BNSF DEMURRAGE BOOK 6004-C

GENERAL AND SPECIFIC RAILCAR DEMURRAGE AND

PRIVATE CAR STORAGE RULES

APPLYING AT
POINTS ON THE BNSF RAILWAY COMPANY
IN THE UNITED STATES AND CANADA

ALSO APPLICABLE ON INTRASTATE TRAFFIC

Issued: December 10, 2021 Effective: January 1, 2022

Contents

SECTION 1 - General Application ..................................................................................... 4

Exceptions ..................................................................................................................... 4
Method of Billing ............................................................................................................ 5
Credit / Payment Terms ................................................................................................. 5
Shipping Instructions ..................................................................................................... 5
Notification ..................................................................................................................... 6
Congestion Due to Rail Customer or Receiving Party ................................................... 6
Pipeline Management .................................................................................................... 6
Arbitration ...................................................................................................................... 6
Dispute Handling ........................................................................................................... 6
Response to Disputes.................................................................................................... 6
Unclaimed, Refused or Rejected Cars........................................................................... 7
SECTION 2 – General Railcar Demurrage........................................................................ 8
Rail Controlled Equipment Held for Loading or Unloading ..................................... 8
Private Controlled Equipment Held for Loading or Unloading........................................ 8
Equipment Held for Purposes other than Loading or Unloading .................................... 8
SECTION 3 - Additional Terms and Fees ......................................................................... 9
Charges on Cars Containing Explosives or Hazardous Materials. ................................ 9
Charges on Cars Containing Inhalation Hazard and Explosives. .................................. 9
Charges on Heavy Duty Cars ...................................................................................... 10
Assigned Car Storage.................................................................................................. 10
Change of Want Date for Wind Trains ......................................................................... 11
Aviation (STCC 37299) Equipment Held for Purposes other than Loading or Unloading
..................................................................................................................................... 11
SECTION 4 – Shuttle and Unit Train Demurrage ............................................................ 11
Shuttles Rules ............................................................................................................. 11
Shuttles Held for Loading ............................................................................................ 12
Shuttles Held for Unloading ......................................................................................... 12
Unit Crude Oil Trains (STCC 1311110) Held for Loading and Unloading Calculation . 13
Other Unit Trains Held for Loading and Unloading Calculation (Non Unit Crude Oil
Trains) ......................................................................................................................... 13
Other Unit Train Free Time .......................................................................................... 13
Activities Other than Standard Train Operations ......................................................... 14

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 Pre-Release for Unit Trains ......................................................................................... 15
Trains Constructively Placed en Route to an Offline Location ..................................... 15
Planned and Unplanned Shutdown ............................................................................. 15
SECTION 5 - Non-Chargeable Holidays ......................................................................... 16
SECTION 6 - Index of Terms .......................................................................................... 18

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SECTION 1 - General Application
This Book, also referred to as the Tariff, specifies the rules governing demurrage, unit train /
shuttle demurrage, private car storage, hazardous charges and storage rules applying at all points
on the BNSF Railway Company (referred to as BNSF) network in the United States and Canada.
It also applies at points on connecting carriers where, through agreement, BNSF maintains
demurrage rules and charges. The rate in effect on the closing day event will be used to calculate
charges, and all rates and charges are stated in United States dollars.

The terms and conditions contained in this Tariff supersede and replace the former tariff (BNSF
Demurrage Book 6004-B) and its predecessors.

Demurrage is a charge that both compensates rail carriers for the expenses incurred when rail
cars are detained beyond a specified period of time (i.e., free time) for loading or unloading, and
serves as a penalty for undue car detention to encourage the efficient use of rail cars in the rail
network. 49 C.F.R. §1333.1.

Any person receiving rail cars from BNSF for loading or unloading (defined herein as a receiving
party) who detains the cars beyond the period of free time set forth in this Book may be assessed
demurrage charges by BNSF. 49 C.F.R. §1333.3.

Except for unit trains and shuttles, BNSF calculates and bills demurrage fees using a debits and
credits system to calculate Chargeable Days. Chargeable Days include Sundays, however, they
exclude the Holidays noted in Section 5.

When a railcar is tendered by BNSF to a connecting carrier for delivery to the connecting carrier’s
receiving party and that party is unwilling or unable to accept the railcar (and as a consequence
railcar remains in BNSF’s custody and control), a demurrage charge will be assessed against that
receiving party in accordance with the provisions of this Book. If the receiving party does not
normally do business directly with BNSF, then the shipper will be responsible for all applicable
charges.

Empty and loaded railcars held short of the origin or waybilled destination are subject to governing
provisions and charges of this Book. Empty and loaded cars consigned or waybilled for delivery
to a connecting carrier or held on a connecting carrier per BNSF instructions or on railroad tracks
under constructive placement, are subject to governing provisions and charges of this Book.
Any specific provisions take precedence over general provisions, unless otherwise stated. See
Section 6 for explanations of terms commonly used in this Book.

Exceptions

Rules and charges contained in this Book apply to all railroad and private marked railcars held
for or by rail customers with the following exceptions:

• Cars for loading or unloading of BNSF company material.

• Cars of refused or unclaimed freight to be sold by BNSF for the time held beyond
legal requirements.
• Railroad owned cars, leased for storage of commodities, for intra-plant or intra-
terminal switching service, while held on lessees’ tracks.
• Cars used for the purpose of testing loading and unloading procedures, new types of
dunnage or new types of equipment as authorized by BNSF.

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 • All Bi-level and / or Tri-level equipment used in transportation of motor vehicles.
• Empty cars actually placed for loading and then rejected as being unfit for loading.

Method of Billing

Charges are invoiced on a monthly basis for cars with a closing event within the billing cycle and
are calculated based on the provisions set forth in this Book. A closing event is defined as the
event in a car cycle that closes the cycle and results in the calculation of time and applicable
charges.

If cars in a chargeable status do not have a closing event at the end of a billing cycle, then charges
will be carried forward to the following billing cycle for applicable charges until closing event.

Credit / Payment Terms

Charges that accrue per this Book are due and payable according to BNSF’s Credit Terms as
stated in BNSF Rules Book 6100 series. All payments must be paid in U.S. funds. Late payments
on undisputed bills (30 days or more after due date) will be subject to finance charge outlined in
BNSF Rule Book 6100, Section 3400-A (or any successor thereof).

BNSF reserves the right, at its sole discretion, to cancel credit and require a rail customer or
receiving party responsible for the payment of demurrage with a history of delinquency or non-
payment of charges, not in bona fide dispute, to provide assurance for payment of those charges.
Such “assurance” may include, but is not limited to, credit card payment upon incurrence of
charges, cash deposit with BNSF, letter of credit, surety bond or other suitable form of security.
A deposit or security will be equal to the average monthly demurrage bill as calculated over the
past six months.

It is within BNSF’s discretion to determine when issues of delinquency have been resolved and
when the rail customer or receiving party is no longer required to maintain an assurance. Should
service to the rail customer or receiving party no longer be required, security on deposit will be
released and returned upon satisfaction of all outstanding invoices.

Shipping Instructions

A bill of lading or other suitable instructions must be given to an authorized representative of

BNSF and contain all of the necessary information which allows for the immediate movement
under either line haul or switching services provided by BNSF. When "shipping instructions" are
furnished covering line haul movement, information must include the shipper, consignor,
consignee, receiving parties, destination, route, commodity description, whether prepaid or
collect, and full instructions relative to stop-offs.

Advice received by BNSF to move a car from a shipper's loading or storage track to BNSF yard
or hold track to be held for "shipping instructions," whether furnished by the party loading the car
or another party, or a bill of lading or an order consigning the car to an agent of BNSF which has
no beneficial interest in the lading, does not constitute "shipping instructions" or a release from
demurrage/storage charges.

A bill of lading, or other suitable order, covering car(s) requiring clearance from all carriers in the
routing will not constitute "shipping instructions" until clearance is received from all carriers in the
routing.

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Notification

Notification will be delivered to the receiving party or any party on the waybill who is registered to
receive notifications using the BNSF Customer Subscription Services on-line tool. Parties wishing
to receive notifications must sign up using the on-line tool.

Congestion Due to Rail Customer or Receiving Party

If a rail customer’s or receiving party’s excessive detention of railcars results in operational

congestion as determined by the carrier of the customer’s, receiving party’s and/or BNSF’s rail
tracks, BNSF may impose an embargo against the customer’s or receiving party’s receipt of
further railcars until congestion is eliminated.

Pipeline Management

Customers should not order more rail cars than their facility can hold. In order to assist customers
in managing their pipeline of incoming rail cars the BNSF “Rail Central” online tool is available to
manage, trace, and monitor rail car events. The Customer Dwell Management Tool (CDMT) is
also available to manage the incoming flow of rail cars and to minimize dwell and demurrage
charges. Customers needing access to these tools may register at www.bnsf.com or contact our
E-Business team by calling 888-428-2673, Option 4, 3. BNSF representatives within the
Demurrage, Storage, and Extended Services (DSES) team are also available to assist with these
tools and to assist in strategy to reduce or eliminate dwell and demurrage charges. The team can
be reached via email at DemurrageHelp@bnsf.com or by calling 888-428-2673, Option 3,3,3.

Arbitration

All disputes, claims, questions or controversies arising out of any charges assessed under the
provisions of this book in the transportation of Grain or Grain Products shall be resolved by binding
arbitration under the Arbitration Rules of the National Grain and Feed Association unless the
parties agree to some other arbitration procedure.

Dispute Handling

Occasionally customers may have questions or disputes relating to charges arising under the
terms of this Book. Resolution to disputes may be initiated through the BNSF Customer Dwell
Management Tool (CDMT) or through email DemurrageHelp@bnsf.com.

Response to Disputes

If, by error, demurrage or storage charges are improperly assessed, charges will be adjusted to
the amount that would have accrued but for such error.

Claims for adjustments to a demurrage charge due to Severe Weather, which include but are
not limited to flood, storm, earthquake, tornado or other climatic condition, will be evaluated
provided that the facility production was stopped, shut down or otherwise unable to work due to
lack of railcars at the facility.

Claims for adjustments to a demurrage charge due to Strikes or Lockouts will be evaluated on
the following criteria provided that the impediment is at least two (2) days in duration:

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  No relief will be granted on cars diverted to a strike or lockout point subsequent to the
first 0001 following the day strike or lockout was declared.
 No relief will be granted for cars billed subsequent to the first 0001 following the day
strike or lockout was declared.
 Unloading relief rates provided below in this sub-section apply from the first 0001 after
strike or lockout was declared. Relief rate stops when cars are released, diverted or
reshipped.
 Loading relief rates provided below in this sub-section apply only to cars constructively
placed or on spot with want dates equal to or before strike or lockout was declared.
Relief rate stops when cars are released and billed or released as ordered and not used.
 Cars ordered or placed regardless of want date, after 0001 the day following declared
strike or lockout date will be subject to normal demurrage charges.
 All strike and lockout demurrage and applicable credits will remain the same. The value
of each credit will be the same as the relief rate allowed for strikes and lockouts.
 If strike or lockout is caused by parties other than BNSF, the following relief rates shall
apply:
o Demurrage days will be charged at the rate of $40 per day.
o Unit Train and Shuttle charges as defined in Section 4 will apply.
o Hazardous storage charges will remain $75 per day.

Unclaimed, Refused or Rejected Cars

Loaded cars held for more than 15 days after notification of constructive placement, and refused
or rejected cars held more than 5 days will be subject to the following:

 On day 16 after shipper has been notified of loaded cars held, shipper will be contacted
by BNSF for disposition of such cars. If disposition is not received from shipper within 5
days of such contact, the cars may be:
o Reverse routed back to shipper. Shipper will be responsible for all storage or
other charges accrued at hold point and freight charges to return car to origin.
o Considered abandoned and the contents may be sold via private sale or at
auction without periodical publication. Proceeds from the sale will be used to
satisfy charges due BNSF. Shipper will be responsible for any outstanding
charges or costs not covered by the proceeds from the sale. BNSF reserves the
right to bid at any sale.

 On day 6 after shipper has been notified of refused or rejected cars, shipper will be
contacted by BNSF for disposition of such cars. If disposition is not received from
shipper within 5 days of such contact, the cars may be:
o Reverse routed back to shipper. Shipper will be responsible for all storage or
other charges accrued at hold point and freight charges to return car to origin.
o Considered abandoned and the contents may be sold via private sale or at
auction without periodical publication. Proceeds from the sale will be used to
satisfy charges due BNSF. Shipper will be responsible for any outstanding
charges or costs not covered by the proceeds from the sale. BNSF reserves the
right to bid at any sale.

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SECTION 2 – General Railcar Demurrage
Chargeable Days are calculated by subtracting Credit Days from Debit Days. At the end of each
month, Chargeable Days are calculated for each origin and destination facility and billed
accordingly.

Rail Controlled Equipment Held for Loading or Unloading

Debit Days are calculated by adding both Constructive Placement and Industry Days.
Constructive Placement Days occur when, upon arrival at a BNSF serving yard, cars are not
ordered for placement at the customer’s facility. Constructive Placement Days begin from the first
12:01 a.m. after notification of car arrival until ordered for placement at the customer’s facility.
Industry Days occur when rail-controlled cars are held at an origin or destination facility waiting to
be released. Industry Days begin from the first 12:01 a.m. after the later of Actual Placement or
Want Date (for loading only), until released.

Credit Days are days allowed to load or unload rail controlled equipment and are used to offset
Debit Days. For empty rail controlled cars, one (1) two Credit Days per car will be allowed for
loading. For loaded rail controlled cars, two (2) Credit Days will be allowed for unloading. Credits
can only be used to offset debits on the car under which they were earned. Any excess credits on
an individual car cannot be carried forward in the calculation of demurrage charges on any other
car. Excess credit days do not accrue for future months, carry over to other facilities, or apply to
any other demurrage provisions published elsewhere in this Book.

 Chargeable Days for loaded cars waiting to be unloaded are billed at $150 per day.
 Chargeable Days for empty cars waiting to be loaded are billed at $75 $150 per day, with
the exception that empty railroad controlled mechanical refrigerator cars are billed
at $150 per day.*
o *per BNSF Demurrage Book changes effective July 15, 2014

Private Controlled Equipment Held for Loading or Unloading

Chargeable Days occur when, upon arrival at a BNSF serving yard, cars are not able to be
ordered for placement at the customer’s facility. Charges will begin at the first 12:01 a.m. after
notification of car arrival and will continue while held on railroad tracks until order for placement
is received.

 Chargeable Days for all cars are billed at $150 per day.

Equipment Held for Purposes other than Loading or Unloading

Occasionally either rail controlled or private controlled cars are held on rail controlled tracks while
awaiting shipper’s instructions, held for overweight reduction, held for a diversion request or
consigned or waybilled for delivery to a connecting carrier.

Chargeable Days will begin at the first 12:01 a.m. after Constructive Placement and will continue
while held on railroad tracks, until request for disposition advice is received by BNSF or car is

8
ordered or refused. On cars received from a connecting carrier, Chargeable Days will be
computed from actual receipt by BNSF until date and time of disposition. Any excess credits on
an individual car cannot be carried forward in the calculation of demurrage on any other car.
Excess credit days do not accrue for future months, carry over to other facilities, or apply to any
other demurrage provisions published elsewhere in this book.

 Chargeable Days for all cars are billed at $150 per day.

SECTION 3 - Additional Terms and Fees

Charges on Cars Containing Explosives or Hazardous Materials.

Any loaded car containing Explosives or Hazardous Materials that is held on BNSF tracks,
including team tracks, is subject to an additional fee of $75 per day. The $75 per day charge will
be in addition to, and run concurrent with, the applicable per day demurrage charge.

Explosives are defined as Class A, B and C Explosives as named in Part 172, Commodity List,
and Tariff Bureau of Explosives (BOE) 6000-Series.

Hazardous Materials are defined as "Hazardous Wastes" and "Hazardous Substances" as named
in Hazardous Materials Regulations of the U. S. Department of Transportation in 40 C.F.R. §§260
through 263 and 49 C.F.R. §171.8 or any successors thereof.

Charges assessed under this sub-section cannot be offset by credits named in previous sections.

Charges on Cars Containing Inhalation Hazard and Explosives.

BNSF will not allow the loading or unloading of any commodities listed in BNSF Rule Book 6100B,
Section 1150 and 1158 (BNSF Rule Book 6100-series) on any team track owned or leased by
BNSF. In the event of a conflict in this sub-section and with other parts of this Book, this sub-
section will take precedence.

Any loaded car containing hazardous commodities designated as toxic/poison inhalation hazard,
radioactive material and explosives that is held on BNSF tracks, including team tracks, is subject
to a daily fee of $1,500 for the first chargeable day and $2,500 per subsequent chargeable days.
This fee will be in addition to, and run concurrent with, the applicable per day demurrage charge.
Charges will be assessed on cars constructively placed, and cars without proper shipping
instructions:

 Received from a connecting carrier.

 Pulled from private tracks.
 Held on BNSF tracks, moving from the United States to Canada, or from Canada to the
United States or from Mexico to the United States, or from United States to Mexico that
require entry and/or government inspection. Cars will be considered released at time
clearance is obtained.

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Charges will be computed from the first hour after notification of constructive placement and
continue until a closing event is received.

Total hours will be divided by 24 to determine number of demurrage days. Charges will be
assessed for each demurrage day, or fraction thereof, including Saturdays, Sundays and
holidays. Charges assessed under this sub-section cannot be offset by credits named in previous
sections.

In addition to the above charges, consignees and consignors will be liable for all Federal, State,
and Local penalties or fines which may be assessed for the holding of railroad-controlled cars on
railroad controlled tracks when the receiving party has impeded delivery of the car. Consignees
and consignors will be responsible for any cost incurred by BNSF for providing protection or
surveillance of any commodities subject to this sub-section while held on BNSF property.

Charges on Heavy Duty Cars

Any heavy duty car that is held on BNSF tracks, including team tracks, is subject to an additional
fee of $250 per day. The $250 per day charge will be in addition to, and run concurrent with, the
applicable per day demurrage charge.

Heavy Duty cars are defined as QTTX, KRL, LNAC, and ALT marked railcars with load limits in
excess of 200,000 lbs. and any commercial, rail-controlled railcar with a load limit in excess of
240,000 lbs. Excludes STCCs: 3511206, 3511207, 3511208, 3511209.

Assigned Car Storage

The rules and charges in this sub-section apply to empty railroad owned or controlled cars,
assigned to a given BNSF customer pool at a specific location on BNSF for their sole use.

When a car subject to this sub-section arrives at the designated point of assignment or serving
yard, notice containing the car initials and number shall be sent or given to the pool car assignee.
In the event such car cannot be reasonably accommodated at designated point of assignment,
the car will be held at any available hold point and notice will be sent or given to the pool car
assignee containing advice of such holding. An additional notice will not be required when the car
reaches the designated point of assignment.

Charges are calculated by adding charges for both Constructive Placement and Industry Days.
Constructive Placement Days begin from the first 12:01 a.m. after notification of Train Arrival until
car want date. Constructive Placement Days are assessed at $25 per day. Industry Days begin
from the first 12:01 a.m. after Actual Placement until released and are billed at $75 per day.

Other Exceptions

 For loaded Straggler Cars for AG unit trains and shuttles, a total of five (5) Credit Days
per car will be allowed for unloading.
• For Wind Cars (STCCs 3511206 – 3511209 & STCC 3533137), should power not stay
with the train, five (5) credit days per car will be allowed for loading and four (4) Credit
Days per car will be allowed for unloading.
 For rail controlled mechanical refrigerated cars, one (1) Credit Day per car will be allowed
for loading or unloading.
 Customers with a scheduled service plan of one (1) day per week will receive seven (7)
total credit days to load or unload.
 Customers with a scheduled service plan of two (2) days per week will receive four (4)
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 total credit days to load or unload.
 Customers transporting Wheat, Durum, Malt and Barley products will receive two (2)
credits to load rail controlled cars.
 Customers transporting Clay will receive two (2) credits to load rail controlled cars.
 All cars, both Rail-Controlled and Private, placed on Team Tracks will receive two (2)
credits to unload or one (1) credit to load.

Change of Want Date for Wind Trains

If the “want date” is changed for a wind train, demurrage charges are applicable immediately upon
spotting of the train at the temporary holding location. Demurrage charges, as outlined in Section
2, will be computed from the time the train is spotted until its release to move to loading location.

Aviation (STCC 37299) Equipment Held for Purposes other than Loading or Unloading

Occasionally either rail controlled or private controlled cars transporting aviation equipment are
held on rail controlled tracks while awaiting track capacity or other instructions at destination.
Chargeable Days will begin at the first 12:01 a.m. after Constructive Placement and will continue
while held on railroad tracks, until request for disposition advice is received by BNSF or car is
ordered. On cars received from a connecting carrier, Chargeable Days will be computed from
actual receipt by BNSF until date and time of disposition. Any excess credits on an individual car
cannot be carried forward in the calculation of demurrage on any other car.

Excess credit days do not accrue for future months, carry over to other facilities, or apply to any
other demurrage provisions published elsewhere in this book.

 Chargeable Days for all cars are billed at $500 per day. On cars received from a
connecting carrier, Chargeable Days will be computed from actual receipt by BNSF
until date and time of disposition. Any excess credits on an individual car cannot be
carried forward in the calculation of demurrage on any other car.

SECTION 4 – Shuttle and Unit Train Demurrage

This section applies to any party loading or unloading a train made up entirely of a single STCC
code or commodity as defined below that is to be placed and released as required as a whole
unit, and in which locomotive power remains with the train throughout loading/unloading unless
otherwise provided. Charges, times and events described apply to rail-controlled and private
equipment for all customers utilizing the defined rules and rates. Cars separated from a unit train
for any reason will be treated under the provisions in Section 1 or Section 2 of this Book as
determined by car ownership.

Shuttles Rules

Provisions regarding shuttle rules in this section are applicable to trains meeting the requirements
of the Efficiency Program as outlined in Items 13500 & 13501 of BNSF Rate Book 4022 Series
(Shuttles). Cars separated from a shuttle because of mechanical failure or other railroad issues
and arriving at destination on different day than the shuttle will be treated under the provisions in
Section 2 or Section 3 of this Book.

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Cars identified as overloaded, having a shifted load or otherwise required to be set out due to
Shipper or Shipper’s agent’s failure to conform to BNSF’s loading guidelines shall not be
considered as a Straggler car and will be subject to applicable charges.

Shuttles Held for Loading

Loading is complete when train is in conformity with BNSF loading and clearance rules, advice
the train is available for movement has been received, and the shipping instructions have been
furnished.

Release:

Date and time that BNSF receives shipping instructions as required in BNSF Rate Book 4022 and
advice that train is available for movement.

Trains placed on industrial interchange tracks of a loader doing its own switching, including those
tracks of an industrial switch line acting as agent of loader, must also be returned to the industrial
interchange track for release.

Calculation:

Constructive placement time will be computed from the time of constructive placement and
continue until train is ordered to spot or if constructively placed en route will continue until train
departs hold point. Industry time will be calculated from the later of Placement or Want Date and
time until loading is completed as defined in this sub-section.

 Each train will be allowed 24 hours free time for loading.

 Constructive placement, industry and hold for billing times will be added together and free
time subtracted.
 Each hour or fraction of hour beyond free time will be charged at $600 per hour per train.
 Each hour or fraction of hour beyond 48 hours will be charged at $1,000 per hour per train.

Shuttles Held for Unloading

Release:

Date and time that BNSF receives advice that train is empty and available for movement. Trains
placed on industrial interchange tracks of an unloader doing its own switching, including those
tracks of an industrial switch line acting as agent of unloader, must be returned to the industrial
interchange track for release in order to be considered available for movement.

Calculation:

Constructive placement time will be computed from the time of constructive placement and
continue until train is ordered to spot or if constructively placed en route will continue until train
departs hold point. Industry time will start when train is placed and continue until train is released.

 Each train will be allowed 24 hours free time for unloading.

 Constructive placement and industry time will be added together and free time subtracted.
 Each hour or fraction of hour beyond the free time will be charged at $600 per hour, per
train.

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Unit Crude Oil Trains (STCC 1311110) Held for Loading and Unloading Calculation

Calculation:

 Demurrage for constructive placement will be computed from the time of constructive
placement (CP), and will remain on demurrage until the train departs the CP location.
 The total amount of CP time for each train will be added together and rounded to the
nearest hour. Up to 6 hours of CP Free Time will be given to each applicable train. When
the 6 hours has expired and the train has not departed the CP location, demurrage fees
will commence from the start of constructive placement time at a rate of $600 per hour per
train.
 Trains constructively placed en route to an offline location will be governed as set forth
below in this Section 4.
 Industry time will be calculated from actual placement time (AP) until the train is released
for departure with proper billing in place (RI).
 The Industry time for all trains released back to BNSF within a calendar month will be
added together and divided by the number of trains released, resulting in an Average
Industry time, which will be rounded down to the last completed hour.
 If the Average Industry time is greater than 24 hours, then demurrage charges will be
assessed by multiplying $300 by each hour in excess of 24 hours, multiplied by the total
number of trains released in the calendar month.
 If the Average Industry time is less than 18 hours, then demurrage credits will be given by
multiplying $300 by each hour less than 18 hours, multiplied by the total number of trains
released in the calendar month.
 Accrued credits are to be used only to offset accrued constructive placement fees during
the same calendar month. Should the net of credits and debits reach zero, then no bill will
be assessed and excess net credits are also zeroed out for that month.
 All days are chargeable or eligible for credits.

Other Unit Trains Held for Loading and Unloading Calculation (Non Unit Crude Oil
Trains)

Calculation:

Demurrage for constructive placement will be computed from the time of constructive placement
(CP), and will remain on demurrage until train departs hold location. Industry time will be
calculated from placement time (AP) until the train is released for departure with proper billing in
place (RI).

 Free Time and hourly rate for each train are listed below, except for trains constructively
placed en route which are subject to charges described within the Trains Constructively
Placed en Route to an Offline Destination later in this Section 4.
 For Other Unit Train Free Time, constructive placement and industry time will be added
together and rounded up to the nearest hour, from which free time will be subtracted.
 All days are chargeable, except as indicated in the Other Unit Train Holiday Table.

Other Unit Train Free Time

Commodity STCC Hourly Rate Free Time

Broken/Crushed Stone 14219 $600 30 Hours
Dry Distilled Grains 20823 & 20859 $600 72 Hours
Gluten Feed 2042175 $600 72 Hours
Canola Meal 2093922 $600 48 Hours
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 Soybean Meal 2092314 $600 48 Hours
Taconite 10-111,10-112,10-113 $600 4 Hours
Grain Unit Trains Containing 24 or more $600 48 Hours
cars of 01137
All Other Unit Trains Varies $600 24 Hours

Drop and Hook Unit Train Operations

For unit trains where power from an inbound train is swapped to an outbound train, demurrage
charges related to industry time will be calculated based on 24 hours Free Time.
 Industry time greater than 24 hours is chargeable at $600 per hour.
 Constructive Placement is chargeable at $600 per hour from the start of constructive
placement until the train departs the hold location.

Activities Other than Standard Train Operations

Upon reasonable request by Shipper or Consignee, BNSF may remove locomotive power and
release crew from a Shipper/Consignee location. Under these circumstances, the requesting
party(ies) shall pay a release of power charge of $6,000 per occurrence, plus any miscellaneous
switching charges that may apply. The release of power charge covers the removal and return of
power for that train. A request to remove power may be considered reasonable when a designated
unit train is to be stored for greater than 72 hours and the request is made prior to train arrival, or
when more than 96 hours elapses without movement once the designated unit train is placed at
the Shipper/Consignee location. In the event BNSF determines a request to be unreasonable
under the terms stated above in this sub-section, demurrage charges will apply.

If a unit train is to be stored greater than 72 hours and a Shipper or Consignee does not request
power to be removed, BNSF may choose to remove power and a $6,000 release of power charge
may apply in addition to the dwell accumulated through the time the power is released.

Upon reasonable request by Shipper or Consignee, BNSF will deliver a Unit Train to or pick-up a
Unit Train from a maintenance facility, storage track, interchange point or other location on the
route-of-movement. If release of locomotive power is required, the requesting party(ies) shall pay
BNSF a release of power charge of $6,000 per occurrence, plus any miscellaneous switching
charges assessed by BNSF and any other carrier or entity that may apply.

If BNSF is required to separate the loaded or empty train set into blocks of cars or singles,
additional switch fees will apply per BNSF Switching Book 8005-D.

If BNSF arrives at a maintenance facility, storage track, interchange or other location on the route-
of-movement to drop-off or pick-up a Unit Train and the Unit Train is not available for any reason,
an additional charge of $6,000 per occurrence shall apply.

If release of locomotive power occurs, all rail-controlled cars on industry tracks and private cars
on rail-controlled tracks will be assessed applicable charges per Sections 1 or 2 of this Book until
power is restored, in addition to the $6,000 removal of power fee.

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If a Unit Train is held on rail-controlled tracks for private railcar repair, Shipper or Consignee will
be assessed a charge of $600 per hour to be calculated starting from the first hour the train is
held for repair.

These provisions are intended for the non-routine use by Shippers in response to extraordinary
circumstances and may not be used to circumvent otherwise applicable charges that may apply,
including charges resulting from the expiration of Loading or Unloading Free Time.

Pre-Release for Unit Trains

Shipper, Shipper’s agent or Receiving Party shall pre-release Unit Trains using the Unit Train Pre-
Release web feature at www.bnsf.com and following the Pre-Release web instructions. The Pre-
Release feature allows parties to notify BNSF of an estimated time when the Unit Train will be
made available, loaded or unloaded.

Shipper, Shipper’s agent or Receiving Party can register by clicking on the “Register/Login
Customer” link on the BNSF Home Page. Shipper, Shipper’s agent or Receiving Party can also
access the Pre-Release web feature though BNSF’s Voice Customer Recognition (VCR) phone
system. To access the VCR system, please call 888-428-2673, Option 2 and follow the Pre-
Release VCR instructions. Please Note: Pre-Release for Unit Trains is only applicable to
customers directly served by BNSF. If pre-release does not occur, train is considered actually
placed and assessed charges as applicable until released.

Trains Constructively Placed en Route to an Offline Location

Any loaded or empty train destined to an offline station held at, or short of, interchange point will
be charged at $600 per hour. Demurrage will be computed from the time of constructive
placement and continue until train departs hold point. Each train constructively placed en route
will be allowed no free time.

All applicable charges will be due from the receiving party unwilling or unable to accept delivery.
If the receiving party does not normally do business directly with BNSF, then the shipper will be
responsible for all applicable charges.

Planned and Unplanned Shutdown

Planned shutdown information must be communicated in writing to the BNSF Energy Desk at
UnitTrainDesk@BNSF.com and an email must be sent to DSES.UnitTrains@BNSF.com.

In the event of an unplanned shutdown, customer is responsible for demurrage charges for the
first 24-hour period after the load/unload window. If a situation calls for an extended shutdown,
then the customer must contact BNSF during the load/unload window. An email must be sent to
DSES.UnitTrains@BNSF.com and the Energy Desk at UnitTrainDesk@BNSF.com no more
than 24 hours after the occurrence including date, time and individual within BNSF they
contacted.

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SECTION 5 - Non-Chargeable Holidays
The following days will be considered as Non-Chargeable Days for both rail controlled and private
controlled equipment for Manifest Trains.

US Holiday Date Description

New Year’s Day January 1
Martin Luther King Day Varies 3rd Monday in January
Presidents’ Day Varies 3rd Monday in February
Good Friday Varies Friday before Easter
Easter Sunday Varies
Memorial Day Varies Last Monday in May
Independence Day July 4
Labor Day Varies 1st Monday in September
Thanksgiving Day Varies 4th Thursday in November
Day after Thanksgiving Varies
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31

Canadian Holiday Date Description

New Year’s Day January 1
Good Friday Varies Friday before Easter
Easter Sunday Varies
Victoria Day Varies Monday preceding May 25
Canada Day July 1
Civic Holiday Varies 1st Monday in August
Labor Day Varies 1st Monday in September
Thanksgiving Day Varies 2nd Monday in October
Remembrance Day November 11
Christmas Eve December 24
Christmas Day December 25
Boxing Day December 26

Shuttle Holiday Table: Applicable only to Ag Shuttles within Section 4

Start Start End End

Stations Day
Date Time Date Time
Loading/Unloading New Year’s December 31 0001 January 2 0600
Loading/Unloading Thanksgiving Wednesday 1800 Friday 0600
Loading/Unloading Christmas December 24 0600 December 26 0600
Portland, OR Each Month 2nd Wednesday 1500 2nd Wednesday 2400
Seattle, WA Each Month 2nd Thursday 1500 2nd Thursday 2400
Tacoma, WA Each Month 2nd Thursday 1500 2nd Thursday 2400
Vancouver, WA Each Month 2nd Wednesday 1500 2nd Wednesday 2400
Longview, WA Each Month 2nd Wednesday 1500 2nd Wednesday 2400
Kalama, WA Each Month 2nd Wednesday 1500 2nd Wednesday 2400

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  Train Order Want Date: Date specified by customer or BNSF AG Operations or actual
placement of train for loading.
 Train Order Want Time: Time is specified as constructive placement time or the time
specified by BNSF AG Operations.

Other Unit Train Holiday Table: Applicable only to Unit trains within Section 4 (Not applicable to
Unit Crude Oil Trains)

Start Start End End

Stations Day
Date Time Date Time
Loading/Unloading New Year’s December 31 0600 January 2 0600
Loading/Unloading Easter Sunday Saturday prior 1800 Monday after 0600
Loading/Unloading Independence Day July 4 0700 July 5 0700
Loading/Unloading Thanksgiving Wednesday 1800 Friday 0600
Loading/Unloading Christmas December 24 0600 December 26 0600

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SECTION 6 - Index of Terms
Actual Placement: When a car is placed in an accessible position for loading or unloading or at a
point designated by the consignor, consignee or party loading or unloading the car or as
reasonably designated as an accessible placement location by the railroad.

Assigned Cars: The assignment of cars to a given shipper at a specific location as defined in Car
Service Rule 16 and Car Hire Rule 22 as published in the Official Railway Equipment Register.

Billing Cycle Record: A record for private car that is in constructive placement status awaiting
disposition or order for placement at midnight on the last day of each billing cycle resulting in the
computation of time and applicable charges.

BNSF: BNSF Railway Company.

Chargeable Day(s): The difference between the debits applied to a car minus any earned or
allowed credits. Chargeable days multiplied by the applicable daily demurrage rate determines
the chargeable amount.

Debit Day(s): The days a car sits waiting to be placed at a customer facility or sitting a customer’s
facility.

Credit Day (s): The amount of free days allowed to load or unload a rail car. Credit Days are used
to offset Debit Days when calculating Chargeable Days.

Closing Event: The event in a car cycle that closes the cycle and results in computation of time
and applicable charges.

Commodity: The contents in the equipment (loaded or empty) described on the shipping
instructions. The actual commodity corresponds to an associated STCC (See STTC).

Consignee: The party designated on the bill of lading as the consignee or receiver. For purposes
of this Tariff, the Consignee also includes the person or entity that receives the loaded railcars for
unloading whether or not listed on the bill of lading as the consignee or receiver.

Consignor: The party designated on the bill of lading as the consignor or shipper. For purposes
of this Tariff, the Consignor also includes the person or entity that receives the empty railcars for
loading whether or not listed on the bill of lading as the consignor or shipper.

Constructive Placement: When a car cannot be actually placed or delivered because of any
condition attributable to the consignee, consignor, loader or unloader, such car will be held by
BNSF short of actual placement and notice will be sent or given to the party entitled to receive
notification that the car is held awaiting disposition instructions. Such cars which have been placed
by BNSF on private or other than team tracks, including lead tracks serving the loader or unloader,
will be considered constructively placed without notice.

Constructive Placement Time: The time from constructive placement notice until a car is ordered
for placement.

Disposition: Information, including shipping instructions and/or release, which allows the railroad
to either tender or release the car.

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Empty Release Information: Advice by unloader or consignee given to an authorized
representative of BNSF that a car is partially or completely unloaded and available to BNSF.

Extended Use Fee: A charge for a mechanical device used to control temperatures in refrigerated
rail cars. EUF Day is a twenty-four (24) hour period or fraction thereof. The daily fee is in addition
to standard demurrage charges.

Free Time: Duration from the time that Actual Placement occurs that a receiving party is granted
to load or unload the Unit Train. Demurrage charges begin to accrue when the allowed Free Hours
for the identified commodity have been exceeded and a Release has not been communicated to
BNSF though the required process.

Shipping Instructions: A bill of lading or other suitable instructions given to an authorized

representative of BNSF that contains all of the necessary information which allows for the
immediate movement under either line haul or switching services provided by BNSF.

Initial Placement: The actual placement, subsequent to arrival or interchange receipt at

destination, of a private car on private tracks.

Industrial Interchange Track: Designated delivery or receipt track or tracks for the exchange of
cars between carrier and customer performing their own switching including industrial switch line
acting as agent for Customer.

Industry Time: The time from actual placement or notification of placement to team tracks until
release and receipt of shipping instructions, if applicable. The time from interchange receipt of a
loaded car or a loaded private car released and held on railroad controlled tracks until shipping
instructions are received.

Leased Track: A track leased to a customer through a written lease agreement and is considered
the same as a private track for demurrage purposes.

Loader: Party physically loading the car.

Loading: The loading of a car, unit train or shuttle in conformity with BNSF loading and clearance
rules, advice that the equipment is available for movement and the furnishing of shipping
instructions.

Loading Facility: Equipment necessary to load the desired commodity at origin to the Unit Train
and any support facilities used in the handling of the desired commodity including rail trackage,
storage facilities, load-out facilities and necessary systems used for moving the commodity from
the storage and all intermediate phases to the load-out facility.

LOGS: Loading Origin Guarantee Service is a guaranteed placement program.

LUX Code: A code used by BNSF to identify transactions and sub-transactions related to
demurrage.

Non-Credit Customer: Any customer that has not established credit under the BNSF credit policy
guidelines.

Order in Customer: A customer who, by prior arrangement, has notified BNSF that cars shall not
be placed, or considered to be placed, for loading or unloading, until BNSF has received an order

19
for placement from said customer. Until such order for placement is received, cars will be on
constructive placement.

Order in Time: In order for a car on constructive placement to be spotted at a customer's facility,
the party entitled to receive the car must order the car for placement. This order in request must
be made in accordance with the instructions provided by BNSF on the Constructive Placement
Notice. The date and time that BNSF receives the order for placement will be considered the
Order In Time and this time will be made part of that car's demurrage record, except when BNSF
receives a request with a future order date, the request must include a date and time of the future
order, and this date and time will be made part of that car’s demurrage record.

Pre-Release: A notification given to the carrier by a customer advising train will be ready for
movement in a set amount of time. A pre-release does not constitute a release for demurrage
purposes.

Private Car: A car which is not a railroad owned or controlled car.

Private Track: Any track which is not owned or leased by a railroad.

Public Delivery Track: Any track for use by the general public for loading and unloading (i.e. Team
Track).

Rail Equipment: Used in the transportation of goods between points on a rail network, including,
but not limited to, locomotives and “Car(s)” which is equipment under ownership or control of
BNSF, another carrier, or leased/owned by a private party.

Railroad-Controlled Car: A car owned or controlled by a railroad including those bearing other
than railroad reporting marks provided to a railroad directly by car companies or others for use by
a railroad in serving any of its customers.

Railroad-Controlled Tracks: Any track designated by BNSF not defined as a Leased Track or
Private Track.

Receiving Party: Any entity or person that receives or is supposed to receive rail cars from BNSF
or on behalf of BNSF for loading or unloading including, but not limited to, shipper, consignor,
consignee, operating customer, transloader, warehousemen, business park operators, industrial
park operators, logistics park operators, agents and third party logistics providers.

Refused Car: A car refused without being loaded or unloaded.

Release: Except as otherwise provided in this Book, the term “release” means the notification
received from loader or unloader that loading or unloading of a car has been completed and the
car is available for movement and shipping instructions have been received.

Reshipped/Reshipment: The entire original shipment is forwarded in the same car to another
destination.

Shipper: Person, party or legal entity shipping or arranging for the shipment of freight from origin,
usually the person sending the shipping instructions (see Consignor). For purposes of this Tariff,
the Shipper also includes the person or entity that receives the empty railcars for loading.

Shuttles: A train loaded or unloaded by a customer under special provision of Section 4 of this
Book.
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Spot on Arrival: BNSF, without notification, will place cars for loading or unloading immediately
upon their availability for placement.

Spot on Arrival Customer: Cars for loading or unloading are ordered to the facility if capacity is
available. If constructive placement of a car is necessary, the car will not be placed for loading or
unloading until BNSF has received an order for placement. If a customer has elected automatic
ordering of constructively placed cars, as cars are released and spotting capacity is made
available, equipment will be ordered in.

Storage Day: A twenty-four (24) hour period or fraction thereof.

Straggler: Cars that were loaded or unloaded as part of a Shuttle but were removed from the
Shuttle while en route to the identified loading or unloading facility by BNSF due to being identified
as “bad order”. Cars removed from a Shuttle due to being overloaded, having a shifted load, or
other reason attributed to the Shipper shall not be identified as a Straggler.

Team Track: Any track designated by BNSF for use by the general public for loading and
unloading (i.e. Public Delivery Track). Team Tracks are for limited use with no more than 52 cars
per year to be shipped or received.

Time: Local time applicable.

Tendered for Delivery: All cars made available to a customer that have been constructively placed
or ordered for placement on the same day.

Unit Train: Any assemblage of like cars with BNSF-supplied locomotives and end-of-train devices
necessary for the movement of a desired commodity of a particular STCC code.

Unloader: Party physically unloading a car.

Unloaded/Unloading: The complete or partial unloading of a car, unit train or shuttle and advice
the equipment is available for movement and the furnishing of shipping instructions when
required.

Unloading Facility: Equipment necessary to unload the desired commodity at the destination from
the Unit Train, and all support facilities necessary to the unloading of the desired commodity to a
storage location, including rail trackage, unloading facilities and necessary systems used for
moving the commodity from the unloading facility.

Want Date: The date for which customer requested Rail-Controlled car for loading.

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