Dear IHB Customer, Shipper or Receiver of Rail Cars, Rail Business Partner and IHB Tariff Subscriber:

The Indiana Harbor Belt Railroad (IHB) would like to notify you that we will be in compliance with the following STB ruling on the way demurrage is invoiced effective on August 1, 2014, this change is made relative to the Surface Transportation Board’s decision of Docket No. Ex Parte 707, Demurrage Liability served on April 9th, 2014, that is effective July 15, 2014.

The STB decision amends the Code of Federal Regulations Title 49 to indicate that any person receiving rail cars from a rail carrier for loading or unloading in the United States may be held responsible for asset use (demurrage) charges.  Examples of such “person” include warehouses, distribution centers, care of parties, third parties, Ports, etc.  As set forth in Appendix A to the decision, the regulations (49 C.F.R. 1333) provide that:

“Any person receiving rail cars from a rail carrier for loading or unloading who detains the cars beyond the period of free time set forth in the governing demurrage tariff may be held liable for demurrage if the carrier has provided that person with actual notice of the demurrage tariff providing for such liability prior to the placement of rail cars.  The notice required by this section shall be in written or electronic form.”  The IHB Demurrage Tariff IHB-6004-A is available on the IHB web page, www.ihbrr.com.

We appreciate your business and thank you for your understanding and cooperation on this matter.

Thank you,

Jim Sheppard

Senior Director

Commercial Operations – IHB RR