| REGULATION OF EXPLORATION OF THE ORGANIZED PORT OF ITAJAÍ |
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I - OBJECT 1 - The object of the present regulation is the establishment of basic rules for the functioning of the organized port of Itajaí that will have to be obeyed by those who exert its activities in the scope of the installations under direct management of the Port Authority.
2 - To the installations of privative and public use under private administration they will be applied, in that to fit, the disposals of the present regulation.
II - THE DEFINITIONS
1 - In the terms of Law 8,630/93 it is considered:
a) ORGANIZED PORT: constructed and equipped to take care of the necessities of navigation and the movement and storage of merchandises, granted or explored by the Union whose traffic and port operations are under the jurisdiction of a Port Authority;
b) PORT OPERATION: moviment/storing of merchandises destined or proceeding of aquatic transports located in the port organized by port operators;
c) PORT OPERATOR: the Administration of the Organized Port and the legal entity qualified daily pay for the port execution in the area of the organized port;
d) AREA Of the ORGANIZED PORT: the port installations, which are, anchorages, dock berths, wharf, bridge and pier of mooring and docking, land, warehouses, constructions and way of internal circulation, bordering areas with the port infrastructure that through managing plans of development, comes to be considered with priority for the expansion and development of the port, as well as, the infra structure of protection and water access to the port, such as guide-chains, break-seas, canal locks, canals, basins of evolution and areas of anchor that they must be kept by the Port Administration ;
e) PORT INSTALLATION OF PRIVATIVE USE: the explored one for legal entity of public law or private, inside or the area of the port, duly authorized, for the competent agencies, used in the movements or storage of merchandises destined or proceeding from water transport.
III - ABILITY OF THE AGENCIES AND THE INTERVENING AGENTS IN THE FUNCTIONING OF THE PORT
1. OF THE PORT AUTHORITY (ADMINISTRATION OF THE PORT OR ANOTHER CONCESSIONAIRE)
1.1 In the terms of Law 8,630/93, the Port Administration is exerted directly by the Union or the concessionaire of the organized port;
1.2 It competes inside to the Administration of the Port of the limits of the area of the port:
a) to fulfill the laws, the regulations of the service and the clauses of the concession contract;
b) to assure to the commerce and the navigation, the joy of the decurrent advantages of improvements and equipment of the port;
c) daily pay-to characterize the port operators;
d) to fix the values and to collect the port tariff;
f) to give to the technician administrative support and to Advice of Port Authority and the Personnel Department,
g) to fiscalize the execution or to execute construction workmanships, remodels, magnifying, improvement and conservation of the port installations, understanding the infrastructure of protection and water access to the port;
h) to fiscalize the port operations, watching over, so that the services will be done with regularity, efficiency, security and respecting the environment;
i) to adopt the requested measures for the other authorities in the port, the scope of the respective abilities;
j) to organize and prescribed the guard port, in order to provide the monitoring and the security with the port;
l) to promote the removal of boats or hooves of boats that can harm the navigation of the boats that have access at the port;
m) to authorize, previously listen to the other authorities of the port, the entrance and exit, also the mooring and unmooring, anchor and the traffic of boats of the port, as well as, the load movement of the related boat, excepted the intervention of the maritime authority in the movement considered with priority in assistance situations and rescue of boat;
n) to suspend, in the terms of the law, port operations that harm the good functioning of the port, excepted the aspects of interest of the responsible maritime authority for the security of the water traffic;
o) to cultivate infraction files of legal documents and to restore administrative proceedings, applying the penalties foreseen in law, excepted the legal aspects of ability of the Union of supplementary form, for the facts that will be investigated and judged jointly;
p) to unassign themselves of the works and to exert other attributions that will be committed to them by the Advice of Port Authority;
q) to establish the schedule of functioning of the port, as well as, the hours of working in the wharf of public use;
r) under the coordination of the Maritime Authority:
1) to establish, to keep and to operate the airway lighting of the canal of access and the basin of evolution of the port;
2) to delimit the anchorage areas, anchor for load and discharge, of sanitary inspection and maritime policy, as well as, destined the platforms and other boats special, ships in repair or waiting mooring and ships of inflammable or explosive loads;
3) to establish and to divulge the been silent one maximum of operation of the ships, in function of the effected bathymetric surveys under its responsibility;
4) to establish and to divulge rude the transport and the maximum dimensions of the ships, that will go to pass through, in function of the limitations and physical characteristics of the wharf of the port maximum.
s) under coordination of the customs authority:
1) to delimit the area of port customs payment;
2) to organize and to signal the flows of merchandises, vehicles, units of loads and people in the area of the port.
t) To lease , through licitations, lands and installations always located inside of the area of the port, for use does not affect the port operations, since that previously consulted the Advice of Port Authority and the Customs Administration.
2 - MARITIME AUTHORITY
The Maritime, responsible Authority for the security of the traffic, can intervine to assure to the ships of the Navy of Brazil the priority for mooring in the port.
3 - CUSTOMS AUTHORITY
3.1 The Customs Authority, in the organized ports, will be exerted in the terms of the specific legislation.
3.2 In the exercise of its attributions, the Customs Authority will have exempts access to any dependences of the Port and the brought alongside boats or not, as well as, to the places where if they find merchandises originating the destined exterior , being able, to judge themselves necessary, to request papers, the books or documents, also appealing to the support of public force.
IV - THE ORGANIZED PORT
1 - AREA OF THE ORGANIZED PORT
1.1 The area of the organized port of Itajaí delimited for the Ministry of the Transports, is constituted:
a) For the existing terrestrial installations in the right edge of the river Itajaí-Açú, since the beginning of the south pier until the extremity northwest of the commercial, together wharf to the ridge of existing protection the sum of the port, enclosing all the wharf, dock berths, bridges, piers of mooring and docking, the lands along of these bands delinquents and in its adjacencies, pertaining to the Union, incorporated or not to the patrimony of the Port of Itajaí or under its guard and responsibility.
b) For the infra structure of protection and water accesses, the areas of anchors, basins of evolution, adjacent canal of access and areas to these until the edges of the terrestrial installations of the organized port, as defined in the item "a" of this governmental decree, existing or that they come to be constructed and kept for the Administration of the Port or agency of the Public Power.
V - SCHEDULE OF FUNCTIONING OF THE ORGANIZED PORT
1 - The schedule of functioning in the organized port of Itajaí, as well as, the hours of working in the wharf of public use, will be fixed through instruction lowered by the Itajai Port Administrator , after homologation of the Advice of Port Authority.
2 - With intention to surpass problems of congestion in the Port, the Port Administration will be able to establish, in transitory character, the obligatoriness of the ship to work with the maximum number of tender admitted by the loading plan.
VI - THE PORT INSTALLATIONS
1 - GENERAL CONDITIONS OF USE
1.1 The use of the port installations of the organized port of Itajaí, will become the form in the conditions established in this Regulation, observed the ability of the Maritime Authority and Customs Authority.
1.2 All that to use the port installations will receive from the Administration of the Port treatment without preference, guided for the objective to get the rationalization and the optimization of its use.
1.3 The use of the port installations will be authorized by the Port Administration in front of solicitation of the shipowner or chairman, port operator, owner or consignee of the merchandise, as the case, and will be repaid with the payment to the Port Administration of the pertinent, constant port taxes of the fee of the port, homologated by the Advice of Port Authority.
1.4 For the services requested to the Port Administration , inside the areas of the organized port, the interested party will have to give pledge anticipatedly as a guarantee form.
1.5 The pledge could be in form of current currency or banking bail, contracted in financial institutions of first line.
1.6 Except in "the landed" case of, no service will be executed by the Port Administration without previous solicitation, and formulated by the interested parties or documents equivalents prepayment or guarantee of liquidation, of which had values, by means of pledge stipulated in item 4 of this chapter.
1.7 The negligent wing user will be private to use the services of the port, directly or for intermediary of others.
1.8 For the prescribed legal consequences that fit to the requisitantes the integral responsibility, civil, criminal, for its action or omissions, also of its respective representatives in the limits of the mandate.
1.9 To the end of the operation, the value deposited in current currency the heading of guarantee for the requested services, will be abated of the final value of the invoice emitted by the Port Administration , when the greater or the complementary collection will be provided the restitution of paid values, in this case, in the stated period of 5 five days in any of the hypotheses, excepted the kept contracts of credit between the Port Itajai Administration , operators ports and other users.
1.10 In the hypothesis to occur an increase or a readjust of the tariff during the requested operation, is guaranteed the collection for the tariff contracted originally until the amount of load or service enclosed for the previous deposit.
2 - USE OF THE INSTALLATIONS OF WATER ACCESS
2.1 The use of the area of anchor, canal of access and basin of evolution, for the boats in demand to the port and of its traffic in the related installations, it will be authorized by the Port Administration , in accordance with the terms and conditions of this Regulation and previous hearing of the Maritime, Customs Authorities, Sanitary and of Maritime Policy.
2.2 Except in case of "landed" the authorization solicitation of the shipowner or its agent will be given by means of, having to be supplied with antecedence of 72 (seventy and two) hours, the Acknowledgment of Fond of the Ship that will have to enclose the following information:
a) name of the boat;
b) flag under which it sails;
c) nature of the navigation;
d) last port of origin and next port to destination;
e) name, address of the responsible agency of the boat and the payment of the port taxes;
f) characteristic of the boats:
1) length between perpendiculars and mouth;
2) ton of rude transport, ton of rude register and liquid ton of register;
3) been silent of foreseen entrance and silenced of exit (nose and poop);
g) nature of the operation;
h) load relation detailed signed for responsible of the boat or the chairman and copy of the load manifest;
i) number of passengers on board when deal with mixing ships;
j) foreseen dates of arrived and departure;
l) any known irregularity that can affect the security of the navigation or that it can come to harm the efficient use of the port installations;
2.3 The operations of entrance and exit of boats are of exclusive ability of the piloting of the bar and the port of Itajaí and regulated by the Port administration of the State of Santa Catarina.
2.4 The movement of merchandises in boat anchored in operation of overflow, will only be authorized with the previous consent of the Customs Authority, will be in proper area, defined for such end for the Port Administration , in coordination with Maritime Authority.
3 - USE OF THE ACOS INSTALLATIONS
3.1 GENERAL CONDITIONS
a) It is obligator concession of mooring in place assigned for the Port Administration , since that previously requested and authorized for the competent agencies.
b) the boats originating the exterior will be visited by the Authorities of Health, Maritime and Customs Policy, in the anchorages or the wharf of mooring, in order to speed the release of the boats, for beginning of the operations of load and/or discharge of merchandises and embarkment and/or landing of passengers.
c) the boats, during the time where to remain in the area of anchor or come alongside in the wharf, as well as, its members of the crew, are citizens to the present Regulation.
d) the boats brought alongside to the wharf will have to fulfill readily the orders that will be given to them by the Port Administration , that always to occur abnormality situations that compromise the security of people, installations, of the proper boat or harm the good functioning of the port.
e) The Port Administration does not compel itself to grant mooring to the boats that enter in the port, when the mooring cannot occur:
1) due to compatible depth with the been silent of the boat, in the canal of access to the installations of together acostagem or to these installations;
2) due to available vacant in the related installations;
3) By the order of the Federal Government, had the epidemics, war or another cause of bigger force;
4) for inexistence of previous programming of the ships with destination to the terminals are the area of the organized port , that, for some reason, needs to come alongside in the wharf of the Port of Itajaí.
f) the merchandises embarked or disembarked in the wharf, will be under the guard and conservation of the Administration of the Port or of third that they have assured the right to lease and to explore installations port, from its act of receiving until its respective delivery.
g) Compete the Port Administration to lower instructions for concession of priorities of mooring of boats and to submit them it the homologation by the Advice of Port Authority.
h) To all boats that enter in the port will correspond an order number that will be given by the Port Administration , corresponding to the mooring number.
3.2 MOORING AND OCCUPATION
a) The order of mooring of the boats in the installations of docking under management of the Port Administration , will obey, in principle, the order of fond of the same ones in the area of anchors, except when the Norm for Traffic of Ships and Services in the Port of Itajaí, to establish moorings in with priority and preferential character in accordance with the effective criteria.
b) Confirmed the arrival of the boat and in front of solicitation of occupation of the docks and its availability, will be authorized the mooring of the boat.
c) the unmooring of the boat will have to occur up to 1 (one) hour of the ending of the port operation, excepted the conditions of navigability and to the made use in the regulation of the maritime traffic.
d) the mooring and unmooring will be under responsibility of the commander of the boat and with the job of the respective staff and material, but competes to the Port Administration auxiliary the related operations under the wharf with proper staff or through others, for the taking or delivery of knotting handles and its setting or acquittal of the knotting installations or knolls, in accordance with the instructions of the related commander, respected the conditions that come to be established in sale and leaseback.
e) The mooring to the contraedge of boat brought alongside in the lauching cradle could be authorized by the Port Administration , especially in the congestion cases, after consent of the Maritime Authority and of the Customs Authority, for the movement of merchandises or load, it wants to/or of the wharf or a boat for the other boat, for posterior landing in the wharf or another boat, being this mooring under total responsibility of the respective commanders.
f) the period of time of the occupation of the cradle of the ship will be established of common agreement for occasion of the meeting of programming of Mooring and Port Operation equally considering established in the Norm for Traffic of Ships and the Services in the Port of Itajaí.
g) the criterion of the Administration of the Port, in not having another boat programmed for the lauching cradle, occupation of this embarkment will be or not the port operation or for convenience of its shipowner or requisitante, could be extending until the arrival of the boat assigned for the related lauching cradle when it will have to find free and unimpeded lauching cradle.
h) the boat permanence occupying the lauching cradle, will be a port operation beyond the settled stated period, for the non complying the established minimum plate, for guilt or convenience of the shipowner or requirent and having another boat assigned for the related cradle, the Administration of the Port will be able, its criterion, to authorize the extension of the time of occupation for a work hours. After this stated period, remaining the boat occupying the cradle, will happen the penalty heading, the charged corresponding tariff of increasing form, per day of permanence in the lauching cradle, until the unmooring of the boat.
4 - USE OF THE TERRESTRIAL INSTALLATIONS OF SUPPORT TO THE PORT OPERATION
4.1 As terrestrial installations of support to the port operation of merchandises the installations of storage, patios, ways of circulation for vehicle, band of wharf, workmanships of docking and the suppliment installations are understood.
4.2 The use of the related installations for operation of any merchandise will be in the terms of this Regulation, made in accordance with the principles of rationalization and to improve its use and on the basis of the solicitation of the services.
5 - USE OF THE EQUIPMENT OR THE PORT ADMINISTRATION EQUIPMENT
5.1 The Administration of the Port will be able to supply to the equipment of its property, since available, to any port operator who exclusively requests it for port operations.
5.2 The equipment or the Port Administration equipments , when requested, will have to be operated by dock worker with employment bond, being that, is admitted in the lack of this the use of doubtful worker, the criterion of the Port Administration .
5.3 The Port Administration will be able to celebrate accords or contracts with the port operators, for rendering of services of location of material and equipment of its property.
VII - THE PORT OPERATION
1 - GENERAL CONDITIONS
1.1 The port operation consists of the rendering of services for port operator in the relative area of the port and:
a) movement of merchandises destined or proceeding from water transports;
b) storage of merchandises destined or proceeding from water transport.
2 - SERVICES OF MOVEMENT OF MERCHANDISES OR LOAD
2.1 The movement of merchandises of boat brought alongside in lauching cradle of docking to the wharf or vice versa, will be done by port operator, understands the activities of stowage, conference, foremanship, fixes of load, monitoring of boat and block.
2.2 The internal transport corresponds to the transport of the merchandise, with the use of the adequate equipment to its nature and species, since its dump point in the wharf, together to the boat brought alongside until its place of deposit in the installation of storage, assigned for the Port Administration .
2.3 The movement of merchandises executed by port operator will also understand, the hoisting and unhoisting of the volumes in the interior or indirectly on the vehicle, as well as in the ground, when the nature of the merchandises to demand, also participation of the works "to arrange", "to disarrange" or "to beat" the merchandise in the interior of the vehicle, in the operations will be done directly to the back of the boat and/or when the transport service will be effected by the Port Administration ;
2.4 The transport service understands the conduction of merchandises for solicitation of the interested parties:
a) for the Port Administration , between points of the port installations and in proper vehicles or of others;
b) for the port operator, in proper vehicles or of third, which will have to be covered by insurances that protect the Port Administration of any damage against its patrimony.
2.5 The merchandise movement will understand only the stowage, when to treat itself:
a) movement of merchandises of boat brought alongside in lauching cradle or to the plaza to another boat the contraedge or vice versa, or either in operation of overflow;
b) movement of merchandises of the boat brought alongside in lauching cradle or to the plaza, to boat inland navegation or auxiliary, the contraedge or vice versa.
2.6 The movement of merchandises will have to be done , preferential with the boat brought alongside in lauching cradle of docking.
2.7 The Port Operator will have to communicate the following informative elements to the Port Administration , in the schedules foreseen for the programmings of the operations that will be done:
a) name of the boat;
b) nature and amount of merchandise to put into motion, informing the contractors of these services;
c) the bilge and tender forecast number with that it will go to operate, constants in the plan of loading/unloading;
d) time foreseen for the port operation of movement of merchandises of or for the boat;
e) equipment or Port Administration equipment that it intends to request;
f) connected service or accessories of the Port Administration that it intends to request.
2.8 The volumes of the merchandises that present damage or indications of its damage that will have, when destined to the embarkment, being refused and restituted the respective shipper or fidiciary office depositary, for the repairs, or then to the expenseses of exactly, to be adopted for the port operator the adjusted measures more to the circumstances.
2.9 For damaged volumes, broken, renailed with weight difference or that they will have any indication of breaking, terms of exception in the same day of the discharge will have to be cultivated, where the characteristics of each volume, nature or the verified irregularity will be mentioned, being still, sealed up and straked for the inspection effect, after what the responsibility will be defined which.
2.10 The criterion of the Port Administration , discharge of the merchandise alone will be initiated in the prsence of the representative of the agent, the port operator or the dispatcher , when it will be the case, of the Federal Prescription.
2.11 The unloaded merchandises, want of long course or cabotage, will be registered in proper document, that will constitute, with those foreseen ones in the legislation in vigor, definitive documentation for all the questions excited on the responsibilities of the authorities receivers and shippers.
2.12 The merchandises entered in the warehouses will have to be conferred and to be weighed, when possible, having well be legible the mark, against mark and the number of the mooring.
2.13 The criterion of the Port Administration , the embarkments alone could be effected with the presence of the representative of the agent and/or dispatcher and after fulfilled the requirements legal, also the payment of the relative values the installment of the port services, saved in the pledge cases, and with the release of the Customs Authority, when it will be the case.
3 - STORAGE SERVICES
3.1 The storage service is reliable to keeping and conservation of the merchandises deposited in storage installations, in the area of the port, compatible with its nature and its species.
3.2 When the movement and the storage of the merchandises will take place for distinct port operators, these will have to adjust between itself the conditions that allow to characterize the responsibilities of each one in the port operation in the terms of the Regulation.
3.3 In the port operations the coordination of the storage of the merchandises always will be exerted by the depositary.
3.4 The conference of the goods will be done in the installations of the port and destined the storage will enclose the verification and notation:
a) the species, amount, weight, mark and against mark of the merchandise;
b) the indications of breaking and the signals of damages.
3.5 To the merchandises that they show signals of its damage or conditions that do not take care of to the requirements of the Authorities of Health and look-sanitary inspection, with damaged or inadequate packings, will fit the following measures:
a) if destined the embarkment, won't have to be received;
b) the proceeding ones from landing will have to be received with exceptions to be registered in proper document of "lacks and damage" in compliance with the legislation in vigor, as well as will be deposited in isolated place, reserved for such end, after to be sealed up and straked for inspection effect;
1) the commanders of ships or considered its must attend the drafting of exception terms and sign it with the fidiciary office of the warehouse and representative of the Customs Authority;
2) the terms of its cultivated damage, will be sent to summaries to the Customs Authority in the first day after the discharge.
3.6 The merchandises will have to be arranged by species, knowledge, lots, mark and against mark, having to prevent any contamination of merchandise for another one.
3.7 In the storage of merchandises, the separation of same the direction of its movement will have to be in accordance with the observed: embarkment, landing or transit.
3.8 The merchandises under fiscalization of the Customs Authority will have to be stored in bonded proper areas.
3.9 The depositary starts to be responsible for the merchandise that will be delivers it for the deliver entity.
3.10 The responsibility of the depositary is not covered:
a) the lacks in the contents of the volumes or exchange of contents, if the volumes to enter in the warehouses without external indications of breaking, with the original packing and without signal of damage and if in these conditions to remain until the moment of the opening for customs conference or exit of the warehouses;
b) damages of merchandises or lack that are not complained for writing, in the act of the delivery or embarkment;
c) lacks, deterioration of content, contamination or until destruction of decurrent volumes of fortuitous causes or bigger force, in the terms of the Civil Code.
3.11 Merchandise in transit is considered:
a) the originating port, revealed for other and unloaded for posterior embarkment;
b) the unloaded one in a port that revealed with posterior transport for it did not see terrestrial or water for the same, with DTA use (Document of Customs Transit);
c) destined the country that keeps accord with Brazil, unloaded for posterior transport for saw terrestrial or water and vice versa.
3.12 The depositary will promote sale in public auction, of the national or nationalized merchandises, whose storage will be trusted to it, in the following cases:
a) when the owners of these merchandises declare by writing that abandons them;
b) when, being about merchandises of importation for cabotage, they are not dispatched for exit, to leave of being removed by its owners, in the stated period of 90 (ninety) days counted of the date of the respective forwarding;
c) when the merchandises related in the line "b", although dispatched for exit, to leave of being removed by its owners in the stated period of 30 (thirty) days counted of the date of the respective forwarding;
d) when, being about easily perishable merchandise, mattered for cabotages and deposited in common warehouses, is not dispatched for exit in the stated period of 10 (ten) days, counted of the date of the respective discharge;
e) when the merchandises related in the line "d" although dispatched for exit, to leave being removed by its owners, in the stated period of 5 (five) days, counted of the date of the respective forwarding;
f) when, being about merchandises stored under regimen of conventional storage, the respective owners leave to pay to the depositaries the price of this storage, in the stated period of 30 (thirty) days counted of the date of the respective expiration.
3.13. Of each sale of stored merchandise in accordance with to what will be done , made the use in item 12, the depositary will give a detailed communication to the respective agencies inspectors.
3.14. The product of sale in public auction of stored merchandises that to do in accordance with what it determines item 12, the depositary will collect its safes the corresponding parcel to the debit of the owners of the merchandises, for service, and will make the deposit in court of the balance, and had to be complained for who of right will be.
3.15. When the stored merchandises shows deterioration danger or ruin, the depositary will have to give knowledge of the fact to the consignee and to the Customs Authority, it will be itself the case .
3.16. The depositary will obey, in whom to fit, the procedures determined by the Decree Law N° 1455/76, in the treatment of the merchandises that will be under its guard and duly warned misfortune.
3.17. The use of the dock workers with employment bond with the Port Administration , in the movement of merchandises and storage in leasehold or in another rented area , will be determined in respective contracts.
3.18. The depositary will establish, through normative act, the procedures for treatment of the applicable proper documentation in the delivery and the embarkment of merchandises that are under his guard.
3.19. The made customs conference in the warehouses of the organized port, always will be attended by the fidiciary office of the warehouse, responsible by the guard of the merchandises.
4 - THE SECURITY IN PORT OPERATION
4.1. MOVEMENT OF MERCHANDISE OF SPECIAL NATURE
a) Any one who wants to receive or to embark merchandise of special nature, over all when to be about perishable product or dangerous merchandise, will have to verify to the Port Administration if it is adjusted, compatible availability of installations and resources with the movement and the storage of the related merchandise, before accomplishing respective contract of water transport and the proper commercial transaction. Administration of the Port could not be made responsible by any damage to the owner, consignee of the merchandise, water or terrestrial transporter comes to incur for none observance of this determination.
b) For the effect of this Regulation, will be considered dangerous merchandises those defining for the code of the IMO.
c) the shipowner or chairman of the boat that lead dangerous merchandises, still in transit, it will have to deliver to the Port Administration with minimum antecedence of 48 hours, the "Dangerous Load manifest" and loading plan, contend position of the dangerous merchandises.
d) When of the omission or imperfection of register of any merchandise of the relation related in item "3" to result a harmful event, the decurrent responsibility for the damages or accidents will fit to the shipowner or his chairman.
e) For the boats which are carrying dangerous merchandises that destine the port installations of privative use, are the area of the port, but using the infrastructure of protection and access of the port, if they apply the procedures of items c) and d).
f) the commander of the boats in the port, that has dangerous merchandise on board or that having unloaded dangerous merchandise is not entirely free of vapors inflammable, will have to assure that the boat shows all to the times that are brought alongside, anchored or in movement, flag "B" of the International Code of Signals, during the day, visible a red light in all the horizon, to a distance of, at the very least, 3 nautical miles.
g) When deal with dangerous merchandise for embarkment (exportation) direct, the exporter, will have to supply with minimum antecedence of 48 hours of the embarkment, dangerous load relation with the data foreseen in item 3.
h) Having spilling of dangerous merchandise in result of damages e, in consequence, which come to harm the health of the workers and the environment in the operation places, the responsible one for the port operation of the related merchandise will have immediately to isolate the affected area, to communicate the Port Administration and to take the steps to reach at immediate elimination of the risk.
i) the dangerous load movement will have to be authorized by the Port Administration , observed the determination of item 3, supplied the following elements for the port operator, with minimum antecedence 24-hours of the operation:
a) name of the boat;
b) responsible technician for the coordination of the movement services;
c) indication of the category of dangerous loads putting into motion;
d) plain of work and the measures of security that will go to adopt the movement of the merchandises.
j) the movement of dangerous merchandises will have will be done by qualified workers, under the responsibility of the port operator, which it will fit to forbid to the presence in the neighborhoods of the boat and its wharf of strange people to the operation.
l) the explosive load or discharge (Category 1), gases (Category 2), inflammable liquids (Category 3) and inflammable solids (Category 4.1, 4.2 and 4.3), will have obligatorily, will be done in a way that these loads do not remain in the place of the operations and the specific case of the discharges, immediately is carried to is of the port installations.
m) the movement of explosive merchandises could only be authorized for the Port Administration , with the authorization of the Ministry of the Army for the respective owner consignee or shipper or for the shipowner or its chairman, as the case.
n) the movement of radioactive merchandises could only be authorized by the Port Administration when the same authorized will be attended and guided by representatives of the National Commission of Nuclear Energy with previous knowledge of the Foundation of Support and Technology of Environment - FATMA.
o) the dangerous merchandises will only have to be deposited in installations of storage, observed determined in item 11 or the strict observance of the norms of security as well as of movement. Its storage in installations of use joint, that still compatible it will only have to be fact, if taken writ of prevention of isolation of the area and separation of the other merchandises, to prevent any type of contamination, fire risk or explosion.
p) the explosive merchandises destined the exportation could only be stored in front of state and municipal authorization of the Ministry of the Army and other authorities of security and environment.
q) the period of storage of the dangerous merchandises, when authorized for the Port Administration , will have to be lesser possible, in accordance with previous agreements.
r) the Port Administration will adopt the Manual of Dangerous Load Identification, as the classification adopted in the current INTERNATIONAL MARITIME CODE OF DANGEROUS MERCHANDISE elaborated and also published by MARITIME GOVERNMENT INTER CONSULTIVE ORGANIZATION(OCMI), being that the omissive cases will be all decided by the Port Administration, and in last instance, by CAP.
4,2 BASIC PROCEDURES OF SECURITY And CIRCULATION OF VEHICLES In the AREA Of the PORT
a) The maneuvers of mooring, unmooring and changes of lauching cradles, will have to be executed with all the cares, in way not to produce damage in the installations and port devices, being thus the commanders of the responsible boats of any damage, before the maneuvers will be executed under its total responsibility.
b) Occurring fall of merchandise in the water during the load operation and or discharge, decurrent of accident or ineptitude in its manuscript, the port operator will have to adopt the necessary steps for its withdrawal, then after the unmooring of the boat.
c) the port operator will answer the Port Administration for the actual damages to the infrastructure, the installations and the equipment of property of the same one.
d) It's allowed to the Port Administration periodic to make an inspection in the stowage materials and equipment used for the port operators or contracted , with intention to preserve the security of the workers, being able that the Port Administration of the could hinder the use or the request the withdrawal of the materials that do not take care of to the security requirements.
e) In case of accidents during the port operations, it is up to the port operator to provide the mediate removal of the wounded, to which will give the necessary attendance until being deliver to the cares of the medical authorities.
f) the accidents considered serious by the Port Administration will be investigated, through inquiry commission that it will look to determine responsible causes and, recommending to take action of prevention and eventual punishments, as the case.
g) the merchandises could only be deposited in compatible installations of storage with the nature of the load and species, as well as with the strict comment of the pertinent norms of security.
h) the circulation of vehicles in the area of the port, will have to obey the following norms:
a) the drivers will have to observe the transit rules and to circulate with reduced speed, in accordance with limits established for the Port Administration ;
b) the access and permanence of the load vehicles in the parking areas will be authorized, preferential, to those with merchandises to deliver or to receive for storage or embarkment;
c) will only be allowed the access to the vehicles whose load operations, discharge or internal transport, duly are programmed in the competent sector;
d) the access, the circulation or the parking, as well as the exit of the vehicles, can be suspended in any instant, the criterion of the Port Administration and in reason of measures of security, preservation of the order, order of the circulation, and also of congestion of the areas of parking and other reasons that can try such actions.
e) the vehicles of third contracted by the Port Administration or any of the qualified Port Operators, directly to operate in the operations of load and discharge of ships, will have to be in perfect conditions of use, compatible with the conditions of the load and operation that they will do.
VIII - THE PORT OPERATOR
1 - GENERAL DISPO
1.1 The Port Operator is the legal entity daily pay-qualified legal entity to the Port Administration , in the form of Norm published by the Advice of Port Authority for the execution of the operations in the area of the organized port.
1.2 The activity of port operator obeys the ones that present Regulation to make use.
2 - ATTRIBUTIONS OF THE PORT OPERATOR
2.1 It is up to the port operator, in the areas of the organized port object of this Regulation, to do the understood port operation as the movement and the storage of merchandises destined to proceeding the water transport or of it, as it follows:
a) in the general load exportation and containers:
1) act of receiving and transport of warehouse merchandises or another place of its entrance in the port installations, until the point where the hoisted are organized;
2) preparation of the hoisted for lifting for the derricks of the port or the load device of the boat;
3) transport and arrangement of the merchandises in the bilges, refrigerated chambers or other internal compartments of the boat and in the deck;
4) preparation of the bilges in accordance with the nature of the load;
5) preparation and operation of the load device of the boat;
6) tying of load in the bilges or other internal compartments of the boat and in the deck, when necessary;
b) in the general load importation and containers:
1) to remove or to undo the tying of the load, when there is;
2) to prepare on board the hoisted for the hoisting of wharf, vehicles through derricks of the port or load devices of the boat;
3) to carry and to deliver the merchandise in the warehouse, patio or another place determined for the depositary, inside the port installations;
4) arranging the load in the places indicated for the depositary, inside the port installations;
5) withdrawal of the material of load protection, boards of stowage, mats and other materials, leaving itself duly arranged in the bilges or other compartments of where it has been the protecting load;
c) for load in bulk, in operation of load and discharge, when necessary;
1) preparation of the bilges to receive or to unload, in accordance with the nature of the load;
2) the intake and planing of the load in accordance with the orders of the commander of the ship and requirement of the international conventions;
3) preparation of the load in bulk embarked, for act of receiving of the load in destined volume to prevent the free surface;
4) the intake of the load to operate with mechanical unloaders;
5) operations with the load devices or discharge in the bilges.
d) in the overflow, the movement of merchandises of a boat for another one, come alongside to the back;
e) in the removal, movement of one for another bilge or deck and vice versa, inside the bilge, in the same plan or different plans.
2.2 The Administration of the Port will man it with proper staff, the equipment or equipments of its property requested by the port operators.
2.3 The services of port operator will be contracted by the owner of the merchandise, the shipowner or its chairman.
2.4 The block services, that if constitute in the activity of cleanness and conservation of boats and its tanks, including rust beating, small painting, repairs of sum and services correlatos, will be contracted by the shipowner or chairman.
2.5 It competes to the Port Operator, a time concluded the contracted services, to open the stretch of wharf or used patio, leaving it in conditions for the subsequentes operations.
2.6 The intervention of the port operator in the port operations is dispensable:
a) thus , for methods of manipulation, its characteristics of automation or mechanization, does not require man power use or can be executed exclusively by the proper crew of the had boats;
b) employed boats:
1) in the execution of workmanships of public services in the water ways of the Country, either directly for being able them public, either for intermediary of concessionaires or contractors;
2) in the transport of sorts of small farming and of it fishes, to supply markets of municipal scope;
3) in the inland navegation and auxiliary;
4) in the transport of liquid merchandises in bulk;
5) in the transport of solid merchandises in bulk, when the load or discharge will be made by automatic mechanical devices, saved how much to the services of tying, when necessary;
c) relative to the movement:
1) loads in area on military control, when it is done by military staff or tied with the military organization;
2) materials for the shipyards of construction and naval repairing;
3) spare parts, edge material, provisions and supplying of boats;
d) relative to the water supply, fuel and lubricant to the navigation.
2,7 In case that the interested party understands the use of complementary man power for the execution of the operations related in item VIII.2 necessary, the Agency of Management of Man power - OGMO must request it.
3 - RESPONSIBILITIES OF THE PORT OPERATOR
3.1 The port operator is titular and responsible for the direction and coordination of the port operations that effects.
3.2 The service of load movement on board the boat must be executed in accordance with the instruction of its commander or its chairmen, who will be responsible for the tyding removal of the load, in that if he relates to the security of the boat, wants in the port, wants in trip.
3.3 The port operator answers :
a) the Port Administration , for the damages guiltily caused to the infrastructure, the installations and the equipment of that the same one is titular or that, being property of others, if finds its service or under his guard;
b) the proprietor or consignee of the merchandise, for the damageses that occurs during the operations of them;
c) the shipowner, for his damage provoked in the given boat of transport;
d) the dock worker, for the remuneration of services the given and respective incubencies;
e) the competent agencies, for the collect of the incident tributes on the doubtful port work.
3.4 All Port Operator will have to be Insurance policy detainer of Policy or of civil liability, in the terms of the DAILY PAY NORM QUALIFICATION OF PORT OPERATOR.
3.5 The port operator is responsible in front of the Customs Authority, for the merchandises citizens to the customs control, in the period where these are confined, when it has the control or exclusive use of area of the port, where if they find deposited or they must transit the cited merchandises.
3.6 For the effect of interpolated propositions "b" and "c" of item 3, the responsibility will be selected by means of held coferences by the entity that deliver and the entity that receives, in view of:
a) the species, weight, mark, contramark and the amount of the volumes;
b) the integrity, absence and indications of breaking of the packing of the volumes;
c) the absence of signals of damages for water, fire, violent shock and emptying.
3.7 The port operator or depositary, will be able to refuse the act of receiving of destined merchandises the embarkment or storage, when it presents an inadequate conditions for transport or storage.
3.8 The act of receiving of the merchandises that present the conditions related in item 7, will not imply in any responsibility for the depositary or port operator, since whom made had exceptions before shipowner or chairman.
3.9 The subcontracting of daily pay-qualified port operator for the Port Administration is allowed, for the titular port operator, since whom the subcontracted one is qualified in the category of the operations will do.
3.10 The subcontracting of port operator, does not transfer to subcontracted any responsibility, continuing the port operator titular contractor as only responsible for the direction as well as coordination of the executed port operations it wants directly or through subcontracted port operator.
3.11 The ships that put into motion distinct merchandises in distinct bilges, will be able to make distinct port operators, and have proper responsibilities and titularity.
IX - MONITORING AND SECURITY IN THE PORT INSTALLATIONS
1 - The monitoring and security in the port installations consist of the fiscalization of the entrance and exit of people, vehicles, equipment and merchandises in the areas of the organized port, in accordance with the operational programmings and will enclose the stored merchandise, the combat of fire and the protection of the environment.
2 - The monitoring and the security of the port installations, will be exerted by port guards of the Port Administration .
3 - The fiscalization, understands that the verification of the authorization validity and the control of entrance or exit of people, vehicles, equipment and merchandises.
4 - The Port Administration in coordination with the Customs Authority, will establish the ranks of entrance and exit, in the diverse sectors of the area of the port under customs monitoring.
5 - The service organization, the attributions, the equipage, the port conscription of guard staff , will compete to the Port Administration .
6 - Port is responsible for:
a) in accordance with to discipline the ingression of people and vehicles in the interior of the port the Norms of the Port Administration and requirements of other authorities;
b) to develop relative procedures the security of the people, merchandises and installations, that come to be incorporated the patrimony of the Port Administration ;
c) to cooperate with police agencies and other authorities that act in the port, with sights to the maintenance of the order and illicit prevention of the port area.
d) to cultivate infraction files of legal documents and to restore administrative proceedings, objectifying the verification of facts and collection of tests, police character or administrative;
e) to do injunctions of combat the fires, as well as taking the necessary and immediate steps in case of accidents;
f) to develop procedures that assure the fulfilment of the norms of protection to the environment.
7 - Internal regulation will be elaborated, specifying the port guards organization and attributions , as complement to this Regulation.
X - LEASE OF PORT INSTALLATIONS
1 - The right is assured to the interested party to construct, to remodel, to extend, to improve, to lease and to explore the port installations , located inside the area of the organized port the one that if relates to this Regulation, observing the following conditions and requirements:
a) sale and leaseback celebration with the Union, decurrent of public licitation;
b) authorization of the competent Ministry, when the interested party will be titular of the useful domain of the land.
2 - The lease by the Port Administration is authorized, always for intermediary of land licitation of the port area , for use which does not affect the port operations, since that previously consulted the Advice of Port Authority and the Customs Authority.
3 - The lease is legalized by intermediary of firmed contract enters the Port Administration and the leaseholder, incorporating the conditions and requirements established in the respective public notice with invitation to bid, as well as that they discipline the regimen of exploration.
4 - The public licitation for the construction, remodels, magnifying or improvement of port installation, inside of the area of the organized port and its exploration, in the lease case, will be able to be done for initiative of the Port Administration or the granted petition of the interested party.
5 - The interested party will be able to require to the Port Administration to do the related public licitation in item 4, having base its request with data that allow the evaluation of the compatibility of the exploration of the pled port installation, plain of development and zoning of the port.
6 - The Port Administration , will have to pronounce itself on the petition of the interested party in the stated period of 30 (thirty) days, to count the date of entrance of the order.
7 - If rejected the petition which is relates item 6, fits resources in the stated period of 15 (fifteen) days, to the Advice of Port Authority.
8 - Kept the denial, the resource in the stated period of 15 (fifteen) days fits, to the Ministry of Transports.
9 - In the hypothesis of the petition or resource not to be determined in the stated periods of 30 thirty and 60 sixty days, respectively, by the Port Administration and the Advice of Port Authority, is authorized to the interested party, at any time, to consider it rejected, for the end of presentation of the resources related in items 7 and 8.
10 - The lease will be able to understand a specific installation or a set of port installations being constituted an integrated operational unit.
11 - The integrated operational unit is the set of installations, constituted in all or part of lauching cradle of docking, installation of storage, equipment and equipments of movement of merchandises, general suppliment installations and way of circulation.
12 - The sale and leaseback will have determined, compatible stated period with the type of installation and the countenance of the investment to be made by the interested party in the construction, reforms, magnifying, improvement of exploration of the port installation.
13 - The leaseholder, during the stated period of validity of the contract, under fiscalization of the Port Administration , will be the responsible one for the maintenances of the leasehold installations and for its good one and adjusted use.
14 - The celebration of the lease of port installation for public use, must be preceded of consultation to the Customs Authority, the Municipal Public Power and approval of the Report of Impact on the Environment - IT RHYMES, when it will be the case.
15 - The leaseholder of installation of public use, if Port operator, will be able to subcontract other operators for the execution of the port operation.
16 - Leasehold the port installations of public use, are citizens to the disposals foreseen in the sale and leaseback and to the fiscalization of the Authorities Port, Customs, Maritime, Sanitary, of Health and Maritime Policy.
17 - The non complying of the lease clauses, subjects the leaseholder, the penalties foreseen in the notice with invitation to bid.
18 - They constitute cause for the extrajudicial rescission, at any time of the stated period of validity of the contract:
a) the reiterated non complying of clauses of the sale and leaseback;
b) the loss of the qualification of port operator;
c) the decreement of the bankruptcy or the instauration of civil insolvency;
d) the society dissolution;
e) the loss of the leaseholder, of the economic conditions, operational techniques or to keep the adequate rendering of services;
f) the occurrence of act of God or bigger, impeditive force of the execution of the contract.
XI - THE LEASEHOLD PORT INSTALATIONS IN THE AREA OF THE ORGANIZED PORT
1 - GENERAL CONSIDERATION
1.1 The leasehold port installations, foreseen in Law 8,630/93, situated inside the area of the organized port, can be:
a) privative use:
1) exclusive, for proper load movement;
2) compound, for proper load movement and of third;
b) public use.
2 - SALE AND LEASEBACK
2.1 The relative sale and leaseback to the port installation of privative, exclusive or mixing use, or the port installation of public use will obey the one that make use of the present Regulation.
2.2 They are essential clauses of the sale and leaseback of the port installation of private, exclusive or mixing use, the ones that make use on:
a) the object, the area of rendering of services and the stated period;
b) the way, the form and the conditions of exploration of the service, with the indication, when it will be the case, standards of qualities, goals and stated periods for its perfectioning;
c) the criteria, the pointers, the formulas and the defining parameters of the quality of the service;
d) the value of the contract understood it, the remuneration for the use of the infrastructure that will be done or dispatches by post to the disposal of the related installation, also the protection the water access;
e) the obligation of execution of the construction workmanships, remodels, magnifying and improvement, with setting of the respective chronograms of physical and financial execution;
f) the reversion of goods applied in the services;
g) the rights, guarantees and obligations of the contractor and the contracted one, also, when it will be the case, the related ones with the previsible necessities of future suplements, alterations, expansions of the services and consequent modernization, perfectioning and magnifying of the installations.
h) the form of fiscalization of the installations, the equipment and the practical methods and of execution of the services;
i) the guarantees for adjusted execution of the contract;
j) the beginning, the ending, and will be the case, the conditions of extension of the contract, that could be made in a time, for equal maximum stated period to originally contracted, since that foreseen in the notice with invitation to bid and that the total stated period, including the prorrogation, does not exceed the 50 (fifty) years;
l) the responsibility of the bearer of the port installation for the inexecution or deficient execution of the services;
m) the hypotheses of extinguishing of the contract;
n) the obligatoriness of installment of information of interest of the Port Administration and the other authorities of the port, also of specific interest of the national defense, for mobilization defects;
o) the adoption and the fulfilment of the necessities to the customs control of merchandises, vehicles and people;
p) the access, for the port authorities , to the port installations;
q) the contractual penalties and its form of application;
r) the forum.
2.3 They are essential clauses of the sale and leaseback of the port installation of public use:
a) all the related ones in the X.2.2 item;
b) the ones that make use of the rights and duties of the users, with the obligations correlated of contracted the respective sansions.
3 - PUBLIC LICITATION
The Public Notice with invitation to bid, observing the rules of the specific legislation, will have to contain the discrimination of the conditions from " a " to "r" of the item the 2.2 and conditions of "a" and " b" of item 2.3 of this chapter, as the case.
4 - PROJECT OF THE INSTALLATIONS
4.1 - All project of construction, alteration or remodels to be developed in the installation, object of the sale and leaseback, will have to be submitted to the approval of the Port Administration .
XII - INFRACTIONS, PROHIBITIONS And PENALTIES
1 - INFRACTIONS
1.1 It constitutes infraction all action or omission, involuntary volunteer or, who matters:
a) when doing port operations with disregard to the disposals of Law n. 8.630, of 25 of February of l993, or with non-observance of the disposals of this Regulation;
b) in the land use, areas, equipment and installations located in the area of the organized port, with shunting line of purpose or disrespect to the law or the regulations.
1.2 It answers the joint infraction or separately, any natural person or legal who, intervined in the port operation, concurs for practical its or of its benefits.
1.3 Selecting itself, in the same process, the practical one of two or more infractions, for the same natural person or legal, is applied, cumulatively, the penalties threatened them, if the infractions will not be identical.
1.4 When to be about infraction continued in relation to which they have been cultivated diverse files of legal documents or representations, they will be congregated in one alone process, for imposition of the penalty.
1.5 The infractions will be considered continued, when to be about repetition of still not refined lack or object of process, whose instauration the infractor does not have knowledge, by means of summon.
2 - PROHIBITIONS
2.1 In the area of the port it is forbidden:
a) to smoke in the deck and bilges of the brought alongside boat, as well as in the stretch of corresponding wharf to the length of the same one, until a removal of 15 meters, when of the occurrence of operations with merchandises of dangerous nature;
b) to smoke in the areas of storage of merchandises;
c) to smoke in the deck and bilges of the boats brought alongside in the lauching cradle of docking and come alongside the counteredge, during the operations of supplying of fuels or overflow of merchandises of dangerous nature;
d) to obstruct any device, installation of combat the fire or destined equipment to promote first situated aids in the wharf, areas of storage or ways of circulation;
e) to operate any vehicle in the wharf when, the criterion of the Port Administration , to intervene with the efficiency of the port operation;
f) to obstruct gates, lines of porch derricks, doors of warehouses, operational tracks of circulation and other equipment;
g) to keep the vehicles parked without the presence of the drivers in the neighborhoods of the parking;
h) to bring alongside boats without the use of defenses;
i) to launch or to leave oil to fall, grease, any material or debris in waters understood in the area of the organized port. Such non-observance constitutes infraction to the norms of protection to the environment and the responsible one is subject to the corresponding penalties;
j) to obstruct adjacent or wharves areas with material or equipment of stowage, or still, another material or object that is not part of the load.
k) to put into motion and to park merchandises with superior weight to the capacity of support of the wharf, the ways of circulation, floor of the patios or warehouses;
l) to use port vehicles and equipment in the movement of merchandises with superior weight to its nominal capacity;
m)to do electric or oxiacetilena weld, cut of plates the fire or any another material activity involving inflammable or with flame, in the wharf, areas of storage, not to be isolated and the inherent precautions to the activity and of combat the fire, in agreement with the norms lowered for the Port Administration ;
n) to put into motion or to store merchandises, being included the dangerous ones, for which the port will not have compatible installations and resources with the operation;
o) to launch on the wharf leached ashes, garbage, oil and other debris, as well as allowing water launching on the same;
p) to beat rust or to paint the back of the boat without device of protection to the wharf and the environment;
q) the withdrawal of oily residues of boats for companies who don't have the Ambient License of Operation - LAO - supplied by the Foundation of Support and Technology of Environment - FATMA.
3 - PENALTIES
3.1 The infractions are citizens to the following penalties, applicable for the Port Administration , separately or cumulatively, in accordance with the gravity of the lack:
a) warning;
b) fine of R$ 60,00 (sixty reais) until R$ 12,000 (twelve thousand reais);
c) prohibition of ingression in the area of the port for period of the 30 (thirty) 180 (one hundred and eighty) days;
d) suspension of the activity of port operator, for the period of 30 (thirty) the 180 (one hundred and eighty days);
e) cancellation of the daily pay-qualification of the port operator.
3.2 The Port Administration competes determining the penalty or the applicable penalties to the infractor or who must answer for the infraction, in the terms of the law, and fix the amount of the penalty, respecting the legal limits.
3.3 In the lack of payment of fine in the stated period of 30 (thirty) days, counted from the day he knows, for the infractor, of the final decision that to impose the penalty, will have place the execution proceeding.
3.4 The resultant pecuniary importance of the application of the fines foreseen in this regulation, will revert for the Port Administration .
3.5 The decision of the Administration of the Port in the direction to apply the penalty will fit, in the stated period of 30 (thirty) days counted of the summon, voluntary resources for the Advice of Port Authority, independently of instance guarantee.
3.6 The penalties foreseen in this Regulation and its fulfilment, do not harm, in case some, the application of the penalties threatened for the fact for the existing legislation.
XIII - THE GENERAL DISPOSALS
1 - The users of the port are responsible and will have to indemnify the Port Administration , for the damages and damage that they cause to the workmanships, installations, equipment, devices and utensils of the Port.
2 - The invoices and accounts presented by the Port Administration will have to be eliminated by its users in the established stated period.
3 - The lack of fulfilment of this obligation will constitute automatically, in deferred payment the debtor, who could be private of the use of the port services, judge of the Port Administration .
4 - All the administrative acts of normative character forwarded by the Port Administration , remain in vigor and will be applied supplementary, since that the disposals of this Regulation and of the Law n° 8.630/93 do not conflict with.
5 - The employees of the port operators and the doubtful man power, when its service, is obliged to the use of indentification badge of identification in the area of the port.
6 - In the port activities and/or operations where the intervention of the port operator will be excused, it will answer in front of the Port Administration requisitante of the services.
7 - The executed services outside of hourly the usual working hours in accordance with the functioning homologated by the CAP and of the days of normal expedient are considered as extraordinary all.
8 - Holidays in the Port of Itajaí are considered, in accordance with the federal and municipal legislation, as the following dates: -
1° of January;
- Good Friday;
- 21 of April; -
1° of May;
- Christi Corpus;
- 15 of June;
- 07 of September;
- 12 of October;
- 02 of November;
- 15 of November;
- 25 of December.
9 - The operational overtime requested the Port Administration , will be charged in accordance with the criteria for it established.
10 - The Port Advice of Authority is the only arbitrator of the interpretation of this Regulation.
11 - The Advice of Authority will be able, at any time, to modify the present Regulation.
12 - The omissive cases to this Regulation, will be decided by the Port Administration and submitted homologation of the Advice of Port Authority - CAP.
13 - The disposals in the opposite are revoked all.
Itajaí, 15 of December of 1994.
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