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1.1    Sections 6 (a) (ii), (iii), (v) and 20 of-P.D. 857

1.2    Section 12 of PPA AO No. 03-85

2.         Scope — This Order shall cover all foreign and domestic vessels with 500 gross registered tonnage and above which dock/undock/moor/unmoor within the jurisdictional area of the Manila International Container Terminal (MICT).

3.         Objective — To protect government port facilities and ensure the safe maneuvering of vessels within the MICT jurisdiction, through the use of tugs.

4.         Guidelines

4.1    Responsibility for Ensuring Availability of Tug Assistance — The Authority (PPA), in coordination with the MICT Terminal Operator and in consultation with shipping clients, shall provide tug assistance service by authorizing shipping companies or private entities to provide such service on a non-exclusive basis.

4.2    Permit to Operate Tug Assistance — No operator shall provide tug assistance within the MICT harbor limits unless in possession of an annual Permit duly issued by the Authority, subject to the terms and requirements as it may deem proper (such as the MARINA/PCG Inspection Certificate, tug capacities and fleet availability), in addition to the requirements of other agencies. The tug operator shall provide the necessary equipment and expertise required to render efficient and safe service at MICT.

Tugboats towing barges/lighters are exempted from the above required annual permit when utilized solely for their own barges/lighters. Otherwise, the above PPA Permit is required when servicing other vessels for purposes of this regulation.

4.3    Table of Tug Requirements — Mandatory tug assistance requirements, under normal weather and port conditions, shall be determined on the basis of the gross registered tonnage (GRT) of the vessel and the capacity of tugs (horsepower-BHP) in accordance with the following:

Vessel Gross Tonnage (GRT)	Number of Tugs	Capacity (BHP/TUG)
500-below 3,000	1	1 x 1,000
3,000-10,000
- without bow thruster	2	2 x 1,000
- with bow thruster	1	1 x 1,000
10,001-20,000
- without bow thruster	2	2 x 2,400
- with bow thruster	1	1 x 2,400
(1,000 HP or above)
30,001 and above
- without bow thruster	2	2 x 3,000
- with bow thruster	1	1 x 3,000
(1,000 HP or above)

4.3.1    The Master of the vessel, in consultation with the Harbor Pilot, may require additional tugs depending on the prevailing weather and-port conditions.

4.3.2    The tug operator authorized by PPA and nominated by the shipping line shall coordinate with ICTSI and the harbor pilot in ensuring the provision of the required tugs (capacity/BHP of which shall not be lower than as prescribed under Section 4.3 of this Order).

4.3.3    A vessel with bow and stern thrusters which are both functional is exempted from the above tug requirement, but the Master of said vessel, in consultation with the harbor pilot, may still avail of tug assistance for the protection of the vessel and port facilities.

4.3.4    Non-propelled vessels (such as barges/lighters) are required to maintain their own tugboats while at berth, in accordance with PPA Memorandum Circular No. 22 86.

4.4    Rates for Tug Services — Consistent with existing applicable regulations, the Authority shall prescribe fees and rates for tug assistance in consultation with port users concerned. In the absence of prescribed or applicable fees, the rates chargeable shall be those that are agreed upon between the shipping company and the tugboat operator. In case of disagreement between them and after mediation has failed, the Authority shall determine the applicable rates.

4.5    Liability for Damages —- Any damage incurred by a vessel to port facilities and/or other vessels while under tug assistance shall be the liability of the parties declared at fault in accordance with applicable laws and regulations.

5.         Authority of the Port District Manager, PDO-Manila to Issue Additional Regulations — In coordination with shipping lines, tug operators, harbor pilots and the MICT Terminal Operator, the District Manager, PDO-Manila, shall have the authority to issue specific guidelines which are necessary to ensure a more responsive and effective implementation of this Order.

6.         Separability Clause — If for any reason, any section or part of this Order is declared invalid by competent Authority, the declared or invalid section or part thereof shall not affect the other sections or parts to which such declaration or nullity does not apply or relate.

7.         Repealing Clause — All PPA Orders which are inconsistent herewith are hereby repealed or amended accordingly.

8.         Effectivity — This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Adopted: 03 May 2000

(SGD.) JUAN O. PEÑA
General Manager