Port of Corpus Christi

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Port of Corpus Christi Pilot Board Meeting Tuesday, January 13, 2015 9:30 AM

NOTICE OF MEETING The Port Commission ( Commission ) of the Port of Corpus Christi Authority ( PCCA ) will hold a Pilot Board Meeting on Tuesday, January 13, 2015, at 9:30 AM, at the Congress Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas, or if later than 9:30 a.m., at the conclusion of the Port Commission meeting in progress in the Nueces Room.. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Sherry DuBois at 885-6174 at least 48 hours in advance so that appropriate arrangements can be made. Si usted se dirige a la junta y cree que su inglés es limitado, habrá un intéprete inglés español en la reunión de la junta para ayudarle. Members of the audience will be provided an opportunity to address the Port Commission. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. PUBLIC NOTICE is given that the Commission may go into executive session at any time during the meeting to discuss matters listed on the agenda when authorized to do so by the provisions of Section 418.183 or Chapter 551 of the Texas Government Code. In the event the Commission elects to go into executive session regarding any agenda item, the presiding officer will publicly announce the section or sections of the Texas Government Code authorizing the executive session. The agenda for the meeting is as follows: 1. Call meeting of the Pilot Board to order and receive conflict of interest affidavits. 3 2. Approve the minutes of the Pilot Board meeting held on 9 September 2014. 8 3. Comments from the public. (Each speaker will be limited to three minutes.). 10 4. Introduce new Aransas-Corpus Christi Pilots Presiding Officer- Capt Louis Adams. 11 5. Determine whether Deputy Branch Pilot Kevin Monaco is qualified to be a Branch pilot to and from the Port of Corpus Christi and certify such finding to the governor. 6. Approve re-appointment of John Williams as a Branch pilot. 16 7. Consider and take action on the proposal to add the operational details of the 357' Combined Beam Restriction (when vessels are berthed at the ADM Grain Elevator and CITGO Dock #1) to the Pilot Board s Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel. 8. Adjourn 12 17

AGENDA ITEM NO. 1 SUBCHAPTER C. PILOTS' LICENSES OR CERTIFICATES Sec. 70.031. LICENSES OR CERTIFICATE REQUIRED. A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Port of Corpus Christi. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.032. QUALIFICATIONS FOR LICENSE. To be eligible for a license as a branch pilot, a person must: (1) be at least 25 years of age; (2) be a United States citizen; (3) as of the date the license is issued, have resided continuously in the state for at least two years; (4) have at least two years' service as a deputy branch pilot under the supervision of a state-commissioned pilot serving the Port of Corpus Christi; (5) have controlled the navigation of vessels such as the person would pilot; (6) have extensive experience in the docking and undocking of vessels; (7) be in good mental and physical health; (8) have good moral character; and (9) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.033. QUALIFICATIONS FOR CERTIFICATE. To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; 3

AGENDA ITEM NO. 1 (2) be a United States citizen; (3) be appointed by a branch pilot; (4) be in good mental and physical health; (5) have good moral character; and (6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.034. APPLICATION FOR LICENSE OR CERTIFICATE. To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.035. CONSIDERATION OF APPLICATION. As part of its consideration of applications for licenses, the board may examine and decide on the qualifications of an applicant for the position of branch pilot. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.036. BRANCH PILOT APPOINTMENT BY GOVERNOR. (a) On filing of the bond and oath required by Section 70.038, the board shall certify to the governor that a person licensed as a branch pilot has qualified. (b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from the Port of Corpus Christi. 4

AGENDA ITEM NO. 1 (c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for the Port of Corpus Christi. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.037. DEPUTY BRANCH PILOT APPOINTMENT BY BRANCH PILOT. (a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. (b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable. (c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.038. OATH AND BOND. (a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b). (b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties. (c) Each bond must be approved by the board. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.039. TERMS OF LICENSES AND CERTIFICATES. (a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed. 5

AGENDA ITEM NO. 1 (b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. Sec. 70.040. BRANCH PILOT'S LICENSE RENEWAL. (a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license. (c) Probable cause not to renew a license exists if the board finds that the license holder: (1) does not possess a qualification required by this chapter for pilots; or (2) has a disability that will affect the license holder's ability to serve as a pilot. (d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license. (e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license. (f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if: (1) the pilot does not contest the board's decision not to renew the license; or (2) the board after a hearing finds that it has probable cause not to renew the license. 6

AGENDA ITEM NO. 1 (g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed. Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997. 7

AGENDA ITEM NO. 2 OFFICIAL MINUTES OF PILOT BOARD MEETING SEPTEMBER 9, 2014 The Board of Pilot Commissioners for the Port of Corpus Christi Authority (the Pilot Board ) met on Tuesday, September 9, 2014, at 8:00 a.m., at the Congressman Solomon P. Ortiz International Center, 402 Harbor Drive, Corpus Christi, Texas. Commissioners Present: Staff Present: Others Present: Others Present: Ms. Judy Hawley Mr. Richard Borchard Mr. Charles Zahn Mr. Al Jones Ms. Barbara Canales Mr. David P. Engel Mr. John LaRue Mr. Frank Brogan Mr. Tony Alejandro Mr. David Krams Mr. John Pasch Ms. Sherry DuBois Mr. Leo J. Welder, Jr. Mr. Richard R. Valls Valls Group Capt. John Williams Capt. John Edwards Aransas/CC Pilots Assn. Capt. Joe Harrington Ms. Lillian Riojas Valero Bill Greehey Refinery Mr. Mark Avelar CITGO Mr. Xavier Valverde G&H Towing Mr. Leo Trevino Coastal Bend Bays & Estuaries I. Chair Hawley called the meeting to order and asked for any conflict of interest affidavits. None were submitted. 09-09-14-Pilot Board Pg 1 of 2 8

AGENDA ITEM NO. 2 II. On motion made by Ms. Canales and seconded by Mr. Borchard, the minutes of the Pilot Board meeting held on August 12, 2014 were approved in the form presented to the meeting. Chair Hawley asked for comments from the public. None were received. III. IV. On motion made by Mr. Zahn and seconded by Mr. Engel, the Pilot Board approved the appointment of Capt. John Lucius Edwards as branch pilot. V. On motion made by Mr. Borchard and seconded by Mr. Jones, the Pilot Board designated John LaRue as secretary of the Pilot Board. VI. The Pilot Board accepted staff s recommendation to take no action concerning Valero s proposed amendment to the Work-Rest Requirements for the Aransas-Corpus Christi Pilots. VII. There being no further business, the meeting adjourned at 8:15 a.m. 09-09-14-Pilot Board Pg 2 of 2 9

AGENDA ITEM NO. 3 No Attachment 10

AGENDA ITEM NO. 4 No Attachment 11

AGENDA ITEM NO. 5 12

16 AGENDA ITEM NO. 6

AN ORDER OF THE BOARD OF PILOT COMMISSIONERS FOR THE PORT OF CORPUS CHRISTI AUTHORITY REGARDING COMBINED BEAM RESTRICTION Whereas, the current Rules and Regulations Governing Pilots and Pilotage on the Corpus Christi Ship Channel ( Pilotage Rules and Regulations ), approved and adopted by the Board of Pilot Commissioners for the Port of Corpus Christi Authority ( Pilot Board ) in accordance with Chapter 70, Texas Transportation Code, are attached hereto as Attachment One; and Whereas, the Pilot Board wishes to amend the Pilotage Rules and Regulations by renumbering current Section VI of the Pilotage Rules and Regulations as Section VII and adding a new Section VI thereto regarding the combined beam restrictions the ADM Grain Elevator and CITGO Dock #1; and Whereas, notice of the proposed new rule has been given and posted in accordance with the requirements of Section 70.021 of the Texas Transportation Code; NOW, THEREFORE, BE IT RESOLVED by the Pilot Board that: Section 1. The Pilot Board hereby amends the Pilotage Rules and Regulations by renumbering current Section VI of the Pilotage Rules and Regulations as Section VII. Section 2. Pursuant to the power and authority granted to the Pilot Board in Section 70.016 of the Texas Transportation Code, the Pilot Board hereby amends the Pilotage Rules and Regulations by adding and adopting a new Section VI thereto to read as follows: VI 357 COMBINED BEAM RESTRICTION (Added January 13, 2015) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 1. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 357, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. 2. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order) 232376v7 1 17

3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 4. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 357. Section 3. The foregoing addition to the Pilotage Rules and Regulations shall be made on January 13, 2015. IT IS ACCORDINGLY SO ORDERED this 13 th day of January, 2015. Presiding Officer of the Pilot Board 232376v7 2 18

ATTACHMENT ONE RULES AND REGULATIONS GOVERNING PILOTS AND PILOTAGE ON THE CORPUS CHRISTI SHIP CHANNEL EFFECTIVE AUGUST 1, 2013 AMENDED EFFECTIVE MAY 13, 2014 AMENDED EFFECTIVE OCTOBER 1, 2014 I GENERAL The Rules and Regulations ( Rules ) contained herein are adopted by the Board of Pilot Commission for the Port of Corpus Christi Authority to carry out the Port of Corpus Christi Pilots Licensing and Regulatory Act, Chapter 70, Texas Transportation Code. For purposes of these Rules, the following definitions apply: CCSC means the Corpus Christi Ship Channel Cut A means the CCSC from Port Aransas to Ingleside. Cut B means the CCSC from Ingleside to the Harbor Bridge. Inner Harbor means the CCSC westward of the Harbor Bridge. Tanker means any Vessel carrying, or designed to carry, liquid cargoes in bulk. Category One Tanker means a Tanker with the following dimensions: Greater than 748 feet (227.99 meters) Length Over All (LOA), and Greater than 120 feet (36.58 meters) Beam (Width), and Greater than 40.9 feet (12.47 meters) Draft. Category Two Tanker means a Tanker with the following dimensions: Greater than 748 feet (227.99 meters) LOA, and either Greater than 120 feet (36.58 meters) Beam, or Greater than 40.9 feet (12.47 meters) Draft. II LIMITATIONS AND RESTRICTIONS Draft Restrictions The Maximum Draft for any Vessel transiting the CCSC will be 45 feet (13.72 meters), and with a positive tide reading. FROM 272940v3 Page 1 of 6 19

Combined Beam Restrictions The following Combined Beam Restrictions will apply to all Vessels: Within Cut A, the permissible combined beam for passing Vessels is 265 feet (80.77 meters). Within Cut B, the permissible combined beam for passing Vessels is 215 feet (65.53 meters). Within the Inner Harbor, at the location of the ADM and Citgo Docks, the permissible combined beam for passing Vessels (including combined beam of Vessels berthed at ADM and Citgo Docks) is 357 feet (108.81 meters). Daylight Only Passage Restrictions The following vessels are subject to Daylight Only Passage Restrictions: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under the Harbor Bridge All Category One Tankers The following applies to all Vessels subject to Daylight Only Passage Restrictions as per these Rules: Inbound Passages are restricted to Pilot boarding no earlier than ½ hour before Sunrise, and no later than the times detailed below for the various locations. Outbound Passages are restricted to Pilot boarding no earlier than Sunrise, and no later than the times detailed below for the various locations. o From Viola Basin - 5 ½ hours before Sunset o From Tule Basin - 5 hours before Sunset o From Chemical Basin - 4 ½ hours before Sunset o From Avery Basin - 4 hours before Sunset o From Main Basin - 3 ½ hours before Sunset o From Ingleside - 2 ½ hours before Sunset FROM 272940v3 Page 2 of 6 20

One Way Traffic Restrictions The following Vessels will be restricted to One Way Traffic within Cut B: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship The following Vessels will be restricted to One Way Traffic within both Cut A and Cut B: All Category One Tankers when transiting at night Two Pilot Requirements The following Vessels are required to retain the services of two Pilots for the transit: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under Harbor Bridge All Vessels with a beam of greater than 120 feet (36.58 meters), when transiting the Inner Harbor, at the ADM and Citgo Docks, when both docks are occupied All Category One and Two Tankers when transiting at night Additional Requirements All Vessels greater than 1,600 Gross Tons shall have available a functional AIS Pilot Plug. All Aransas Corpus Christ Pilots shall be provided with a Portable Pilot Unit for use during the transit. III VARIANCES Any Vessel subject to Daylight Only Passage Restrictions may transit the CCSC at night, with Two Pilots onboard, subject to the approval of both the Harbor Master and the Aransas Corpus Christi Pilots Association. FROM 272940v3 Page 3 of 6 21

Any Vessel may be exempted from One Way Traffic Procedures for all (or part) of the transit of the CCSC, subject to the approval of both the Harbor Master and Aransas Corpus Christi Pilot s Association. Any Vessel exceeding the parameters of these Rules may be subject to various restrictions, including additional pilots, Daylight Only Passage Restrictions, One Way Traffic Procedures, mandatory Tug assistance, or be denied entry. These Rules are based on normal traffic patterns and typical weather/tidal conditions. Variances from these Rules may be imposed at times by Federal, State or local authorities because of weather, prevailing channel conditions, or other reasons. IV DUTIES OF ADDITIONAL PILOTS (Added May 13, 2014) This Section IV applies only when a Vessel transiting the Corpus Christi Ship Channel requires the services of two or more Pilots. The additional Pilot(s) will assist in gaining, maintaining and assessing situational awareness, problem solving, and decision making throughout the transit. This will enable the conning Pilot to not become overloaded such that situational awareness can be maintained at all times allowing the conning Pilot to concentrate on the conduct of the Vessel in the waterway. Only one Pilot will be conning a Vessel at any given time. It will be communicated to the Bridge Team during the Master Pilot Exchange which Pilot will be conning and which Pilot(s) will be assisting. It will be subsequently communicated to the Bridge Team when the conning Pilot and the additional Pilot(s) exchange duties. The additional Pilot(s) will be engaged throughout the transit and may assist any time needed as outlined below: Boarding / Communications with crew: -Assist during Master-Pilot Exchange. -Evaluation of Vessel s navigation equipment. -Review Under Keel Clearance (UKC) issues. -Arrange traffic meeting situations. Transit of waterway: -The additional Pilot(s) may be stationed at different locations on the Vessel to aid with any visibility/deck obstruction issues. -Assess any hazards to the safe navigation of the Vessel. -Monitor position of Vessel in the channel. Docking / Undocking: -Assist during docking, undocking, close quarter situations, and turning. -Positioning of Vessel at berth / liaising with dock personnel. -Coordinate with line handlers. FROM 272940v3 Page 4 of 6 22

Accident Avoidance and Response: -Replace conning Pilot in case of incapacitation. -Handle communications with authorities. -Coordinate damage control and spill mitigation. -Coordinate tug assist. V WORK-REST REQUIREMENTS FOR PILOTS (Effective October 1, 2014) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24- hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI GENERAL CONDITIONS These Rules shall apply to all Vessels transiting the CCSC, regardless of whether the vessel is transiting under federal pilotage authority, or with a state-licensed, Aransas Corpus Christi Pilot onboard. In obeying and construing these Rules, due regard shall be had to all dangers of navigation and recognition is hereby given to the responsibility of the individual Pilot to exercise judgment as to any special circumstance which may render a departure from the Rules contained herein necessary in order to avoid immediate danger. Nothing in these Rules obligates an individual pilot to move a vessel when, in that pilot s opinion, it is unsafe to do so. These Rules made in the interest of safety. They are not intended to limit or supersede the on-scene discretion of an individual Pilot or ship s FROM 272940v3 Page 5 of 6 23

Master as they navigate vessels on the CCSC. The Pilot and Master on the vessel are best situated to evaluate the specific situation confronting a Vessel and determine a proper course of action. Situations may arise in which actions that depart from or conflict with these Rules may be necessary to address special circumstances or avoid immediate danger. The Pilot, with approval of the ship s Master, may determine a variance from the Rules is appropriate without prior written request or approval. Every foreign Vessel and every American Vessel engaged in foreign trade, including Vessels being moved dead, when underway on the CCSC shall employ an Aransas- Corpus Christi Pilot holding a valid commission or appointment as a Branch or Deputy Pilot. FROM 272940v3 Page 6 of 6 24

RULES AND REGULATIONS GOVERNING PILOTS AND PILOTAGE ON THE CORPUS CHRISTI SHIP CHANNEL EFFECTIVE AUGUST 1, 2013 AMENDED EFFECTIVE MAY 13, 2014 AMENDED EFFECTIVE OCTOBER 1, 2014 AMENDED EFFECTIVE JANUARY 13, 2015 I GENERAL The Rules and Regulations ( Rules ) contained herein are adopted by the Board of Pilot Commission for the Port of Corpus Christi Authority to carry out the Port of Corpus Christi Pilots Licensing and Regulatory Act, Chapter 70, Texas Transportation Code. For purposes of these Rules, the following definitions apply: CCSC means the Corpus Christi Ship Channel Cut A means the CCSC from Port Aransas to Ingleside. Cut B means the CCSC from Ingleside to the Harbor Bridge. Inner Harbor means the CCSC westward of the Harbor Bridge. Tanker means any Vessel carrying, or designed to carry, liquid cargoes in bulk. Category One Tanker means a Tanker with the following dimensions: Greater than 748 feet (227.99 meters) Length Over All (LOA), and Greater than 120 feet (36.58 meters) Beam (Width), and Greater than 40.9 feet (12.47 meters) Draft. Category Two Tanker means a Tanker with the following dimensions: Greater than 748 feet (227.99 meters) LOA, and either Greater than 120 feet (36.58 meters) Beam, or Greater than 40.9 feet (12.47 meters) Draft. II LIMITATIONS AND RESTRICTIONS Draft Restrictions The Maximum Draft for any Vessel transiting the CCSC will be 45 feet (13.72 meters), and with a positive tide reading. 272940v4 Page 1 of 6 25

Combined Beam Restrictions The following Combined Beam Restrictions will apply to all Vessels: Within Cut A, the permissible combined beam for passing Vessels is 265 feet (80.77 meters). Within Cut B, the permissible combined beam for passing Vessels is 215 feet (65.53 meters). Within the Inner Harbor, at the location of the ADM and Citgo Docks, the permissible combined beam for passing Vessels (including combined beam of Vessels berthed at ADM and Citgo Docks) is 357 feet (108.81 meters). Daylight Only Passage Restrictions The following vessels are subject to Daylight Only Passage Restrictions: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under the Harbor Bridge All Category One Tankers The following applies to all Vessels subject to Daylight Only Passage Restrictions as per these Rules: Inbound Passages are restricted to Pilot boarding no earlier than ½ hour before Sunrise, and no later than the times detailed below for the various locations. Outbound Passages are restricted to Pilot boarding no earlier than Sunrise, and no later than the times detailed below for the various locations. o From Viola Basin - 5 ½ hours before Sunset o From Tule Basin - 5 hours before Sunset o From Chemical Basin - 4 ½ hours before Sunset o From Avery Basin - 4 hours before Sunset o From Main Basin - 3 ½ hours before Sunset o From Ingleside - 2 ½ hours before Sunset 272940v4 Page 2 of 6 26

One Way Traffic Restrictions The following Vessels will be restricted to One Way Traffic within Cut B: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship The following Vessels will be restricted to One Way Traffic within both Cut A and Cut B: All Category One Tankers when transiting at night Two Pilot Requirements The following Vessels are required to retain the services of two Pilots for the transit: All Vessels greater than 900 feet (274.32 meters) Length Over All (LOA) All Vessels greater than 130,000 Deadweight Tonnage (DWT) All Vessels greater than 250 feet (76.20 meters) transiting Dead Ship All Vessels subject to USCG Letter of Deviation requiring Tug Escort All Vessels with greater than 26 feet (7.92 meters) trim, when passing under Harbor Bridge All Vessels with a beam of greater than 120 feet (36.58 meters), when transiting the Inner Harbor, at the ADM and Citgo Docks, when both docks are occupied All Category One and Two Tankers when transiting at night Additional Requirements All Vessels greater than 1,600 Gross Tons shall have available a functional AIS Pilot Plug. All Aransas Corpus Christ Pilots shall be provided with a Portable Pilot Unit for use during the transit. III VARIANCES Any Vessel subject to Daylight Only Passage Restrictions may transit the CCSC at night, with Two Pilots onboard, subject to the approval of both the Harbor Master and the Aransas Corpus Christi Pilots Association. 272940v4 Page 3 of 6 27

Any Vessel may be exempted from One Way Traffic Procedures for all (or part) of the transit of the CCSC, subject to the approval of both the Harbor Master and Aransas Corpus Christi Pilot s Association. Any Vessel exceeding the parameters of these Rules may be subject to various restrictions, including additional pilots, Daylight Only Passage Restrictions, One Way Traffic Procedures, mandatory Tug assistance, or be denied entry. These Rules are based on normal traffic patterns and typical weather/tidal conditions. Variances from these Rules may be imposed at times by Federal, State or local authorities because of weather, prevailing channel conditions, or other reasons. IV DUTIES OF ADDITIONAL PILOTS (Added May 13, 2014) This Section IV applies only when a Vessel transiting the Corpus Christi Ship Channel requires the services of two or more Pilots. The additional Pilot(s) will assist in gaining, maintaining and assessing situational awareness, problem solving, and decision making throughout the transit. This will enable the conning Pilot to not become overloaded such that situational awareness can be maintained at all times allowing the conning Pilot to concentrate on the conduct of the Vessel in the waterway. Only one Pilot will be conning a Vessel at any given time. It will be communicated to the Bridge Team during the Master Pilot Exchange which Pilot will be conning and which Pilot(s) will be assisting. It will be subsequently communicated to the Bridge Team when the conning Pilot and the additional Pilot(s) exchange duties. The additional Pilot(s) will be engaged throughout the transit and may assist any time needed as outlined below: Boarding / Communications with crew: -Assist during Master-Pilot Exchange. -Evaluation of Vessel s navigation equipment. -Review Under Keel Clearance (UKC) issues. -Arrange traffic meeting situations. Transit of waterway: -The additional Pilot(s) may be stationed at different locations on the Vessel to aid with any visibility/deck obstruction issues. -Assess any hazards to the safe navigation of the Vessel. -Monitor position of Vessel in the channel. Docking / Undocking: -Assist during docking, undocking, close quarter situations, and turning. -Positioning of Vessel at berth / liaising with dock personnel. -Coordinate with line handlers. 272940v4 Page 4 of 6 28

Accident Avoidance and Response: -Replace conning Pilot in case of incapacitation. -Handle communications with authorities. -Coordinate damage control and spill mitigation. -Coordinate tug assist. V WORK-REST REQUIREMENTS FOR PILOTS (Effective October 1, 2014) A Pilot s work hours may not exceed 13 total hours in any 24-hour period. After a Pilot has completed 13 total hours of work in any 24-hour period, he or she is required to take 10 consecutive hours of rest. A Pilot who works 13 total hours in the preceding 24- hour period will not be dispatched to a Vessel until the 10-hour rest period has been satisfied. Regardless of the number of hours worked, in any 24-hour period a Pilot must have at least one consecutive 6-hour uninterrupted rest period. A Pilot has the duty to refuse an assignment if the Pilot deems himself or herself insufficiently rested or unfit. Work is defined as the time a Pilot is performing his or her duties as a State commissioned and licensed pilot. A Pilot s work hours for a Vessel transit of the Corpus Christi Ship Channel ( CCSC ) start with the Vessel s first Master-Pilot Exchange ( Start Time ). In other words, all Pilots on board a Vessel will have the same Start Time. A Pilot s work hours for a transit of the CCSC stop one hour after the Pilot steps off the Vessel or when the Pilot s work hours for his or her next transit begin, if earlier ( Stop Time ). Each Pilot will record his or her Start Time and Stop Time for each transit and will report these times to the Aransas-Corpus Christi Pilots Association s dispatcher as soon as practicable following a transit. The dispatcher will log these times into a master logbook for all Pilots. The logbook may be in paper or electronic form, and it shall be made available for inspection by the Board of Pilot Commissioners for the Port of Corpus Christi Authority or its representatives upon request. VI 357 COMBINED BEAM RESTRICTION (Added January 13, 2015) A navigational choke point exists in the Corpus Christi Inner Harbor in the vicinity of the ADM Grain Elevator and CITGO Dock #1 whenever certain size vessels are moored or must pass through the area. The following guidelines were developed by the Port of Corpus Christi, the Aransas-Corpus Christi Pilots, ADM, CITGO and Valero and are currently in effect: 1. If vessel beams at both CITGO 1 and ADM are 106 or less and the passing vessel s beam causes an overage of 357, the first vessel secured at ADM or CITGO 1 will have 24 hours to move from the time the passing vessel sets shifting time order, arrives at the bar or sets a sail order. 2. If vessels are at CITGO 1 and ADM with combined beams of 212 or over, the last secured vessel will be required to move after 24 hours. Time 272940v4 Page 5 of 6 29

begins when passing vessel is ready to move. (Shifting time order, arrived at bar, sail order). 3. After vessel returns to berth, vessel may occupy berth for operations for at least 24 hours before vacating, if required. 4. Vessels must begin operations as soon as practical after securing at berth and continue to work all available hours. 5. Vessels may continue to work as long as combined beams, including passing vessel, do not exceed 357. VII GENERAL CONDITIONS These Rules shall apply to all Vessels transiting the CCSC, regardless of whether the vessel is transiting under federal pilotage authority, or with a state-licensed, Aransas Corpus Christi Pilot onboard. In obeying and construing these Rules, due regard shall be had to all dangers of navigation and recognition is hereby given to the responsibility of the individual Pilot to exercise judgment as to any special circumstance which may render a departure from the Rules contained herein necessary in order to avoid immediate danger. Nothing in these Rules obligates an individual pilot to move a vessel when, in that pilot s opinion, it is unsafe to do so. These Rules made in the interest of safety. They are not intended to limit or supersede the on-scene discretion of an individual Pilot or ship s Master as they navigate vessels on the CCSC. The Pilot and Master on the vessel are best situated to evaluate the specific situation confronting a Vessel and determine a proper course of action. Situations may arise in which actions that depart from or conflict with these Rules may be necessary to address special circumstances or avoid immediate danger. The Pilot, with approval of the ship s Master, may determine a variance from the Rules is appropriate without prior written request or approval. Every foreign Vessel and every American Vessel engaged in foreign trade, including Vessels being moved dead, when underway on the CCSC shall employ an Aransas- Corpus Christi Pilot holding a valid commission or appointment as a Branch or Deputy Pilot. 272940v4 Page 6 of 6 30