1. AUTHORITY

1.1 Section 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 at the South Harbor, Port of Manila.

3. OBJECTIVE

To protect government port facilities and to ensure the safe maneuvering of vessels at the South Harbor through the use of tugs.

4. GUIDELINES

4.1       Responsibility for Ensuring Availability of Tug Assistance - The Authority (PPA) 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 - Only tug operators with a valid Permit to Operate (PTO) issued by the Port Management Office of South Harbor shall be allowed to render tug assistance service. Tug operator applicants shall only be issued a PTO after submission of the following requirements:

4.2.1 A valid tug Certificate of Inspection issued by MARINA for every tugboat.

4.2.2 Result of Bollard Pull (BP) test, if available, which shall not be less than 35/40 BP for 2,400/3,200 Brake Horsepower (BHP).

4.2.3 Proof that the tug operator can field, when needed, at least four (4) tugboats from its available fleet with a minimum capacity each of 2 x 1,000 BHP and 2 x 2,400/3,200 BHP.

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

4.3       Table of Tug Requirements - Under normal weather conditions, the mandatory tug requirements for docking/undocking of vessels shall be as follows:

Vessel's GRT	Number of Tugs	Capacity
500-Below 3,000	1	1,000
3,000 to 7,000	2	2 x 1,000
7,001 to 12,000	2	1 x 1,000
		1 x 2,400
12,001 to 20,000	2	2 x 2,400
20,001 to 20,000	2	1 x 2,400
		1 x 3,000
Above 30,001	3	3 x 2,600
		-3,000

4.3.1 Provided, that the Master of a vessel may, in consultation with the Harbor Pilot, require additional tugs depending on the prevailing weather and port condition.

4.3.2 In the absence or insufficiency of tugboats, a combination of motor launches to comprise a combined HP capacity equivalent to the required tugs may be allowed. Provided, further, that vessel with both functional bow and stern side thrusters of sufficient capacity are exempted from the above tug requirements. However, the Master may still avail of the assistance of tugs for the protection of the vessel.

4.3.3 Provided furthermore, that a vessel which has only either a functional bow or stern side thruster shall still be required to have fifty (50%) percent of the above tug horsepower requirements.

4.3.4 Provided finally, that non-propelled vessels such as barges and lighters are exempted from the above requirement. However, they are still required to maintain their own tugboats while at berth in accordance with PPA Memo Circular No. 22-86.

4.4       Rates for Tug Services - Consistent with existing applicable laws, the Authority shall prescribe fees and rates for tug assistance in consultation with port users concerned. In the absence of 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, the Authority shall determine the rates.

4.5       Liability for Damages to Port Facilities - Any damage caused to port facilities by vessels under tug assistance service shall be the liability of the party/parties declared at fault, as determined under existing applicable laws and regulations.

5. POWER OF THE PORT MANAGER

In coordination with shipping lines, tug assistance operators and the Manila Pilot's Association, the Port Manager shall have the power to issue such specific guidelines which are necessary to ensure a more practicable and effective implementation of this Order.

6. SEPARABILITY CLAUSE

If for any reason, any section or part of this Order is declared unconstitutional or 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 any newspaper of general circulation.

Adopted: 29 April 1998

(SGD.) CARLOS L. AGUSTIN
General Manager