIGHT AGREEMENTS – ITEM 405 (a) (b) (c) When consignor’s or consignee’s weights are accepted and applied by the PAL under weight agreements, freight will not be reweighed excepts as provided in Item 410. When weight agreements are in force at both origin and destination, weight determined at origin will be used for assessment of freight charges on prepaid shipments and weight determined will be used for assessment of freight charges on collect shipments. When the PAL is origin road haul carrier and a shipment requires ascertainment of weight at origin by reason of consignor’s weight agreement, consignor must furnish weight to the PAL by midnight of the third day following the day that the car which contains the shipment is released loaded. Weight must be furnish in writing or confirmed in writing. If weight is furnished by U.S. Mail, post mark will govern. After the time period specified above has elapsed, a charge of $50 per car per day or fraction thereof will be assessed against the consignor until such weight is furnished. When the PAL is destination road haul carrier and a shipment requires ascertainment of weight at destination by reason of consignee’s weight agreement, consignee must furnish weight to the PAL by midnight of the third day following the day that the car which contained the shipment is released empty, or by the fifth day following placement, whichever date is earlier. Weight must be furnished in writing or confirmed in writing. If weight is furnished by U.S. Mail, post mark will govern. After the time period specified above has elapsed, a charge of $50 per car per day or fraction thereof will be assessed against the consignee until such weight is furnished. WEIGHING AND REWEIGHING – ITEM 410 The charges for weighing or reweighing a car will be as follows: (a) (b) (c) When PAL, in the capacity of a line haul carrier, weighs a car enroute on a track scale of this railroad for the ascertainment of freight charges, there will be no charge assessed. When a car is weighed at the shippers or receivers order at a track scale of this railroad, the charge will be $175 per car if the nearest scale is located at the same station as the origin station of the car, otherwise the charges shall be $400 per car. When weighing or reweighing is performed at shippers or receiver’s orders at a track scale owned by said shipper or receiver the charge will be $175 per car, plus the applicable switch charge. RETURN CHARGES ON CHEMICALS - PADUCAH OR MADISONVILLE, KY – ITEM 600 When a loaded car of chemicals (STCC Codes 28-000-00 through and including STCC 28-999-91) or liquefied petroleum gas (STCC 29-121-90) is tendered to the Paducah & Louisville Railway, Inc. at Calvert, Kentucky, and is transported to Paducah or Madisonville, KY, but not interchanged at that point with a railroad other than the Paducah & Louisville Railway, Inc., and is found to be overloaded or loaded in defective equipment, etc. and for any reason it is directed by Consignor to be returned to their facility at Calvert, Kentucky, the charge for this service shall be $900 per car. RETURN CHARGES ON CHEMICALS-LOUISVILLE, KY – ITEM 601 When a loaded car of chemicals (STCC Codes 28-000-00 through and including STCC 28-999-91) or liquefied petroleum gas (STCC 29-121-90) is tendered to the Paducah & Louisville Railway, Inc. at Calvert, Kentucky, and is transported to Louisville, KY, but not interchanged at that point with a railroad other than the Paducah & Louisville Railway, Inc. and is found to be overloaded or loaded in defective equipment, etc., and for any reason it is directed by Consignor to be returned to their facility at Calvert, Kentucky, the charge for this service shall be $1800 per car. FT PAL 8001-E 14 INTERCHANGE ERROR MOVEMENTS – ITEM 650 [C] [I] (a) (b) Cars, loaded or empty, received by PAL in error, or without forwarding instructions from the delivering carrier, will be returned to the delivering carrier or forwarded to the proper carrier within the same switching district at a charge of $250 per car (See Exception). Charge will be assessed against the delivering carrier. Exception: When in connection with the CN at PAL station of Paducah, KY, the charge will be $435 per car. Loaded cars destined to stations on the PAL, or for subsequent movement and interchange to other connecting carriers, delivered to the PAL at the improper junction (based on the route applicable for protecting the appropriate rate or charge assess for account of patron), will be subject to a charge of $500.00 per car for returning the car to the delivering carrier, or at PAL’s sole option, moving the car to the final destination or proper interchange point with the connecting carrier. This charge will be assessed against the delivering carrier and will not, in any way, alter or affect the normal interline freight settlement between carriers as stipulated in the appropriate Association of American Railroads Railway Accounting Rules. SET BACK CHARGES ON RECONSIGNED CARS – ITEM 700 [C] When a loaded railcar of either private or railroad ownership is received in interchange by this railroad and is subsequently ordered to be reconsigned or diverted (before leaving the interchange point), to a new destination where this railroad will not act in the capacity of a line haul carrier in the route, then a charge of $200.00 per car shall be assessed for the service of returning the car to the designated railroad. This charge shall be in addition to any charges provided in Item 400 of this tariff. SUPPLEMENTAL FREIGHT BILL SERVICES – ITEM 900 PAL will furnish a self-contained individual freight bill for each collectible shipment originating or terminating at stations served by PAL. On each freight bill tendered, carrier will indicate customer’s bill of lading number and date (when so shown by customer). Customers requesting a copy of the bill of lading be furnished with each freight bill generated by the Paducah & Louisville Railway will be assessed a charge of $50.00 for each copy in order to cover the cost of this service. Said charge is in addition to the applicable freight charges. The charge for the bill of lading copy will be shown as an accessorial charge in the “advances” column of the freight bill. TRANSPORTATION OF EMPTY RAILCARS – ITEM 1000 Transportation rates published in tariffs, special quotes or contracts by PAL or by another railroad that interchanges with PAL, include the movement of empty railcars on PAL via reverse route to the point of loading or interchange with another carrier either immediately prior to or immediately subsequent to a loaded revenue move, whether privately owned or leased; or railroad owned or leased, subject to the following exceptions: (a) Except as excluded by any specific tariff, special quote or contract. (b) When an empty railcar is returned to Calvert City from a loaded movement which originated at Calvert City, and for which PAL participated as a line haul carrier, customer may direct the car initially to their private storage track at Calvert City or to the facility of Rail Services, Inc. for cleaning, etc., and then order movement of the empty railcar from either the private storage track or Rail Services, Inc. to the customer’s plant for placement for loading, the intermediate movement is free of charge. (c) Cars shipped to/from Rail Services, Inc. other than as noted in (B). (d) Cars containing product residue which exceeds seven percent of the weight of the marked capacity of the car shall be considered a loaded car and will be charged accordingly. FT PAL 8001-E 15 EXPLANATION OF ABBREVIATIONS BOE PAL OPSL RER STB UFC – – – – – – Bureau of Explosives Paducah & Louisville Railway, Inc. Official Railroad Staton List, OPSL 6000-series, Railinc, Agent Official Railway Equipment Register, RER 6413-series, R. E. R. Publishing Corporation, Agent Surface Transportation Board Uniform Freight Classification, UFC 6000-series, National Railroad Freight Committee, Agent EXPLANATION OF REFERENCES [A] – [R] – [NC] – [I] – [C] – [+] – [.] – FT PAL 8001-E Addition. Reduction/Decrease. No Change. Increase. Change in wording, which results in neither increases nor reduction in charge. Applicable on intrastate traffic only. Applicable on interstate traffic only. 16
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