[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9301]
[[Page Unknown]]
[Federal Register: April 18, 1994]
=======================================================================
-----------------------------------------------------------------------
PANAMA CANAL COMMISSION
35 CFR Parts 133 and 135
RIN 3207-AA23
Tolls for Use of Canal and Rules for Measurement of Vessels
AGENCY: Panama Canal Commission.
ACTION: Advance notice of proposed rulemaking; request for comments;
notice of hearing.
-----------------------------------------------------------------------
SUMMARY: The Panama Canal Commission proposes a major revision of the
rules for measurement of vessels using the Panama Canal to become
effective October 1, 1994. The existing rules of measurement will be
replaced with a simplified, objective approach which brings the
Commission's system in line with an international practice which will
enter into full application worldwide on July 18, 1994. The proposed
rules apply a mathematical formula to the vessel's total volume to
produce the basis for assessing tolls. The tonnage values computed
under the proposed system are comparable to those calculated under the
Commission's existing rules and, in the aggregate, are equal to
existing tonnages; accordingly, no changes are proposed to the rates of
toll for use of the Canal; however, certain administrative changes to
the regulations dealing with Canal tolls are necessary to ensure their
consistency with the revised rules of measurement.
This advance notice of proposed rulemaking announces the
availability from the Commission of an analysis showing the basis of
and justification for the proposed changes, solicits written data and
comments from interested parties, and sets the time and place for a
public hearing.
DATES: Written comments and requests to present oral testimony must be
received on or before May 19, 1994; a public hearing will be held on
May 25, 1994 at 9:30 a.m.
ADDRESSES: Comments and requests to testify at the hearing may be
mailed to: Michael Rhode, Jr., Secretary, Panama Canal Commission, 1825
I Street NW., suite 1050, Washington, DC 20006-5402, (Telephone: (202)
634-6441) (Facsimile: (202) 634-6439); copies of the Commission's
analysis showing the basis of and justification for the proposed
changes are available from the Commission (at the above address) or
from the Office of Financial Management, Panama Canal Commission,
Balboa Heights, Republic of Panama (Telephone: 011-507-52- 3194)
(Facsimile: 011-507-52-3040).
The hearing will be held in the ANA Hotel, 2401 M Street NW.,
Washington, DC 20037. Oral presentations should be limited to 20
minutes. Regulations governing the content of the notice of appearance
or intention to present supplementary data at the hearing appear in 35
CFR 70.8 and 70.10.
FOR FURTHER INFORMATION CONTACT: Michael Rhode, Jr. at the above
address and telephone.
SUPPLEMENTARY INFORMATION: A complete revision to the Rules for
Measurement of Vessels for the Panama Canal contained in 35 CFR part
135 is proposed. The proposed revision is designed to simplify the
Commission's measurement procedures which since the Canal's inception
have been based on the Moorsom system. The change is designed to bring
measurement rules at the Canal in line with the worldwide standard of
tonnage measurement and achieve compatibility with the 1969
International Convention on Tonnage Measurement of Ships (Convention).
The Convention, which establishes a universal system of measurement for
vessels engaged on an international voyage, came into effect in the
United States on February 10, 1983.
This new 35 CFR part 135 would provide for:
a. Establishment of measurement rules for the Panama Canal
Commission which are based on Annex 1 of the Convention;
b. Transitional relief measures for certain vessels, provided they
do not have a structural change which results in an alteration of 10
percent or more in their total volume;
c. Continued use of foreign tonnage authorities, and for acceptance
of reasonably accurate volumes provided by them;
d. Correction of tonnage values as necessary to satisfy the
Commission's desire for accuracy; and
e. Calculation of volumes for vessels without an International
Tonnage Certificate 1969 (ITC 69) through an alternative tonnage
estimating formula.
Subpart A contains general provisions concerning the uses of the
Panama Canal Universal Measurement System (PC/UMS) Net Tonnage for the
purpose of calculating tolls and admeasurement fees. It provides for
the presentation of an ITC 69 or suitable substitute or the application
of alternative measurement procedures. It retains provision for
Commission control over the measurement determination, verification of
tonnage certificates and the administration of these rules.
Subpart B establishes the PC/UMS. Under it, tolls will be assessed
on the basis of the PC/UMS Net Ton. The Commission will apply a
mathematical formula to the total volume in order to determine the PC/
UMS Net Tonnage. This formula has been established so as to produce
tonnage and, hence, revenues that in the aggregate are equal to those
produced under the current system annually. Relevant definitions are
set forth in this subpart. The subpart also establishes the rules
concerning measurement and calculations. Finally, the subpart addresses
measurement rules in the event of a total volume change.
Subpart C continues without substantive change the present rules
for the measurement of warships, dredges and floating drydocks. Tolls
for these vessels will continue to be based on their tonnage of actual
displacement.
Subpart D provides transitional relief measures for vessels which
previously transited the Canal and have not had a significant
structural change.
Subpart E sets forth the measurement procedures the Commission will
use when it becomes necessary for the Commission to determine the total
volume of a vessel.
In addition to the changes to 35 CFR part 135, certain
administrative changes to 35 CFR part 133 (Tolls for Use of Canal) are
required. These changes will reconcile the language of part 133 with
new part 135 by allowing for the use of the ITC 69 to obtain the
required total volume information.
Section 1604 of the Panama Canal Act of 1979, as amended, 22 U.S.C.
3794, establishes the procedures that the Commission must follow in
proposing changes in the rules for measurement of vessels. Those
procedures have been supplemented by regulations in 35 CFR part 70,
which provide interested parties with instructions for participating in
the process governing changes in the measurement rules. The statute and
regulations require this advance notice of proposed rulemaking in order
for the Commission to announce the proposed changes and afford
interested parties an opportunity to submit written data or comments
and to participate in the public hearing on May 25, 1994. A written
analysis is also made available to the public showing the basis of and
justification for the revision.
All pertinent data or comments presented in writing, or orally at
the hearing, will be considered, along with other relevant information,
before the Commission publishes a notice of proposed rulemaking in the
Federal Register and forwards a complete record and its final
recommendation to the President of the United States. In considering
the proposal, the President has the authority to approve, disapprove,
or modify any recommendation of the Commission. The final rule,
approved and published by the President, shall be effective October 1,
1994, or 30 days from the date of publication in the Federal Register,
whichever occurs later.
The Commission has been exempted from Executive Order 12866 and,
accordingly, the provisions of that directive do not apply to this
proposed rule. Even if the Order were applicable, the proposed
regulation, which concerns ``rates'' and ``practices relating''
thereto, would not constitute a ``rule'' as that term is defined in the
Regulatory Flexibility Act (5 U.S.C. 601(2)) and would not have a
significant impact on a substantial number of small entities under that
Act.
A review of the environmental effect of the proposed measurement
rule changes concludes that the proposed change will not have a
significant effect on the quality of the human environment. An
environmental impact statement is not required under the National
Environmental Policy Act of 1969.
Finally, the Administrator of the Panama Canal Commission certifies
that these proposed regulations meet the applicable standards provided
in sections 2(a) and 2(b)(2) of Executive Order No. 12778.
List of Subjects in 35 CFR Parts 133 and 135
Measurement, Navigation, Panama Canal, Vessels.
Accordingly, it is proposed that 35 CFR parts 133 and 135 be
amended as follows:
PART 133--TOLLS FOR USE OF CANAL
3. The authority citation for part 133 continues to read as
follows:
Authority: Issued under authority of the President by 22 U.S.C.
3791, E.O. 12215, 45 FR 36043.
4. Section 133.1 is amended by revising the introductory text and
paragraphs (a) and (b) to read as follows:
Sec. 133.1 Rates of toll.
The following rates of toll shall be paid by vessels using the
Panama Canal:
(a) On merchant vessels, yachts, army and navy transports,
colliers, hospital ships, and supply ships, when carrying passengers or
cargo, $2.21 per PC/UMS Net Ton--that is, the net tonnage determined in
accordance with part 135 of this chapter.
(b) On vessels in ballast without passengers or cargo, $1.76 per
PC/UMS Net Ton.
* * * * *
5. Section 133.31 is revised to read as follows:
Sec. 133.31 Measurement of vessels; vessels to secure tonnage
certificate.
The rules for the measurement of vessels are fixed by part 135 of
this chapter. Vessels desiring to transit the Canal shall provide
themselves with a tonnage certificate in accordance with Sec. 133.32.
6. Section 133.32 is revised to read as follows:
Sec. 133.32 Measurement of vessels; making and correction of
measurements; plans and copies.
Measurements may be made by the admeasurers of the Canal or certain
other officials worldwide as designated by the Panama Canal Commission.
Each transiting vessel should have aboard and available to Canal
authorities a full set of plans and a copy of the measurements which
were made at the time of issue of its International Tonnage Certificate
(1969), as well as the tonnage certificate itself. A copy of the
International Tonnage Certificate (1969) shall be provided to Canal
authorities. The Commission reserves the right to check and correct the
total volume that is to be used in the calculation of the Panama Canal
Universal Measurement System Net Tonnage.
7. Section 133.33 is revised to read as follows:
Sec. 133.33 Measurement of vessels; temporary retention of certificate
at Canal.
The official Panama Canal Universal Measurement System Net Tonnage
certificate will be delivered by the Canal authorities to the vessel or
to the owner or agent of the vessel after transit completion. This
certificate will be retained on board the vessel and will be used to
certify that the vessel has been inspected and its Panama Canal
Universal Measurement System Net Tonnage has been determined by the
Commission.
PART 135--RULES FOR MEASUREMENT OF VESSELS
8. Part 135 is revised to read as follows:
Subpart A--General Provisions
Sec.
135.1 Scope.
135.2 Vessels generally to present tonnage certificate or be
measured.
135.3 Determination of total volume.
135.4 Administration and interpretation of rules.
Subpart B--PC/UMS Net Tonnage Measurement
135.11 Tonnage.
135.12 Definitions.
135.13 Determination of PC/UMS net tonnage.
135.14 Change of PC/UMS net tonnage.
135.15 Calculation of volumes.
135.16 Measurement and calculation.
Subpart C--Warships, Dredges and Floating Drydocks
135.21 Warships, dredges and floating drydocks to present documents
stating displacement tonnage.
135.22 Tolls on warships, dredges and floating drydocks levied on
actual displacement.
Subpart D--Transitional Relief Measures
135.31 Vessels eligible for transitional relief measures.
Subpart E--Alternative Method for Measurement of Vessels
135.41 Measurement of ships when volume information is not
available.
135.42 Measurement of ships when tonnage cannot be otherwise
ascertained.
Authority: Issued under authority of the President by 22 U.S.C.
3791, E.O. 12215, 45 FR 36043.
Subpart A--General Provisions
Sec. 135.1 Scope.
This part establishes the procedures for determining the Panama
Canal Universal Measurement System (hereinafter PC/UMS) Net Tonnage.
The tonnage will be used to assess tolls for use of the Panama Canal.
Also, the tonnage may be used, when adequate volume information is not
provided, to assess the charge for admeasurement services.
Sec. 135.2 Vessels generally to present tonnage certificate or be
measured.
All vessels except warships, floating drydocks, dredges, and
vessels eligible for transitional relief measures, applying for passage
through the Panama Canal shall present a duly authenticated
International Tonnage Certificate (1969) (hereinafter ITC 69), or
suitable substitute (i.e., a certificate derived from a system which is
substantially similar to that which was provided for in the 1969
International Convention on Tonnage Measurement of Ships, and which
contains the total volume or allows for the direct mathematical
determination of total volume). Vessels without such total volume
information shall be inspected by Canal authorities who will determine
an appropriate volume for use in the calculation of a PC/UMS Net
Tonnage of such vessels.
Sec. 135.3 Determination of total volume.
(a) The determination of total volume used in the calculation of
PC/UMS Net Tonnage shall be carried out by the Panama Canal Commission.
In so doing, however, the Commission may rely upon total volume
information provided by such officials as are authorized by national
governments to undertake surveys and issue national tonnage
certificates. Total volume information presented at the Panama Canal
shall be subject to verification, and if necessary, correction insofar
as may be necessary to ensure accuracy to a degree acceptable to the
Panama Canal Commission.
(b) The Commission may, when it is deemed necessary to verify
information contained on the ITC 69, require the submission of
additional documents. Failure to submit the requested documentation may
result in the Commission's developing a figure that accurately reflects
the vessel's volume.
Sec. 135.4 Administration and interpretation of rules.
The rules of measurement provided in this part shall be
administered and interpreted by the Administrator of the Panama Canal
Commission.
Subpart B--PC/UMS Net Tonnage Measurement
Sec. 135.11 Tonnage.
(a) The tonnage of a ship shall consist of PC/UMS Net Tonnage.
(b) The net tonnage shall be determined in accordance with the
provisions of the regulations in this subpart.
(c) The net tonnage of novel types of craft whose constructional
features are such as to render the application of the provisions of the
regulations in this subpart unreasonable or impracticable shall be
determined in a manner which is acceptable to the Panama Canal
Commission.
Sec. 135.12 Definitions.
(a) Upper Deck means the uppermost complete deck exposed to weather
and sea, which has permanent means of weathertight closing of all
openings in the weather part thereof, and below which all openings in
the sides of the ship are fitted with permanent means of watertight
closing. In a ship having a stepped upper deck, the lowest line of the
exposed deck and the continuation of that line parallel to the upper
part of the deck is taken as the upper deck.
(b) Moulded Depth means the vertical distance measured from the top
of the keel to the underside of the upper deck at side.
(1) In wood and composite ships the distance is measured from the
lower edge of the keel rabbet. Where the form at the lower part of the
midship section is of a hollow character, or where thick garboards are
fitted, the distance is measured from the point where the line of the
flat of the bottom continued inwards cuts the side of the keel.
(2) In ships having rounded gunwales, the moulded depth shall be
measured to the point of intersection of the moulded lines of the deck
and side shell plating, the lines extending as though the gunwales were
of angular design.
(3) Where the upper deck is stepped and the raised part of the deck
extends over the point at which the moulded depth is to be determined,
the moulded depth shall be measured to a line of reference extending
from the lower part of the deck along a line parallel with the raised
part.
(c) Breadth or moulded breadth means the maximum breadth of the
ship, measured amidships to the moulded line of the frame in a ship
with a metal shell and to the outer surface of the hull in a ship with
a shell of any other material.
(d) Enclosed spaces mean all spaces which are bounded by the ship's
hull, by fixed or portable partitions or bulkheads, by decks or
coverings other than permanent or movable awnings. No break in a deck,
nor any opening in the ship's hull, in a deck or in a covering of a
space, or in the partitions or bulkheads of a space, nor the absence of
a partition or bulkhead, shall preclude a space from being included in
the enclosed space.
(e) Excluded spaces mean, notwithstanding the provisions of
paragraph (d) of this section, the spaces referred to in paragraphs
(e)(1) to (e)(5) of this section. Excluded spaces shall not be included
in the volume of enclosed spaces, except that any such space which
fulfills at least one of the following three conditions shall be
treated as an enclosed space:
--The space is fitted with shelves or other means for securing cargo or
stores;
--The openings are fitted with any means of closure;
--The construction provides any possibility of such openings being
closed.
(1)(i) A space within an erection opposite an end opening extending
from deck to deck except for a curtain plate of a depth not exceeding
by more than 25 millimeters (one inch) the depth of the adjoining deck
beams, such opening having a breadth equal to or greater than 90
percent of the breadth of the deck at the line of the opening of the
space. This provision shall be applied so as to exclude from the
enclosed spaces only the space between the actual end opening and a
line drawn parallel to the line or face of the opening at a distance
from the opening equal to one-half of the width of the deck at the line
of the opening (Figure 1).
In the figure:
O = excluded space
C = enclosed space
I = space to be considered as an enclosed space
Hatched in parts to be included as enclosed spaces.
B = breadth of the deck in way of the opening.
In ships with rounded gunwales the breadth is measured as indicated
in Figure 11 in paragraph (e)(5).
BILLING CODE 3640-04-P
TP18AP94.003
BILLING CODE 3640-04-C
(1)(ii) Should the width of the space because of any arrangement
except by convergence of the outside plating, become less than 90
percent of the breadth of the deck, only the space between the line of
the opening and a parallel line drawn through the point where the
athwartships width of the space becomes equal to, or less than, 90
percent of the breadth of the deck shall be excluded from the volume of
enclosed spaces. (Figures 2, 3 and 4).
In the figures:
O = excluded space
C = enclosed space
I = space to be considered as an enclosed space
Hatched in parts to be included as enclosed spaces.
B = breadth of the deck in way of the opening.
In ships with rounded gunwales the breadth is measured as indicated
in Figure 11 in paragraph (e)(5).
BILLING CODE 3640-04-P
TP18AP94.004
TP18AP94.005
BILLING CODE 3640-04-C
(1)(iii) Where an interval which is completely open except for
bulwarks or open rails separates any two spaces, the exclusion of one
or both of which is permitted under paragraphs (e)(1)(i) and/or
(e)(1)(ii) of this section, such exclusion shall not apply if the
separation between the two spaces is less than the least half breadth
of the deck in way of the separation. (Figures 5 and 6).
In the figures:
O = excluded space
C = enclosed space
I = space to be considered as an enclosed space
Hatched in parts to be included as enclosed spaces.
B = breadth of the deck in way of the opening.
In ships with rounded gunwales the breadth is measured as indicated
in Figure 11 in paragraph (e)(5).
BILLING CODE 3640-04-P
TP18AP94.006
BILLING CODE 3640-04-C
(2) A space under an overhead deck covering open to the sea and
weather, having no other connection on the exposed sides with the body
of the ship than the stanchions necessary for its support. In such a
space, open rails or a bulwark and curtain plate may be fitted or
stanchions fitted at the ship's side, provided that the distance
between the top of the rails or the bulwark and the curtain plate is
not less than 0.75 meters (2.5 feet) or one-third of the height of the
space, whichever is the greater. (Figure 7).
BILLING CODE 3640-04-P
TP18AP94.007
BILLING CODE 3640-04-C
(3) A space in a side-to-side erection directly in way of opposite
side openings not less in height than 0.75 meters (2.5 feet) or one-
third of the height of the erection, whichever is the greater. If the
opening in such an erection is provided on one side only, the space to
be excluded from the volume of enclosed spaces shall be limited inboard
from the opening to a maximum of one-half of the breadth of the deck in
way of the opening. (Figure 8).
In the figures:
O = excluded space
C = enclosed space
I = space to be considered as an enclosed space
Hatched in parts to be included as enclosed spaces.
B = breadth of the deck in way of the opening.
In ships with rounded gunwales the breadth is measured as indicated
in Figure 11 in paragraph (e)(5).
TP18AP94.008
BILLING CODE 3640-04-C
(4) A space in an erection immediately below an uncovered opening
in the deck overhead, provided that such an opening is exposed to the
weather and the space excluded from enclosed spaces is limited to the
area of the opening. (Figure 9).
BILLING CODE 3640-04-P
TP18AP94.009
BILLING CODE 3640-04-P
(5) A recess in the boundary bulkhead of an erection which is
exposed to the weather and the opening of which extends from deck to
deck without means of closing, provided that the interior width is not
greater than the width at the entrance and its extension into the
erection is not greater than twice the width of its entrance. (Figure
10).
In the figure:
O = excluded space
C = enclosed space
I = space to be considered as an enclosed space
Hatched in parts to be included as enclosed spaces.
BILLING CODE 3640-04-P
TP18AP94.010
TP18AP94.011
BILLING CODE 3640-04-C
(f) Passenger means every person other than:
(1) The master and the members of the crew or other persons
employed or engaged in any capacity on board a ship on the business of
that ship; and
(2) A child under one year of age.
(g) Weathertight means that in any sea conditions water will not
penetrate into the ship.
Sec. 135.13 Determination of PC/UMS net tonnage.
PC/UMS Net Tonnage will be determined as follows:
(a) For all vessels with tolls fixed in accordance with Sec. 133.1
(a) or (b) of this chapter, unless eligible for the transitional relief
measures established in Sec. 135.31 of this chapter, the formula for
determining PC/UMS Net Tonnage is:
PC/UMS Net Tonnage = K4(V) + K5(V)
in which formula:
(1) ``K4'' = [0.25 + {0.01 x Log10(V)}] x 0.830
(2) ``K5'' = [Log10(DA-19)]/{[Log10(DA-16)] x 17}.
If the number of passengers (N1 + N2) is greater than 100 or
DA is equal to or less than 20.0 meters then K5 is equal to zero.
(3) ``V'' = Total volume of all enclosed spaces of the ship in
cubic meters and is identical to V as specified in the 1969
International Convention on Tonnage Measurement of Ships.
(4) ``DA'' (Average depth) = The result of the division of the
Total Volume by the product of the length in meters multiplied by the
molded breadth in meters. DA = V/(L x MB).
(5) ``L'' (Length) is defined as 96 percent of the total length on
a waterline at 85 percent of the least moulded depth measured from the
top of the keel, or the length from the fore side of the stem to the
axis of the rudder stock on that waterline, if that be greater. In
ships designed with a rake of keel, the waterline on which this length
is measured shall be parallel to the designed waterline.
(6) Moulded breadth is defined in Sec. 135.12(c).
(7) N1 = number of passengers in cabins with not more than 8
berths.
(8) N2 = number of other passengers.
(9) N1 + N2 = total number of passengers the ship is
permitted to carry as indicated in the ship's passenger certificate.
(b) For vessels eligible for transitional relief measures, the
existing Panama Canal Net Tonnage as specified on the certificate
issued by Panama Canal Commission will become the PC/UMS Net Tonnage.
In such case, the formula for determining PC/UMS Net Tonnage is: PC/UMS
Net Tonnage = Panama Canal Net Tonnage.
Sec. 135.14 Change of PC/UMS net tonnage.
(a) Vessels whose PC/UMS Net Tonnage is determined in accordance
with section Sec. 135.13(a) will have a new PC/UMS Net Tonnage issued
if ``V'' changes.
(b) A vessel whose PC/UMS Net Tonnage is determined in accordance
with Sec. 135.13(b) will retain that tonnage until the vessel undergoes
a significant structural change as defined in Sec. 135.14(c). In the
event of a significant structural change, the vessel's PC/UMS Net
Tonnage will be determined in accordance with Sec. 135.13(a).
(c) For the purposes of paragraph (b), significant structural
change means an actual change of at least 10 percent in the total
volume of the vessel. Vessels without comparative ITC 69 total volumes,
or other suitable sources of total volume comparison, will have a fair
and equitable volume comparison made by the Commission to determine if
a significant structural change has occurred.
Sec. 135.15 Calculation of volumes.
(a) All volumes included in the calculation of PC/UMS net tonnage
shall be measured, irrespective of the fitting of insulation or the
like, to the inner side of the shell or structural boundary plating in
ships constructed of metal, and to the outer surface of the shell or to
the inner side of structural boundary surfaces in ships constructed of
any other material.
(b) Volumes of appendages shall be included in the total volume.
(c) Volumes of spaces open to the sea may be excluded from the
total volume.
Sec. 135.16 Measurement and calculation.
(a) All measurements used in the calculation of volumes shall be
taken to the nearest centimeter or one-twentieth of a foot.
(b) The volumes shall be calculated by generally accepted methods
for the space concerned and with an accuracy acceptable to the
Commission.
(c) The calculation shall be sufficiently detailed to permit easy
checking.
Subpart C--Warships, Dredges and Floating Drydocks
Sec. 135.21 Warships, dredges and floating drydocks to present
documents stating displacement tonnage.
All warships, floating drydocks, and dredges shall present
documents stating accurately the tonnage of displacement at each
possible mean draft. The term ``warship'' means any vessel of
government ownership that is being employed by its owners for military
or naval purposes and shall include armed coast guard vessels and
vessels devoted to naval training purposes, but shall not include naval
auxiliary vessels such as tankers, ammunition ships, refrigerator
ships, repair ships, tenders or vessels used to transport general
military supplies.
Sec. 135.22 Tolls on warships, dredges and floating drydocks levied on
actual displacement.
The toll on warships, dredges, and floating drydocks shall be based
upon their tonnage of actual displacement at the time of their
application for passage through the Canal. The actual displacement of
these vessels shall be determined in a manner acceptable to the
Commission and shall be expressed in tons of 2240 pounds. Should any of
these vessels not have on board documents from which the displacement
can be determined, Commission officials may use any practicable method
to determine the displacement tonnage for assessment of tolls.
Subpart D--Transitional Relief Measures
Sec. 135.31 Vessels eligible for transitional relief measures.
To be eligible for the transitional relief measures as specified in
Sec. 135.13(b), a vessel must have made a transit of the Panama Canal
between March 23, 1976 and September 30, 1994, inclusive, and not have
had a significant structural change as defined in Sec. 135.14(c) since
the last transit during the above period. Any significant structural
change made after the granting of transitional relief measures will
disqualify a vessel for further relief, and the vessel will be handled
in accordance with the provisions of Sec. 135.13(a). Transitional
relief measures are applied to the vessel during its entire active
service life as long as the vessel does not undergo a significant
structural change. Vessels eligible for transitional relief measures
will present their existing Panama Canal Tonnage Certificate on their
first transit after October 1, 1994. Vessels eligible for relief
measures will not be required to present an ITC 69 or any other total
volume certification.
Subpart E--Alternative Method for Measurement of Vessels
Sec. 135.41 Measurement of vessels when volume information is not
available.
When an ITC 69 or suitable substitute is not presented or the
certificate or substitute presented does not have an accuracy
acceptable to the Commission, vessels will be measured in a manner that
will include the entire cubical contents as required by the definition
of total volume and enclosed spaces. The Commission will endeavor to
determine an accurate total volume of the vessel using the best
information available at the time of the determination. The total
volume shall be calculated by generally accepted methods for the space
concerned and with an accuracy acceptable to the Commission.
Sec. 135.42 Measurement of ships when tonnage cannot be otherwise
ascertained.
(a) Vessels without an ITC 69, a suitable substitute or
documentation from which to calculate total volume shall be measured as
follows.
(1) The volume of structures above the upper deck may be determined
by any accepted method or combination of methods. These methods include
but are not limited to simple geometric formulas, Simpson's rules, and
other standard mathematical formulas. If special procedures are used,
they should be identified. In all cases, measurements and calculations
should be sufficiently detailed to permit easy review.
(2) The volume of the hull below the upper deck (UDV) shall be
determined as follows:
(i) The formula:
UDV = (0.91 x ((LOA x MB) x (D-SLD))) + (SLDISP/1.025)
Where:
UDV = Total volume of all enclosed spaces below the upper deck in cubic
meters.
LOA = The Length overall, i.e., the length of the ship in meters from
the foremost to the aftermost points, including a bulbous bow if
present.
MB = Moulded breadth in meters as defined in Sec. 135.12(c).
D = Moulded depth in meters as defined in Sec. 135.12(b).
SLD = Summer loaded draft (in meters) i.e., the maximum depth to which
the vessel's hull may be immersed when in a summer zone.
SLDISP = Summer loaded displacement, i.e., the actual weight in metric
tons of the water displaced by the vessel when immersed to her SLD.
(ii) If Sec. 135.42(a)(2)(i) proves unworkable, the total volume of
the hull below the upper deck will be determined by multiplying the
product of the LOA, MD and D by the appropriate coefficient listed in
the following table:
------------------------------------------------------------------------
LOA in meters Coefficient
------------------------------------------------------------------------
0 to 30................................................. .7150
> 30 to 60.............................................. .7250
> 60 to 90.............................................. .7360
> 90 to 120............................................. .7453
> 120 to 150............................................ .7328
> 150 to 180............................................ .7870
> 180 to 210............................................ .8202
> 210 to 240............................................ .7870
> 240 to 270............................................ .7328
> 270................................................... .7453
------------------------------------------------------------------------
(3) The total volume of a vessel is the sum of the volume of the
structures above the upper deck as determined in accordance with
Sec. 135.42(a)(1) and the volume of the hull below the upper deck as
determined in accordance with Sec. 135.42(a)(2)(i) or (ii).
(b) Vessels which have had their total volume determined in
accordance with Sec. 135.41 or this section may apply for
readmeasurement when they have a new or corrected ITC 69, a suitable
substitute or present documentation sufficient to calculate total
volume.
Dated: April 6, 1994.
Gilberto Guardia F.,
Administrator, Panama Canal Commission.
[FR Doc. 94-9301 Filed 4-15-94; 8:45 am]
BILLING CODE 3640-04-P
